Commission Directive 2004/112/EC of 13 December 2004 adapting to technical progress Council Directive 95/50/EC on uniform procedures for checks on the transport of dangerous goods by roadText with EEA relevance
Date: 2004-12-13
Institutions: European Commission
Subjects: road transport, safety standard, technological change, transport document, transport of dangerous goods, transport safety

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COMMISSION DIRECTIVE 2004/112/EC

of 13 December 2004

adapting to technical progress Council Directive 95/50/EC on uniform procedures for checks on the
transport of dangerous goods by road

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

HAS ADOPTED THIS DIRECTIVE:

Having regard to the Treaty
Community,

establishing the European

Directive 95/50/EC is hereby amended as follows:

Article 1

Having regard to Council Directive 95/50/EC of 6 October
1995 on uniform procedures for checks on the transport of
dangerous goods by road (1) and in particular Article 9a thereof,

Whereas:

(1)

(2)

(3)

(4)

Council Directive 94/55/EC of 21 November 1994 on
the approximation of the laws of the Member States with
regard to the transport of dangerous goods by road (2)
the transportation of
laid down uniform rules
dangerous goods in the Community.

for

The Annexes to Directive 95/50/EC are related to the
Annexes to Directive 94/55/EC. Adaptation to scientific
to Directive
and technical progress of
94/55/EC may have an effect on the Annexes
to
Directive 95/50/EC.

the Annexes

In order to take into account Commission Directive
2003/28/EC of 7 April 2003 adapting for the fourth
time to technical progress Council Directive 94/55/EC
the Member
on the approximation of
States with regard to the transport of dangerous goods
by road, the Annexes to Directive 95/50/EC should be
amended.

the laws of

The measures provided for
in this Directive are in
accordance with the opinion of the Committee on the
transport of dangerous goods
set up by Directive
94/55/EC,

Annexes I, II and III are replaced by Annexes I, II and III to this
Directive.

Article 2

1. Member States shall bring into force the laws, regulations
and administrative provisions necessary to comply with this
Directive no later than one year after its publication. They
shall forthwith communicate to the Commission the text of
correlation table between those
those provisions
provisions and this Directive.

and a

When Member States adopt those provisions, they shall contain
a reference to this Directive or be accompanied by such a
reference on the occasion of their official publication. Member
States shall determine how such reference is to be made.

2. Member States shall communicate to the Commission the
text of the main provisions of national law which they adopt in
the field covered by this Directive.

Article 3

This Directive shall enter into force on the twentieth day
following its publication in the Official Journal of the European
Union.

Article 4

This Directive is addressed to the Member States.

Done at Brussels, 13 December 2004.

For the Commission

Jacques BARROT
Member of the Commission

(1) OJ L 249, 17.10.1995, p. 35. Directive as amended by Directive
2001/26/EC of the European Parliament and of the Council (OJ L
168, 23.6.2001, p. 23).

(2) OJ L 319, 12.12.1994, p. 7. Directive as

last amended by

Commission Directive 2003/28/EC (OJ L 90, 8.4.2003, p. 45).

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ANNEX I

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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), gives a guideline on what is to be regarded as 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 there are several infringements per transport unit, only the most serious risk category (as indicated under
item 39 in Annex I to this Directive) shall be applied for reporting purposes (Annex III to this Directive).

1. Risk Category I

injury or
Where failure to comply with relevant ADR provisions creates a high-level risk of death, serious personal
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. 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. 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 (e.g. 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 (e.g.

UN number, proper shipping name, packing group)

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17. 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. 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 can still be deemed opera-
if only the prescribed seal and/or the expiry date are missing; however, this does not apply if the fire

tional
extinguisher is visibly no longer operational, e.g. pressure gauge 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, 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 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.

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.

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ANNEX III

MODEL STANDARD FORM FOR THE REPORT TO BE SENT TO THE COMMISSION CONCERNING

INFRINGEMENTS AND PENALTIES