COMVIISSION OF THE EUROPEAN COMV1UNITIES 
COM(93) 548 final - SYN 477 
Brussels, 24 November 1993 
Proposa, for a council Directly, on the approximation 
" t„. lmm of ^ sutes w|th regard to the transport ^ ^^ 
goods by road 
(presented by the Commission) 
_ £ * >, - 4 -
EXPLANATORY MEMORANDUM 
A. General 
Current situation 
Dangerous goods are subject to detailed national and international 
regulations directed towards ensuring by law that these goods are carried 
under optimum conditions as regards the safety of persons, property and the 
envi ronment. 
Each year the volume and range of dangerous goods carried within the 
Community, in particular by road, increases, with a number of accidents 
focussing particular attention on this form of transport. 
All Member States of the Community , except Ireland, are contracting parties 
to the European Agreement concerning the International Carriage of Dangerous 
Goods by Road (ADR), which sets down uniform rules for the international 
transport of these goods by road. 
Alongside the ADR, the international transport of dangerous goods by road 
between the contracting parties is regulated by numerous bilateral 
agreements. 
At national level rules have developed in a diverse manner. As there is as 
yet no comprehensive Community legislation in place, it would be in line 
with Community strategy in the context of the Single Market to require the 
same established international rules in national transport in order to 
achieve harmonisation of the conditions for transport of dangerous goods by 
road throughout the Community, concurrently ensuring a sufficiently high 
level of protection and safety. 
Already the Commission has been active in developing proposals on the 
transport of dangerous goods in line with its principle of plugging the 
gaps, where these exist, in existing international legislation. In this 
context the Council has adopted Directive 89/684/EEC^1) on vocational 
training for certain drivers of vehicles carrying dangerous goods by road. 
B. Justification for action at Community level 
I. Subsidiari ty 
(a) What are the objectives of the proposed action in relation to the 
Community's obligations? 
In seeking to harmonise rules on the transport of dangerous goods 
within, as well as between, Member States, it is intended that an 
acceptable level of safety in this form of transport will be 
ensured. 
(1) OJ No. L 398, 30.12.89, p. 33 
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Moreover, it is envisaged that a harmonisation of rules at national 
level will lead to a single market in the provision of transport 
services with regard to the transport of dangerous goods within the 
Community. Moreover, such a harmonisation would remove existing 
obstacles to free movement of goods between Member States as far as 
transport equipment (vehicles, cylinders, tanks, packaging, safety 
devices) are concerned. 
(b) Does competence for the planned activity lie solely with the 
Community or is it shared with the Member States? 
Shared competence. 
Article 75, paragraph 1(c) 
(c) What is the Community dimension of the problem (for example, how 
many Member States are involved and what solution has been used up 
to now)? 
All Member States, except Ireland, are already signatory to the ADR 
Agreement on the international transport of dangerous goods by road 
and all Member States, without exception, have national rules more 
or less based on those applied in international transport. 
Nevertheless, conditions under which dangerous goods are 
transported at national level vary from one Member State to 
another. Such divergences as do exist constitute an obstacle to 
free provision of transport services and, moreover, to free 
movement of transport equipment within the Community. Moreover, 
differing interpretations of existing national rules might lead to 
a lowering of transport safety. 
(d) What is the most effective solution taking into account the means 
available to the Community and those of the Member States? 
All Member States, except Ireland, are already Contracting Parties 
to the ADR Agreement for the purposes of international transport. 
However, a very large number of bilateral or multilateral 
agreements provide for derogations to ADR rules which impair the 
uniform character of those rules. At national level rules on the 
transport of dangerous goods exist and are, to a greater or lesser 
extent, based on international rules. Nevertheless, these national 
rules remain different in each Member State, although gradual 
alignment with the international rules is emerging. The Commission 
has a role to play in coordinating these harmonisation efforts and 
this is the aim of such a proposal. Moreover, by bringing existing 
dangerous goods transport rules into Community legislation, the 
Commission will be more able to ensure coherence between these 
rules and other related aspects of Community legislation. 
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(e) What real added value will the activity proposed by the Community 
provide and what would be the cost of inaction? 
The added value of this proposal for the Community will be greater 
clarity through the application of uniform provisions Community-
wide, a commonly agreed and acceptable level of safety, the freedom 
of provision of transport operations as well as an enlarged, open 
market for products and transport equipment. Costs of inaction 
would be the persistance of obstacles to free provision of 
transport services caused by diverging national legislations and 
international agreements. 
(f) What forms of action are available to the Community 
(recommendation, financial support, regulation, mutual recognition, 
etc ...)? 
It is considered that a Directive is the best means available of 
achieving the goal of uniform national requirements in this field, 
which is already regulated to some degree by Member States. A 
Directive would allow the flexibility of amending existing national 
rules rather than abandonning these for a regulation. A 
recommendation is considered insufficient for a transport sector 
which constitutes around 15% of all freight movements in the 
Community and which, by its very nature, might have considerable 
implications for safety. Financial support would clearly be 
inadequate. 
(g) Is it necessary to have a uniform regulation or is a directive 
setting out the general objectives sufficient, leaving 
implementation at the level of the Member States? 
The nature of the ADR Agreement as it exists at present is complex 
and detailed in its technical provisions. It is not the 
Community's intention to further complicate these rules by 
developing additional requirements, but rather, as far as possible 
to take the existing ADR for international transport and transpose 
this additionally into national law. 
II. Harmonisation of conditions 
Most national rules are more or less aligned with the existing international 
recommendations or regulations but certain conditions under which dangerous 
goods are carried at national level differ from one Member State to another. 
Divergences between the national regulations constitute an obstacle to free 
provision of transport services around the Community and there are also 
differing interpretations of existing international rules. This situation 
requires the introduction of Community legislation ensuring harmonised 
rules. 
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Moreover, at present and under the terms of the ADR, Member States conclude, 
on a bilateral basis, agreements derogating from the ADR. The number of 
existing Agreements is large and the nature of these creates distortion in 
the provision of transport services. The availability of a Committee to 
adapt this proposal to scientific and technological progress should overcome 
the need for such derogations. 
Coherence with other Community bolicies 
Whilst reflecting as far as possible existing international legislation on 
the transport of dangerous goods by road, this proposal has the additional 
aim of coherence with Community policies. In particular, technical 
requirements for vehicles specially adapted and equipped for the transport 
of dangerous goods by road have been framed against the background of 
existing Community legislation for vehicles in Council Directive 
70/156/EEC(1>, as last amended by Council Directive 92/53/EEC<2), with 
the aim of ensuring free movement of vehicles across Community territory. 
Pending the adoption of this proposal, a new separate Directive in the 
framework of Council Directive 92/53/EEC will be proposed, which will cross-
refer to this proposal in its adopted form (the Annexes to this Directive 
containing the Annexes to the ADR where technical requirements for vehicles 
are covered). In that way specific supplementary technical requirements 
for vehicles transporting dangerous goods will become a part of Community 
legislation. All vehicles specifically adapted for this type of transport 
will anyway have to meet the technical requirements of all the relevant 
separate Directives as prescribed in Annex IV of Council Directive 
70/156/EEC, as last amended by Council Directive 92/53/EEC. 
In addition, Council Directives 90/219/EEC<3), 90/220/EEC<4) and 
90/679/EEC(5) on the contained use and deliberate release of, as well as 
protection of workers from, biological agents and genetically modified 
organisms, do not seek to cover the conditions under which these are 
transported. Currently this is only covered in international transport 
legislation and it is proposed, by way of this proposal, to require the 
same safety provisions in the national transport of these substances by 
road. 
In terms of safety of workers in the transport of dangerous goods, the 
Council has already adopted Directive 89/391/EEC^6^ on measures for 
improvements in the safety and health of workers. Two further proposals for 
Directives have been submitted to the Council for adoption, concerning 
minimum safety and health requirements for transport activities and 
workplaces on means of transport*7), and protection of workers from risks 
related to chemical agents*8^. 
(1) OJ No L 42, 23.2.70, p.1 
(2) OJ No L 225, 10.8.92, p.1 
(3) OJ No L 117, 8.5.90, p.1 
(4) OJ No L 117, 8.5.90, p.15 
(5) OJ No L 374, 31.12.90, p.1 
(6) 0J No L 183, 29.6.89, p.1 
(7) OJ No C 25, 28.1.93, p.17 
(8) OJ No C 165, 16.6.93, p.4 
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The Council agreed upon arrangements*1) for IiberaI izin-j cabotage 
operations for road transport at its meeting of 19 June 1993 which \ay down 
a definitive system regulating the conditions under which non-resident 
carriers may operate national road haulage services within a Member State 
(cabotage). Although under this system national rules on technical 
standards governing the construction and equipment of road vehicles 
applicable in the host Member State cannot impose restrictions on vehicles 
which comply with Community or international rules concerning technical 
construction and equipment requirements, other, non-technical, requirements 
can be imposed. Moreover, in such a situation, different rules would apply 
to resident and non-resident Community hauliers, which would lead to 
distortions of competition. Therefore, the introduction of uniform rules 
governing the transport of dangerous goods by road would complement the 
establishment of a final cabotage regime, securing the Council's legal 
obligation to introduce complete freedom to provide transport services, as 
laid down in the Treaty. 
The Community has adopted Council Regulation (EEC) 4060/89*2), as amended 
by Council Regulations (EEC) 3356/91(3> and (EEC) 3912/92*4), on the 
removal of border controls for international transport of dangerous goods in 
accordance with the ADR Agreement. 
The abolition of existing infrastructure for checking vehicles carrying 
dangerous goods at internal frontiers of the Community will require that 
adequate and common standards of safety in this transport are laid down to 
be complied with by all Member States in a single market. 
The Council Directive 67/548/EEC*5) on the classification, packaging and 
labelling of dangerous substances lays down rules for the classification, 
packaging and labelling of dangerous substances and preparations which are 
placed on the market. These rules differ from the rules for the 
classification as contained in Annex A of this proposal, which have been 
decided on the basis of the UN system of classification of dangerous goods. 
The Commission, in accordance with its undertaking and that of Member 
States, under the long term goals set under Agenda 21 - Chapter 19 of the 
UNCED Conference in Rio de Janeiro in June 1992, will work actively within 
the various UN organisations, e.g. the responsible UN transport bodies, to 
harmonize the two classification systems. 
C. Scope of the probosal 
It is not the intention of this proposal for a Directive, in harmonising 
existing requirements in Member States throughout the Community, to lower 
the level of safety required for the transport of dangerous goods. Such 
safety should be maintained at as high a level as possible and this is 
achieved by reflecting amendments adopted in the regular updating of the ADR 
and United Nations Recommendations on the Transport of Dangerous Goods which 
aim to reach the highest possible acceptable levels of safety. This 
proposed Directive should be provided with the opportunity to take account 
of these amendments, by way of the Committee procedure provided for in 
Articles 8 and 9. Moreover, as and when European standards are developed on 
the technical aspects of the transport of dangerous goods, these new 
standards should be reflected in revisions to the proposal, through the 
Committee procedure provided for. 
(1) Council Decision of 19 June 1993 
(2) OJ No L 390, 30.12.89, p.18 
(3) OJ No L 318, 20.11.91, p.1 
(4) OJ No L 395, 31.12.92, p.6 
(5) OJ No 196, 16.8.1967, p.1 
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Furthermore, given the special nature of this transport, it should be made 
possible in this proposal that Member States be allowed to provide for 
additional laws which meet specific requirements in respect of the transport 
of dangerous goods, for reasons other than safety - e.g. environment, 
national security - while ensuring that the effects of such an option do not 
run counter to the objectives of the Treaty, particularly with regard to the 
setting up of a common area without internal frontiers. Where applied, such 
restrictions should be notified to the Commission. 
In seeking to apply uniform provisions throughout the Community, thereby 
eliminating obstacles to the free movement of goods between Member States 
and creating a single market in the provision of transport services with 
regard to the transport of dangerous goods within the Community, it is 
considered that certain benefits would accrue from this proposal for 
businesses involved in the transport sector, particularly transport 
operators. 
This proposal does not address the issue of controls, which the Commission 
intends to cover in a separate Community instrument. 
D. Contents of the Proposal 
Article 1 determines the scope of this proposal. Excluded from scope are 
postal consignments as well as vehicles used for the transport of dangerous 
goods under the control of the armed forces of a Member State. An additional 
paragraph confirms that existing and future Community legislation on worker 
safety, construction of vehicles and environmental protection shall be 
respected. 
Article 2 defines the main terms used in the proposal. It is proposed that 
the definition of dangerous goods covered by this proposal is that provided 
for in the Annexes, originally taken from the European Agreement concerning 
the International Carriage of Dangerous Goods by Road (ADR), as amended. 
This definition of dangerous goods is already used in international 
transport of dangerous goods by road in Europe and in most Member States' 
national law. In so far as the ADR Agreement is likely to be amended 
subsequently to align with the multimodal United Nations Recommendations on 
the Transport of Dangerous Goods, the Annexes to this proposal will likewise 
be amended to reflect changes to these Recommendations. 
The definition of vehicle has been taken from Council Directive 92/53/EEC 
concerning vehicle type approval, in order to ensure coherence between this 
proposal and existing Community legislation. While the definition given 
might be slightly more restrictive in scope than that given in the ADR 
Agreement, it is considered to cover most 'normal' transports. Other types 
of vehicle not covered by the definition given in this proposal may be 
regulated by Member States in their national legislation. 
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Article 3 regulates the conditions under which dangerous goods are 
authorised for carriage both in packages and in bulk and covers the 
prohibitions from transport for certain goods. 
The purpose of Article 4 is to allow Member States to retain national 
standards where these national rules are compatible with the multimodal 
United Nations Recommendations on the Transport of Dangerous Goods, with 
which the ADR is gradually being harmonised, so that this state of events 
will have a temporary character. 
Articles 5 and 6 provide for instances in existing national legislation 
where rules on the transport of dangerous goods might be more, or less, 
stringent for certain goods and for specific purposes. Such instances 
should be notified to the Commission. 
Article 5, paragraph 1 reproduces the existing exemption under the ADR 
Agreement for international transport, whereby Member States are free to 
prohibit or regulate the transport of certain dangerous goods on their 
territory for reasons other than safety. Justifiable grounds for a stricter 
regulation or prohibition might be environmental or reasons of national 
security. Examples would be restrictions on dangerous goods transport in 
environmentally sensitive areas or prohibitions on the transport of 
explosives for reasons of national security. 
Paragraph 2, linked to paragraph 1, seeks to clarify the scope of the 
existing provision in marginal 10 599 of the Annexes to the proposal where 
Member States may impose the same restrictions currently applied in national 
transport of dangerous goods, to vehicles effecting an international journey 
across its territory. Such restrictions should be limited to aspects of 
local traffic circulation. 
Paragraph 3 provides for Member States to impose more stringent measures, 
which might already exist for vehicles registered on their territory, 
provided that these do not relate to vehicle construction. 
Article 6, paragraph 1 has the aim of facilitating multimodal transport in 
recognising the requirements for the safe transport of dangerous goods in 
sea and air transport. These modal rules are based more closely on the 
global multimodal UN Recommendations than is the ADR at this stage in its 
harmonisât ion. 
Paragraph 2 permits a derogation from the requirement in the Annexes to this 
Directive for documentation pertaining to a transport journey to appear in a 
number of languages where transport is confined to the territory of a single 
Member State. 
smBiwuMiaL-
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Paragraphs 3 and 4 provide for an exemption for an unlimited period from the 
provisions of this Directive for vehicles, receptacles and tanks constructed 
in accordance with national regulations in force at the date of application 
of this Directive. Given the investment in such equipment, this should be 
allowed to continue, provided that it remains safe, to the end of its 
economic life. Paragraph 4 additionally allows Member States to continue to 
construct and use equipment which satisfies provisions in national law until 
harmonised standards for such equipment are developed and incorporated by 
reference in the Annexes to this proposal but no later than 31 December 
1998. Any equipment constructed after the date of application of this 
Directive but before 31 December 1998 may also continue to be used for an 
indefinite period under the conditions set out above. Work on standards is 
currently underway and will replace much of the detailed provisions in the 
ADR within the coming years. Until then, Member States are provided with 
the option of constructing and using equipment either according to the 
existing provisions of the ADR or according to national provisions. 
Paragraph 5 provides for a similar exemption for existing (long-life) re­
usable packagings. 
Paragraph 6 allows for the display, in national transport only, of emergency 
action codes (such as the 'Hazchem' code) on the orange plate where these 
are prescribed for vehicles transporting dangerous goods. This is as an 
addition, or alternative, to the 'hazard identification number' prescribed 
by the ADR in the Annexes to this proposal. Such codes provide the 
emergency services with immediate information on what action to take in the 
case of an accident involving the load and are well-established, as well as 
highly valued, in certain Member States. Adoption of a harmonised emergency 
action code is currently under discussion for incorporation in the ADR. 
Paragraph 7 provides for less stringent requirements which might, for 
instance, apply for consumer transport of gas cylinders for camping 
equipment, small quantities of explosives for the construction industry or 
limited amounts of fuel carried in passenger cars. 
Paragraph 8 covers the case of temporary derogations from the provisions 
laid down in the Annexes to this proposal, to be administered by the 
Competent Authority designated by the Member State, for example for newly 
developed packagings not yet incorporated into the ADR. 
Paragraph 9 permits Member States to derogate from the provisions of the 
Annexes to this Directive for one-off transports required in a timescale 
which would not allow sufficient time for revision of the Annexes. 
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Paragraph 10 places a 2 year limit on existing bilateral or multilateral 
agreements negociated under the terms of ADR as from the date of application 
of this proposal. This period allows sufficient time for existing 
derogations, deemed to be necessary, to be introduced and published as new 
provisions in the annexes to the ADR and to be adopted by way of Committee 
procedure provided for in Article 8 as amendments to the Annexes to this 
Di rect ive. 
Article 7 states that vehicles registered in third countries may perform 
international transport of dangerous goods on the territory of the Community 
in so far as they comply with the provisions of the ADR. 
Articles 8 and 9 establish the Committee procedure for further harmonisation 
of provisions governing the transport of dangerous goods by road. In 
particular, this is to align this Directive with amendments to the ADR, but 
also to harmonise with the UN Recommendations on the Transport of Dangerous 
Goods, to incorporate newly developed standards and to allow for additional 
measures which ensure a satisfactory level of safety. 
In the case of amendments to specific danger classes of the annexes, for 
example, radioactive material, the Committee provided for will take into 
account the opinion of the experts on this subject. 
Article 11 relates to existing Council Directive 89/684/EEC, the provisions 
of which are now covered in the annexes this proposal. Existing provisional 
certificates issued by a Member State under Article 4,4 of that Directive 
will be recognised under this proposal up to the same terminal dates. 
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Proposal for a Council Directive on the approximation 
of the laws of Member States with regard to the transport of dangerous 
goods by road 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European Community, and in 
particular Article 75 thereof, 
Having regard to the proposal from the Commission*1), 
In cooperation with the opinion of the European Par I iament*2^, 
Having regard to the opinion of the Economic and Social Committee*3), 
Whereas, over the years, both national and international transport of 
dangerous goods by road have significantly increased, adding to the risk of 
accidents; 
Whereas all Member States of the Community, except Ireland, are contracting 
parties to the European Agreement concerning the International Carriage of 
Dangerous Goods by Road (ADR) - the geographical scope of which extends 
beyond the Community alone - which sets down uniform rules for the safe 
international transport of dangerous goods by road; whereas it is 
consequently desirable that such rules should be extended in scope to 
national traffic in order to harmonise across the Community conditions under 
which dangerous goods are carried by road; 
Whereas there is no Community legislation embracing the full range of 
measures required to be met to ensure the safe transport of dangerous goods 
and the relevant national measures vary from one Member State to another; 
whereas these divergences create an obstacle to the free provision of 
transport services and, moreover, to the free movement of vehicles and 
transport equipments; whereas in order to overcome this obstacle, uniform 
conditions applicable for all intra-Community transport need to be put in 
place; 
(1) OJ No C 
(2) OJ No C 
(3) OJ No C 
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Whereas application of the principle of subsidiarity leads to the conclusion 
that an action of this nature is most appropriate at Community level in 
order to ensure coherence with other Community legislation, to ensure a 
sufficient degree of harmonisation to facilitate the free movement of goods 
and services and to ensure a high level of safety for national and 
international transport operations; 
Whereas no Community legislation is yet in place to cover the 
classification, packaging and labelling of dangerous substances for 
transport; whereas the Community has adopted Council Directive 
67/548/EEC*1) on the approximation of laws, regulations and administrative 
provisions relating to the classification, packaging and labelling of 
dangerous substances for placing on the market which does not contain 
specific provisions concerning transport; whereas the provisions of this 
Directive are without prejudice to the engagement of the Community to 
strive for a future harmonisation of classification systems for dangerous 
substances, which was undertaken by the Community and its Member States in 
accordance with the goals set under Agenda 21 Chapter 19 at the UNCED 
conference of June 1992 in Rio de Janeiro-, 
Whereas no specific Community legislation is yet in place to govern the 
conditions of safety under which biological agents and genetically modified 
organisms, regulated under Council Directives 90/219/EEC*2), 
90/220/EEC(3) and 90/679/EEC*4> should be transported; 
Whereas measures for the safety and health of workers at work have been set 
down in Council Directive 89/391/EEC*5); whereas further Community 
measures are being developed on the minimum safety and health requirements 
for transport activities and workplaces on means of transport; 
Whereas the provisions of this Directive are without prejudice to the 
application of other existing or future Community provisions in the field 
of worker safety, vehicle construction and environmental protection; 
(1) OJ No L 196, 16.8.67, p.1 
(2) OJ No L 117, 8.5.90, p. 1 
(3) OJ No L 117, 8.5.90, p.15 
(4) OJ No L 374, 31.12.90, p.1 
(5) OJ No L 183, 29.6.89, p.1 
••1mnÊÊÊÊiÊaimemKtmimmm 
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Whereas the provisions of the ADR Agreement authorise the conclusion of 
agreements derogating from the ADR and that the large number of these 
agreements negociated on a bilateral basis between Member States creates 
distortion in the free provision of transport services for dangerous goods; 
whereas the inclusion of necessary provisions in the Annexes to this 
Directive should overcome the need for such derogations; whereas it is 
necessary to provide for a transitional period during which existing 
agreements may still be applied by Member States; 
Whereas it is necessary to transpose into Community law internationally 
accepted ADR provisions, including construction requirements for vehicles 
transporting dangerous goods, since Council Directive 70/156/EEC*1), as 
last amended by Council Directive 92/53/EEC*2^, does not currently cover 
specific requirements for type approval of vehicles used for the transport 
of dangerous goods; 
Whereas requirements for type approval purposes will be harmonized in the 
context of Council Directive 70/156/EEC, referring to the requirements of 
this Directive, as appropriate; 
Whereas existing information procedures in the field of related national 
legislative proposals shall be used in order to increase the transparency 
for all economical operators; 
Whereas Member States should retain the right to implement rules reflecting 
the multimodal United Nations Recommendations on the Transport of Dangerous 
Goods in national transport in so far as the ADR is not yet harmonised with 
these rules which would facilitate the inter-modal transport of dangerous 
goods ; 
Whereas Member States should have the right to regulate or prohibit the 
transport of certain dangerous goods on their territory, but only for 
reasons other than transport safety; 
(1) OJ No L 42, 23.2.70, p.1 
(2) OJ No L 225, 10.8.92, p.1 
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Whereas for the purposes of this Directive Member States should be allowed 
to apply more stringent, or more lenient requirements on certain transport 
operations performed on their territory in vehicles registered on that 
territory; whereas in this context Member States may retain the right to 
impose for certain transports the use of other modes; 
Whereas, in particular, this harmonisation of conditions should take into 
account specific national circumstances and therefore this Directive should 
allow sufficient flexibility in providing Member States with the possibility 
of certain derogations-, whereas the application of new developments in 
technology and industry should not be hindered and that temporary 
derogations should be provided for this purpose; 
Whereas vehicles registered in third countries should be allowed to perform 
international transport on the territory of a Member State if they comply 
with the provisions of the ADR; 
Whereas it must be possible to adapt this Directive rapidly to technical 
progress, namely by adoption of new provisions laid down in the ADR, by 
incorporation of a reference to harmonised standards and by inclusion of 
other measures considered to enhance safety and, in order to facilitate 
implementation of the measures required for this purpose, to create a 
Committee and to establish a procedure for close cooperation between the 
Member States and the Commission within this Committee; 
Whereas the Annexes to this Directive contain provisions covering the 
vocational training of certain drivers of vehicles carrying dangerous goods 
by road and that therefore Council Directive 89/684/EEC*1) should be 
repealed; 
HAS ADOPTED THIS DIRECTIVE: 
(1) OJ No L 398, 30.12.89, p.33 
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CHAPTER I 
Scope, definitions and general provisions 
Article 1 
1. This Directive shall apply to the transport of dangerous goods by road 
effected in the Community. It shall not apply to the transport of 
dangerous goods effected by vehicles belonging to or under the control 
of the armed forces of a Member State nor to postal consignments. 
2. However, the provisions of this Directive shall not affect the right 
of Member States, with due regard to Community law, to lay down 
requirements for transport of dangerous goods effected by vehicles 
falling outside the scope of this Directive. 
3. The provisions contained in this Directive shall apply without 
prejudice to other Community legislation on worker safety, vehicle 
construction and environmental protection. 
Article 2 
For the purpose of this Directive: 
'ADR' shall mean the European Agreement concerning the International 
Carriage of Dangerous Goods by Road, concluded in Geneva on 
30 September 1957, as amended; 
'vehicle' shall mean any motor vehicle intended for use on the road, 
being complete or incomplete, having at least four wheels and a 
maximum design speed exceeding 25 km/h, and its trailers - with the 
exception of vehicles which run on rails and of agricultural and 
forestry tractors and all mobile machinery; 
'dangerous goods' shall mean those substances and articles the 
transport by road of which is prohibited by, or authorized only on 
certain conditions by Annexes A & B to this Directive; 
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'transport' shall mean any road transport operation performed wholly 
or partly on public roads on the territory of a Member State by 
vehicles defined above. It shall not mean transport wholly performed 
within undertakings. 
Article 3 
1. Dangerous goods prohibited from transport by Annexes A & B to this 
Directive, without prejudice to the provisions of Article 6, shall not 
be accepted for transport by road. 
2. Transport of other dangerous goods listed in Annexes A & B shall be 
authorised subject to compliance with the conditions laid down in 
Annexes A & B , in particular as regards: 
(a) the packaging and labelling of the goods in question, and 
(b) the construction, equipment and operation of the vehicle 
carrying the goods in question, subject to the provisions of 
Art icles 4, 5 & 6. 
3. Any references in Annexes A & B to this Directive to a "contracting 
party" shall, for the purposes of this Directive, mean a Member State. 
CHAPTER I I 
Derogations, restrictions and exemptions 
Article 4 
Each Member State may, for the purposes of national transport operations 
performed by vehicles registered on its territory only, retain provisions 
existing in national law on the transport of dangerous goods by road which 
are consistent with the UN Recommendations on the Transport of Dangerous 
Goods until such time as Annexes A & B to this Directive are revised to 
reflect those recommendations. In such a case each Member State shall 
inform the Commission thereof. 
- 19 -
Article 5 
1. Without prejudice to other Community legislation, each Member State 
may retain the right to regulate or prohibit, strictly for reasons 
other than safety during transport, the transport of certain dangerous 
goods on its territory. 
2. Any provisions imposed by a Member State concerning the operation of 
vehicles in international transport on its territory and authorised by 
marginal 10 599 of Annex B to this Directive shall be limited in scope 
to aspects of local traffic circulation, shall apply both to national 
and international transport and shall not entail any discrimination. 
3. Each Member State may continue to apply more stringent provisions 
concerning transport carried out by vehicles registered or brought 
into service on its territory, excluding construction requirements. 
Article 6 
1. Each Member State may accept for transport by road on its territory 
dangerous goods classified, packed and labelled in accordance with the 
international requirements for maritime or air transport whenever the 
transport operation involves a sea or air voyage. 
2. Any provisions given in the Annexes to this Directive concerning the 
use of languages in relevant marking or documentation shall not apply 
to transport operations confined to the territory of a single Member 
State. Member States may authorise the use of languages other than 
those provided for in the Annexes for transport operations performed 
on their territories. 
3. Each Member State may allow on its territory the use of vehicles 
constructed before the date of application of this Directive which do 
not conform to the provisions herein but were constructed according to 
the requirements in national legislation in force up to the date of 
application of this Directive, provided that these vehicles are 
satisfactorily maintained to the relevant safety levels. 
- 20 -
4. Each Member State may retain provisions existing in national 
legislation before the date of application of this Directive relating 
to the construction, use and conditions of carriage of new tanks and 
receptacles, which differ from the provisions laid down in Annexes A & 
B to this Directive, until such time as references to standards for 
the construction and use of tanks and receptacles are provided in 
Annexes A & B to this Directive as satisfying the provisions therein 
and no later than 31 December 1998. Receptacles and tanks constructed 
before 1 January 1999 and satisfactorily maintained to the relevant 
safety levels may continue to be used under the original conditions. 
5. Each Member State may allow the use of packagings constructed and not 
certified in accordance with the provisions of the ADR before the date 
of application of this Directive, provided that the packaging shows 
the date of manufacture and that it would be capable of passing the 
appropriate tests according to the requirements in national 
legislation in force up to the date of application of this Directive 
and provided that all such packagings are maintained to the relevant 
safety levels (including testing and inspection where required), 
according to the following scheme : metal intermediate bulk containers 
and stainless steel and aluminium drums for a maximum period of 15 
years from their date of manufacture; other metal and plastics 
packagings for a maximum period of 5 years from their date of 
manufacture but not after 31 December 1998. 
6. Each Member State may retain its provisions requiring only the display 
in the same manner of an emergency action code on tanks carried by 
vehicles registered on its territory, until such time as an 
internationally agreed emergency action code is developed. 
7. Each Member State may retain less stringent provisions than those set 
out in Annexes A & B to this Directive for national transport of small 
quantities of certain dangerous goods. It shall inform the Commission 
of the legal provisions concerned. 
- 21 -
8. Each Member State may grant approval for temporary derogations from 
Annexes A & B to this Directive for the purpose of carrying out the 
trials necessary with a view to amending Annexes A & B to this 
Directive in order to adapt them to technological and industrial 
developments, without discrimination on the grounds of nationality or 
place of establishment of the haulier, for a maximum period of 4 
years, provided that no loss of safety arises. Such approvals shall 
be non-renewable. The Commission shall be informed thereof. 
9. Each Member State may authorise one-off transports of dangerous goods 
which are either prohibited by Annexes A & B or effected under 
different conditions than those in Annexes A and B to this Directive. 
10. Without prejudice to the provisions of paragraph 2 above, each Member 
State may, until 31 December 1996, apply existing bilateral or 
multilateral agreements with other Member States as permitted by the 
ADR without discrimination on the grounds of nationality or place of 
establishment of the haulier. Any further derogations as authorised by 
marginals 2010 and 10 602 of Annexes A & B shall only be permitted on 
a unilateral basis under paragraph 8. 
Article 7 
Vehicles registered or put into service in third countries shall be admitted 
to perform international transport within the Community if they comply with 
the provisions of the ADR. 
- 22 -
CHAPTER III 
Final provisions 
Article 8 
Any amendments necessary to adapt the Annexes to scientific and technical 
progress in the fields covered by this Directive, notably to take account of 
future amendments to the annexes of the ADR, to incorporate a reference to 
standards and to ensure that acceptable levels of safety are assured shall 
be adopted in accordance with the procedure laid down in Article 9. 
Article 9 
1. The Commission shall be assisted by a Committee on the adaptation to 
technical progress of the Directive on the approximation of the laws 
of Member States with regard to the transport of dangerous goods, 
hereinafter referred to as 'Committee', which shall be composed of 
representatives of the Member States and chaired by a representative 
of the Commission. 
2. The representative of the Commission shall submit to the Committee a 
draft of the measures to be taken. The Committee shall deliver its 
opinion on the draft within a time limit which the chairman may lay 
down according to the urgency of the matter. The opinion shall be 
delivered by the majority laid down in Article 148(2) of the Treaty in 
the case of decisions which the Council is required to adopt on a 
proposal from the Commission. The votes of the representatives of the 
Member States within the Committee shall be weighted in the manner set 
out in that Article. The chairman shall not vote. 
3. The Commission shall adopt measures which shall apply immediately. 
However, if these measures are not in accordance with the opinion of 
the Committee, they shall be communicated by the Commission to the 
CounciI forthwi th. 
- 23 -
In that event, the Commission shall defer application of the measures 
which it has decided for a period to be laid down in each act adopted 
by the Council, but which may in no case exceed three months from the 
date of Communication. 
The Council, acting by a qualified majority, may take a different 
decisions within the time limit referred to in the previous paragraph 
Article 10 
1. The Member States shall implement the laws, regulations and 
administrative measures necessary to comply with this Directive before 
1 January 1995. They shall immediately inform the Commission thereof. 
When these measures are adopted by Member States, they shall contain a 
reference to this Directive or shall be accompanied by such a 
reference at the time of their official publication. The procedure of 
making such a reference shall be laid down by the Member States. 
2. The Member States shall communicate to the Commission the texts of the 
provisions of national law which they adopt in the field governed by 
this Di rect ive. 
Article 11 
Council Directive 89/684/EEC on vocational training for certain drivers of 
vehicles carrying dangerous goods by road is hereby repealed as from the 
date of application of this Council Directive. Provisional certificates 
issued by Member States in accordance with Article 4, 2 of that Directive 
for national transport only shall remain valid until 31 December 1996. 
Certificates issued in accordance with Article 4, 4 of that Directive may 
continue to be used until the end of their period of validity, but not later 
than 1 July 1997 for dangerous goods transported in tanks as well as for 
explosives and not later than 1 January 2000 for other dangerous goods. 
- 24 -
Article 12 
This Directive is addressed to the Member States 
Done at Brussels, 
- 25 
ANNEX A 
Marginals 2 000 - 3 999 of Annex A of the European Agreement on the 
International Carriage of Dangerous Goods by Road (ADR), as effective at 
1 January 1995. 
N.B. A translation in all Community languages will be made available as 
soon as a consolidated text is prepared and translations are ready 
- 26 
ANNEX B 
Marginals 10 000 - 260 000 of Annex B of the European Agreement on the 
International Carriage of Dangerous Goods by Road (ADR), as effective at 
1 January 1995. 
N.B. A translation in all Community languages will be made available as 
soon as a consolidated text is prepared and translations are ready 
ISSN 0254-1475 
COM (93) 548 final 
DOCUMENTS 
EN 14 07 06 
Catalogue number : CB-CO-93-585-EN-C 
ISBN 92-77-60710-6 
Office for Official Publications of the European Communities 
L-2985 Luxembourg