Proposal for a Directive of the European Parliament and of the Council on the inland transport of dangerous goods {SEC(2006) 1725} {SEC(2006) 1726}
Date: 2006-12-22
Institutions: European Commission
Subjects: ADN agreement, ADR agreement, inland waterway transport, intra-EU transport, rail transport, road transport, simplification of legislation, transport of dangerous goods, transport regulations, transport safety

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 22.12.2006 
COM(2006) 852 final 

2006/0278 (COD) 

Proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL  

on the inland transport of dangerous goods 

{SEC(2006) 1725} 
{SEC(2006) 1726} 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM110 

1) 

CONTEXT OF THE PROPOSAL 

Grounds for and objectives of the proposal 

The  international  transport  of  dangerous  goods  is  regulated  by  international  agreements.  In 
Europe,  there  are  two  instruments  of  this  kind  in  force  for  road  and  rail  transport.  For  the 
inland waterway mode, a corresponding agreement is currently at the ratification stage. In the 
EU,  the  regulations  for  road  and  rail  have  been  introduced  into  Community  law  via  two 
directives, extending the scope of the  rules to national transport and creating a single set of 
rules  for  all  transport  operations  within  the  single  market.  As  the  agreement  for  inland 
waterway  transport  is  expected  to  be  ratified  soon,  it  would  be  logical,  for  harmonisation 
reasons, to bring it also into Community law. In this context, there is an opportunity to update 
and harmonise the existing legislation.  

The legal basis for the EU to act in this area is Article 71(1)(c) of the Treaty.20 

General context 

The total amount of dangerous goods transport in the Union is about 110 billion tonne-kms / 
year, of which 58% is by road, 25% by rail and 17% by inland waterway. The trend for road 
and inland waterway transport has been increasing, but decreasing for rail transport. The share 
of dangerous goods transport in total freight transport is about 8%. 

In order to ensure safety and security for the transport of dangerous goods as well as free and 
multimodal  movement  of  international  transport  services,  the  United  Nations  (UN)  has 
created  and  updated  a  document  Recommendations  on  the  Transport  of  Dangerous  Goods 
Model Regulations.  

The international agreements regulating international transport of dangerous goods are based 
on the UN Recommendations, which have been implemented in the inland transport sector in 
Europe by means of three instruments: 

•  European  Agreement  concerning  the  international  carriage  of  dangerous  goods  by  road 

(ADR); 

•  Regulations concerning international carriage of dangerous goods by rail (RID);  

•  European  Agreement  concerning  the  international  carriage  of  dangerous  goods  by  inland 

waterways (ADN).  

Almost all EU countries are signatories of ADR and RID. 

ADN is not yet in force. It is in the process of ratification and is expected to be in force in 
2009 at the latest. Nine of the EU countries are signatories of ADN. Two other, ADN-based, 
systems (ADN-R, ADN-D) are currently applied in the areas of the Rhine and Danube, where 
countries  in  those  areas  are  signatories.  In  addition,  there  are  national  rules  for  national 
transport. 

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In 1997 the Commission made a proposal for a Directive of the European Parliament and of 
the  Council  on  the  approximation  of  the  laws  of  the  Member  States  with  regard  to  the 
transport of dangerous goods by vessels on inland waterways (amended in 1999). However, 
the  proposal  was  never  adopted,  because  ADN  was  not  duly  concluded.  The  proposal  was 
withdrawn  in  2004.  For  this  reason,  EU  legislation  covers  only  road  and  rail  modes  for  the 
land  transport  of  dangerous  goods.  For  those  modes,  the  legislation  ensures  a  high  level  of 
transport  safety,  free  provision  of  transport  services  and  free  movement  of  the  means  of 
transport within the territory of the EU. No European rules exist for the transport of dangerous 
goods by inland waterway.  
With  ADN  soon  to  enter  into  force,  the  development  of  two  different  regimes  should  be 
avoided: one for international and one for national transport. The rationale for incorporating 
international road and rail agreements into Community law, namely to extend these rules to 
national transport as well, is equally valid for inland waterways. 
In multimodal transport operations, it is undesirable to maintain separate sets of rules for each 
mode,  which  a  user  of  these  operations  will  have  to  respect.  Wherever  possible,  the  rules 
should be identical, as is the objective of the UN Recommendations.  

For historic reasons the existing EU legislation on the transport of dangerous goods is rather 
complicated.  Mode-specific  pieces  of  legislation  contain  unnecessary  inconsistencies. 
Moreover, some of the provisions are already, or will soon become, obsolete. Two directives 
can be considered superfluous, since their provisions have been incorporated into ADR, RID 
and ADN.  
Apart  from  the  foregoing  issues  of  substance,  a  technical  problem  has  been  encountered, 
which is linked to the current structure of the existing directives. Each time a revision of the 
international agreements takes place, at two-year intervals, the directives require the provision 
of full translations of the voluminous technical annexes, which has proved extremely difficult, 
if not impossible to achieve.  
If nothing is done, the problems outlined above will remain and be exacerbated: the current 
complex rules are likely to become more complex with changes in international agreements; 
obsolete  rules  will  remain  and  confuse  users;  the  risk  of  non-compliance  will  increase.  The 
EU  rules  may  well  become  less  rather  than  more  user-friendly.  With  increasing  use  of 
multimodal  concepts,  different  rules  for  different  transport  modes  will  cause  even  more 
practical daily problems for multimodal operations and increase costs unnecessarily. In inland 
waterway  transport,  different  rules  for  international  and  national  transport  will  hamper  the 
development of this mode, which would otherwise, on the basis of statistics, be the preferable 
mode in many cases. 130 

Existing provisions in the area of the proposal 

Community law contains four pieces of legislation in this area: 

(1) 

(2) 

(3) 

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; 

Council Directive 96/49/EC of 23 July 1996 on the approximation of the laws of the 
Member States with regard to the transport of dangerous goods by rail;  

Council  Directive  96/35/EC  of  3  June  1996  on  the  appointment  and  vocational 
qualification of safety advisers for the transport of dangerous goods by road, rail and 
inland waterway; 

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(4) 

Directive  2000/18/EC  of  the  European  Parliament  and  of  the  Council  of 
17 April 2000  on  minimum  examination  requirements  for  safety  advisers  for  the 
transport of dangerous goods by road, rail or inland waterway. 

Provisions  of  Directives  (3)  and  (4)  are  currently  included  in  annexes  to  Directives  (1)  and 
(2), thus rendering the former superfluous for road and rail modes. 
The  proposal  integrates  and  updates  Directives  (1)  and  (2)  without  essentially  changing 
current  provisions  for  road  and  rail  modes.  In  contrast,  the  proposal  extends  the  scope  of 
Community law to inland waterway transport, which is a significant change.140 

Consistency with the other policies and objectives of the Union 

The  proposal  is  linked  to  existing  EU  legislation  in  respect  of  transport  safety,  the  internal 
market and environment policies, and supports the objectives of the sustainable development 
and Lisbon strategies.  

2) 

CONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESSMENT 

Consultation of interested parties211 

Consultation methods, main sectors targeted and general profile of respondents 

As  a  result  of  the  existing  EU  legislation  on  dangerous  goods  transport,  there  is  already  a 
Regulatory  Committee  available  to  deal  with  this  subject.  The  Member  States  and  EFTA 
countries were consulted via the Committee in several meetings and also between meetings, 
using the Internet. 

Through  regular  correspondence  between  the  Committee  and  the  European  Parliament,  the 
latter was kept informed of the work of the Committee. 

Stakeholders,  which  are  industrial  associations  representing  companies  involved  in  the 
transport of dangerous goods, have the right to attend the Committee meetings as observers. 
In this way they made their views known during the preparation of the proposal. 

In addition, the Central Commission for Navigation on the Rhine was consulted, in view of its 
importance for transport operations on the Rhine, the share of dangerous goods transport on 
the Rhine being about 80% of that in Europe.2 

An open consultation was conducted over the Internet from 21/05/2006 to 31/07/2006. The 
Commission received 108 responses. The results are available on: 
http://ec.europa.eu/dgs/energy_transport/security/consultations/2006_07_31_en.htm. 

Summary of responses and how they have been taken into account 

Member  States'  and  stakeholders'  input  has  had  a  crucial  impact  on  the  content  of  the 
proposal.  Common  positions  were  sought  as  much  as  possible  throughout  the  consultation 
process. 

In the public  consultation  a  very  large majority of respondents were in favour  of the policy 
proposed by the Commission. 213 

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Collection and use of expertise 

There was no need for external expertise.230 

Impact assessment 

The impact assessment examined three policy options: 

(1) 

(2) 

(3) 

"No policy change, only codification"  
The  scope  and  content  of  the  existing  EU legislation  on  dangerous  goods  transport 
would  be  kept  in  its  present  format.  Transport  by  inland  waterway  would  not  be 
included  in  Community  law.  Only  the  codification  procedure  in  respect  of  the 
existing legislation, which has already tentatively started, would be completed. The 
codification is likely to make the application of rules, to a limited extent, more user-
friendly. However, although these changes would be welcomed by stakeholders, their 
impact in all areas is believed to be limited.  

"Codification and new legislation for inland waterways"  
Codification would be carried out as in option 1, and in addition a new piece of EU 
legislation would be created to cover dangerous goods transport by inland waterway. 
Different  regional  or  national  rules  currently  apply  to  inland  waterway  transport  in 
the  territory  of  the  Union.  The  new  act  would  be  based  on  the  forthcoming 
international  agreement  and  would  cover  both  international  and  national  transport, 
thus  harmonising  the  rules  within  the  Union.  This  would  have  a  positive  economic 
impact for transport operators, because the rules would be simpler, as well as having 
a  positive  social  impact  for  transport  workers  and  the  environment,  as  the  risk  of 
accidents  would  be  reduced.  Moreover,  enforcement  of  the  rules  would  be  simpler 
for the national authorities.  

"Revision of legislation, encompassing inland waterways"  
The  existing  EU  legislation  on  dangerous  goods  transport  would  be  revised  and 
simplified, the existing directives merged and the scope of the legislation extended to 
inland  waterways  transport.  Option  3  would  include  revision  and  simplification 
elements in addition to option 2. Firstly, outdated clauses would be eliminated. Their 
continuing existence would only render an inherently complex matter unnecessarily 
complicated, resulting in increased risks and costs. Secondly, the rules governing the 
three land modes — road, rail and inland waterway — would be harmonised as far as 
possible.  A  harmonised  set  of  rules  would  substantially  facilitate  multimodal 
transport.  These  two  elements  would  not  be  available  in  options  1  and  2.  Complex 
rules entail inherent risks for safety and the environment. It is therefore recognised 
that  harmonising  the  rules  would  have  a  positive  impact  in  all  areas:  economic 
because  it  reduces  costs;  social  because  the  rules  are  more  easily  applied  and 
therefore  provide  better  safety;  and  reduced  environmental  risks  for  the  same 
reasons. Enforcement by national authorities is made easier by fewer variations in the 
rules.  A  harmonised,  more  user-friendly  set  of  rules  should  also  significantly 
improve  compliance  by  stakeholders.  Clearly,  option  3  offers  the  most  positive 
economic, social, environmental and enforcement impacts.  

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3) 

LEGAL ELEMENTS OF THE PROPOSAL305 

Summary of the proposed action 

The  proposed  new  directive  updates  the  existing  four  directives  and  four  Commission 
decisions on the transport of dangerous goods, integrating them into one piece of legislation 
and extending the scope of EU rules to cover not only road and rail transport but also inland 
waterway  transport.  The  proposal  brings  the  existing  rules  for  international  transport  into 
Community law and also extends the application of international rules to national transport.310 

Legal basis 

Article 71(1)(c) of the Treaty.  

Subsidiarity principle 

The  subsidiarity  principle  applies  insofar  as  the  proposal  does  not  fall  under  the  exclusive 
competence of the Community. 

The objectives of the proposal cannot be sufficiently achieved by the Member States for the 
following reasons.321 

•  EU actions have already been taken and they are operational in the road and rail transport 

of dangerous goods. 

•  In  the  inland  waterway  transport  of  dangerous  goods,  two  systems  of  regional  rules  are 
currently in place, regulating transport in the Rhine and Danube areas (ADN-R, ADN-D), 
and  a  third  system  (ADN  of  the  UN)  is  expected  to  come  into  force  soon.  In  addition, 
various rules exist for national transport in the Rhine and Danube countries and also other 
countries.  Individual  Member  States'  actions  cannot  achieve  in  the  territory  of  the  Union 
the same extent of harmonisation and application of rules for inland waterway transport as 
is the case for road and rail transport. 

Community  action  will  better  achieve  the  objectives  of  the  proposal  for  the  following 
reason.324 

•  The  objective  of  creating  uniform  rules  in  the  territory  of  the  Union  for  all  dangerous 
goods  transport  operations,  whether  national  or  international  and  whatever  the  land 
transport mode, cannot be achieved without the Community's intervention. 

The  following  qualitative  indicators  demonstrate  that  the  objectives  of  the  proposal  can  be 
better achieved by the Union. 

•  Multimodal transport will increase;  

•  Transport  operations  will  become  simpler  for  transport  operators  and  their  costs  will 

decrease; 

•  Risk of accidents for transport workers, citizens and the environment will decrease; 

•  Transport legislation and enforcement will become simpler for national authorities; 

•  Community legislation in the area will be simplified. 

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Reinforcing and extending the application of ADR and RID by including them in Community 
law governing road and rail transport modes has demonstrated that the EU intervention was 
justified.  When  extending  the  scope  to  the  third  land  mode,  inland  waterway,  the  EU 
intervention is equally justified. 

The proposal therefore complies with the subsidiarity principle. 

Proportionality principle 

The proposal complies with the proportionality principle for the following reasons.331 

The question of proportionality in this context is relevant for inland waterway transport only, 
because EU instruments already exist for road and rail transport of dangerous goods. 

For  Member  States  which  already  apply  one  of  the  regional  ADNs  (ADN-R,  ADN-D)  or 
which  intend  to  do  so,  a  very  small  additional  effort  is  required  to  extend  the  scope  of  the 
rules to national transport, the more so because ADN already includes special provisions for 
vessels that carry goods for national transport only. Moreover, for Member States which have 
very  little  dangerous  goods  transport  or  no  transport  at  all  by  inland  waterway,  there  are 
special provisions contained in the proposed directive.  

The proposed instrument, a directive, is the most appropriate for two reasons.  

•  The existing EU instruments in the area, which are to be replaced, are directives; 

•  For the implementation of the temporary and national provisions set out in the annexes of 

the proposal'. 

Since the proposal harmonises and simplifies rules for the transport of dangerous goods in the 
Union,  the  financial  and  administrative  burden  will  decrease  rather  than  increase  for  all 
parties in the Member States. In inland waterway transport, where the ADN rules would be 
applied  to  national  transport  for  the  first  time,  there  could  theoretically  be  additional  costs 
when  adapting  vessels,  which  have  previously  only  operated  in  national  transport,  to  ADN 
rules, but in practice this is unlikely.  

Choice of instruments341 

Proposed instrument: a directive. 342 

Other means would not be adequate for the following reasons. 
First,  the  proposed  instrument  replaces  and  repeals  four  existing  instruments  that  are  all 
directives.  Secondly,  the  extension  of  the  scope  of  the  proposed  instrument  to  inland 
waterways  follows  similar  legislative  principles  as  the  existing  directives.  Although  the 
proposal contains mainly technical provisions, which are based on the UN Recommendations 
and cannot be changed, there are also exemptions and derogations, which can be implemented 
in  Member  States  in  different  ways.  Thirdly,  the  application  of  the  proposal  to  inland 
waterway transport depends on the circumstances of each Member State. Thus, the choice of a 
directive is the most appropriate choice of instrument. 

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4) 

BUDGETARY IMPLICATION401 

The  proposal  intends  to  move  the  necessary  translation  and  publication  of  the  technical 
annexes  of  the  directive  from  the  Community,  in  reality  from  the  Commission  level,  to  the 
Member States, when necessary. They are updated every two years. The Community should 
therefore  be  prepared  to  support  financially  the  national  translations.  However,  the 
Community  saving  in  terms  of  translation  and  publication  costs  will  outweigh  the  support 
given to Member States. 

5) 

ADDITIONAL INFORMATION510 

Simplification511 

The proposal provides for simplification of legislation and of administrative procedures both 
for public authorities (EU or national) and for private bodies.512 

The proposal means a substantial simplification of Community law in the field of dangerous 
goods  transport,  although  the  scope  of  the  legislation  would  be  extended.  All  three  land 
transport modes would be covered by only one piece of legislation. The new directive would 
repeal existing Directives 94/55/EC and 96/49/EC, as amended, on the transport of dangerous 
goods,  Directives  96/35/EC  and  2000/18/EC  on  dangerous  goods  safety  advisers,  and 
Commission Decisions 2005/263/EC and 2005/180/EC, as amended, on national derogations 
from Directives 94/55/EC and 96/49/EC. Finally, the international agreements on dangerous 
goods transport would only be referred to in the annexes to the directive, not included as at 
present. This would reduce the Community acquis by about 2000 pages. 

A  minor  issue  is  that  in  Council  Directive  82/714/EEC  laying  down  technical  requirements 
for  inland  waterway  vessels  (undergoing  amendment),  Article  6  currently  allows  any  craft 
carrying  a  certificate  issued  pursuant  to  the  Regulation  for  the  transport  of  dangerous 
substances  on  the  Rhine  (ADN-R)  to  carry  dangerous  goods  throughout  the  territory  of  the 
Community. Given that the directive proposed here foresees the phasing-out of the certificate 
delivered under the ADN-R, this Article should consequently be repealed. 513 

Simplified  Community  legislation  would  simplify  the  transposition  of  Community  law  into 
national  legislation.  The  enforcement  authorities'  work,  including  reporting,  would  be  made 
simpler and more effective by harmonising the rules governing transport of dangerous goods. 
514 
Administrative procedures for all participants in dangerous goods transport, from consignor to 
consignee, would be easier with simplified and harmonised rules. Documentation of transport 
operations and vehicles would also be simpler with harmonised rules, as would the training of 
persons involved and the work of dangerous goods safety advisers. 515 

The proposal is included in the Commission's rolling programme for updating and simplifying 
the  Community  acquis,  and  in  its  Work  and  Legislative  Programme  under  the  reference 
2005/TREN/017 .520 

Repeal of existing legislation 

Adoption of the proposal will lead to the repeal of existing legislation.550 

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Correlation table 

The  Member  States  are  required  to  communicate  to  the  Commission  the  text  of  national 
provisions  transposing  the  directive  as  well  as  a  correlation  table  between  those  provisions 
and this directive.560 

European Economic Area 

The  proposed  act  concerns  an  EEA  matter  and  should  therefore  extend  to  the  European 
Economic Area.570 

Detailed explanation of the proposal 

Article 1: Scope 

One  of  the  main  points  of  this  article  is  to  indicate  when  a  Member  State  can  be  exempted 
from the application of the directive with regard to inland waterway transport.  

Article 2: Definitions 

Relevant international agreements, dangerous goods and means of transport are defined. 

Article 3: General provisions 

General provisions for dangerous goods transport are set out.  

Article 4: Third countries 

Transport from and to non-EU countries which apply international agreements on dangerous 
goods transport is allowed.  

Article 5: Restrictions for reasons other than safety during transport 

A  Member  State  may,  within  its  territory,  apply  additional  provisions  for  dangerous  goods 
transport, for reasons other than safety. 

Article 6: Restrictions for transport safety reasons 

A Member State may apply additional provisions for national transport performed by national 
vehicles.  In  the  event  of  an  accident  or  incident,  a  Member  State  may  take  emergency 
measures, where necessary.  

Article 7: Derogations 

Since international agreements and the annexes to the directive do not take into account all the 
particularities  of  national  transport,  Member  States  may,  under  certain  conditions,  grant 
derogations from the directive for national transport. In some cases, the derogations have to 
be adopted by the Commission in accordance with the comitology procedure. Derogations are 
subject to review at regular intervals and are listed in the annexes to the directive. 

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Article 8: Transitory provisions 

A  Member  State  may  maintain  certain  temporary  national  provisions  that  are  listed  in  the 
annexes to the directive.  

Article 9: Adaptations 

The amendments necessary to adapt the annexes to scientific and technical progress shall be 
adopted in accordance with the comitology procedure. 

Article 10: Committee 

Provision  is  made  for  a  Regulatory  Committee  on  the  transport  of  dangerous  goods,  which 
will assist the Commission in the comitology procedures. 

Article 11: Transposition 

The target date for the application of the directive is 1 January 2009. On the same date, the 
biennial updates of the relevant international agreements will enter into force. 

Articles 12 and 13: Amendment and Repeals 

The new directive will repeal existing Directives 94/55/EC and 96/49/EC, as amended, on the 
transport  of  dangerous  goods,  Directives  96/35/EC  and  2000/18/EC  on  dangerous  goods 
safety  advisers,  Decisions  2005/263/EC  and  2005/180/EC,  as  amended,  on  derogations,  and 
Article 6 of Council Directive 82/714/EEC, as amended, on technical requirements for inland 
waterway vessels. 

Articles 14 and 15: Entry into force and Addressees 

Entry  into  force  is  on  the  twentieth  day  following  the  publication  of  the  directive.  The 
directive is addressed to the Member States. 

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2006/0278 (COD) 

Proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL  

on the inland transport of dangerous goods 

(Text with EEA relevance) 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular 
Article 71 thereof, 

Having regard to the proposal from the Commission1, 

Having regard to the opinion of the European Economic and Social Committee2, 

Having regard to the opinion of the Committee of the Regions3, 

Acting in accordance with the procedure laid down in Article 251 of the Treaty, 

Whereas: 

(1) 

(2) 

The  transport  of  dangerous  goods  by  road,  rail  or  inland  waterway  presents  a 
considerable  risk  of  accidents.  Measures  must  therefore  be  taken  to  ensure  that  such 
transport is carried out under the best possible conditions of safety. 

Uniform rules concerning the transport of dangerous goods by road and by rail were 
established  by  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  road4  and  Council  Directive  96/49/EC  of  23  July  1996  on  the 
approximation  of  the  laws  of  the  Member  States  with  regard  to  the  transport  of 
dangerous goods by rail5 respectively. 

(3) 

In  order  to  set  up  a  common  regime  covering  all  aspects  of  the  inland  transport  of 
dangerous goods, Directives 94/55/EC and 96/49/EC should be replaced with a single 
Directive which also lays down provisions in relation to inland waterways. 

1 
2 
3 
4 

5 

OJ C , , p. . 
OJ C , , p. . 
OJ C , , p. . 
OJ  L  319,  12.12.1994,  p.  7. Directive  as  last  amended by  Commission  Directive  2004/111/EC  (OJ  L 
365, 10.12.2004, p.25). 
OJ  L  235,  17.9.1996, p.  25. Directive  as  last  amended by  Commission  Directive  2004/110/EC  (OJ  L 
365, 10.12.2004, p. 24). 

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(4) 

(5) 

(6) 

(7) 

The  majority  of  Member  States  are  contracting  parties  to  the  European  Agreement 
concerning  the  International  Carriage  of  Dangerous  Goods  by  Road  (“ADR”),  the 
Regulations  concerning  the  International  Carriage  of  Dangerous  Goods  by  Rail 
(“RID”)  and,  insofar  as  is  relevant,  the  European  Agreement  concerning  the 
International Carriage of Dangerous Goods by Inland Waterways (“ADN”). 

ADR,  RID  and  ADN  lay  down  uniform  rules  for  the  safe  international  transport  of 
dangerous goods. Such rules should also be extended to national transport in order to 
harmonize  across  the  Community  the  conditions  under  which  dangerous  goods  are 
transported and to ensure the functioning of the common transport market. 

The provisions of this Directive should not apply to the transport of dangerous goods 
in  certain  exceptional  circumstances  linked  to  the  nature  of  the  vehicles  or  vessels 
involved, or to the limited nature of the transport undertaken.  

Each  Member  State  should  retain  the  right  to  exempt  from  the  application  of  this 
Directive the transport of dangerous goods by inland waterway if the inland waterways 
in its territory are not linked, by inland waterway, to the waterways of other Member 
States, or if no dangerous goods are transported on them . 

(8)  Means  of  transport  registered  in  third  countries  should  be  allowed  to  perform  the 
international transport of dangerous goods within the territories of the Member States 
subject to compliance with the relevant provisions of the ADR, RID or ADN.  

(9) 

Each  Member  State  should  maintain  the  right  to  regulate  or  prohibit,  strictly  for 
reasons other than safety, the national transport of dangerous goods.  

(10)  Each Member State should be able to apply more stringent rules to national transport 

operations performed by vehicles registered or put into circulation within its territory. 

(11)  The  harmonisation  of  the  conditions  applying  to  the  national  transport  of  dangerous 
goods  should  not  prevent  specific  national  circumstances  from  being  taken  into 
account. This Directive should therefore provide Member States with the possibility of 
granting  certain  derogations  under  certain  identified  conditions.  Such  derogations 
should be listed in this Directive as “additional national provisions”. 

(12) 

In  view  of  the  level  of  investment  required  in  this  sector,  Member  States  should  be 
permitted to retain on a temporary basis certain specific national provisions concerning 
the  construction  requirements  of  the  means  of  transport  or  equipment,  transport 
through  the  Channel  Tunnel  and  transport  between  Member  States  and  States  which 
are parties to the Organisation for Cooperation of Railways (OSJD). Such provisions 
should be listed in this Directive as “additional transitory provisions”. 

(13) 

It  is  necessary  to  be  able  rapidly  to  adapt  the  Annexes  to  this  Directive  to  scientific 
and technical progress including the development of new technologies for tracking and 
tracing,  in  particular  to  take  account  of  new  provisions  incorporated  into  the  ADR, 
RID and ADN.  

(14)  The  Commission  should  also  be  able  to  revise  the  lists  of  additional  national 
provisions  and  to  decide  upon  the  application  and  implementation  of  emergency 
measures in the event of accidents or incidents.  

EN 

12 

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(15)  The measures necessary for the implementation of this Directive should be adopted in 
accordance  with  Council  Decision  1999/468/EC  of  28  June  1999  laying  down  the 
procedures for the exercise of implementing powers conferred on the Commission6. 

(16) 

In particular, the Commission should be empowered to adapt the Annexes to scientific 
and technical progress. Since these are measures of general scope designed to amend 
or delete non-essential elements of this Directive, or to supplement this Directive by 
the addition of new non-essential elements, they should be adopted in accordance with 
the  regulatory  procedure  with  scrutiny  provided  for  in  Article  5a  of  Decision 
1999/468/EEC. 

(17)  On the grounds of efficiency, the time-limits which normally apply in the context of 
the  regulatory  procedure  with  scrutiny  should  be  curtailed  for  the  adoption  of 
adaptations to the Annexes to scientific and technical progress. 

(18)  Since  the  objectives  of  this  Directive,  namely  to  ensure  the  uniform  application  of 
harmonized  safety  rules  throughout  the  Community  and  a  high  level  of  safety  for 
national and international transport operations, cannot be sufficiently achieved by the 
Member  States  acting  alone  and  can  therefore,  by  reason  of  the  scale  and  effects  of 
this  Directive  be  better  achieved  at  Community  level,  the  Community  may  adopt 
measures, in accordance with the principle of subsidiarity as set out in Article 5 of the 
Treaty. In accordance with the principle of proportionality, as set out in that Article, 
this  Directive  does  not  go  beyond  what  is  necessary  in  order  to  achieve  those 
objectives. 

(19)  The provisions of this Directive are without prejudice to the commitment entered into 
by the Community and its Member States, in accordance with the goals set out under 
Agenda 21, Chapter 19, at the UNCED Conference in June 1992 in Rio de Janeiro, to 
strive for the harmonisation of systems for the classification of dangerous substances. 

(20)  The  provisions  of  this  Directive  are  without  prejudice  to  the  Community  legislation 
governing  the  safety  conditions  under  which  biological  agents  and  genetically 
modified  organisms,  regulated  under  Council  Directive  90/219/EEC7,  Directive 
2001/18/EC of the European Parliament and of the Council8 and Directive 2000/54/EC 
of the European Parliament and Council9, should be transported. 

6 

7 

8 

9 

OJ L 184, 17.7.1999, p. 23. Decision as last amended by Decision 2006/512/EC (OJ L 200, 22.7.2006, 
p. 11). 
OJ L 117, 8.05.1990, p. 1. Directive as last amended by Commission Decision 2005/174/EC (OJ No L 
59, 5.3.2005, p. 20). 
OJ L 106,17.4.2001. p. 1. Directive as last amended by Regulation from the European Parliament and 
from the Council (EC) No 1830/2003 (OJ L 268, 18.10.2003, p. 24). 
OJ L 262, 17.10.2000, p. 21. 

EN 

13 

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(21)  The  provisions  of  this  Directive  are  without  prejudice  to  the  application  of  other 
Community  provisions  in  the  fields  of  occupational  safety  and  health  and 
environmental protection. In particular the framework directive on occupational safety 
and  health,  Directive  89/391/EEC10,  and  its  daughter  directives  including  Directive 
98/24/EC11  on  chemical  agents  and  Directive  2004/37/EC12  on  carcinogens  and 
mutagens. 

(22)  Article 6 of Council Directive 82/714/EEC of 4 October 1982 laying down technical 
requirements for inland waterway vessels13 provides that vessels carrying a certificate 
issued  pursuant  to  the  Regulation  for  the  transport  of  dangerous  substances  on  the 
Rhine (ADNR) may carry dangerous goods throughout the territory of the Community 
under the conditions stated in that certificate. As a consequence of the adoption of this 
Directive, Directive 82/714/EEC should be amended in order to delete that provision. 

(23)  Directives  94/55/EC  and  96/49/EC  should  therefore  be  repealed.  In  the  interests  of 
clarity  and  rationality,  it  is  also  necessary  to  repeal  Council  Directive  96/35/EC  of 
3 June 1996 on the appointment and vocational qualification of safety advisers for the 
transport  of  dangerous  goods  by  road,  rail  and  inland  waterway14,  Directive 
2000/18/EC  of  the  European  Parliament  and  of  the  Council  of  17  April  2000  on 
minimum examination requirements for safety advisers for the transport of dangerous 
goods  by  road,  rail  or  inland  waterway15,  Commission  Decision  2005/263/EC  of 
4 March  2005  authorising  Member  States  to  adopt  certain  derogations  pursuant  to 
Directive  94/55/EC  with  regard  to  the  transport  of  dangerous  goods  by  road16,  and 
Commission  Decision  2005/180/EC  of  4  March  2005  authorising  Member  States  to 
adopt  certain  derogations  pursuant  to  Council Directive  96/49/EC  with  regard  to  the 
transport of dangerous goods by rail17. 

HAVE ADOPTED THIS DIRECTIVE: 

Article 1 

Scope 

This Directive shall apply to the transport of dangerous goods by road, by rail or by 
inland  waterway  within  or  between  Member  States,  including  the  activities  of 
loading  and  unloading,  transfer  to  or  from  another  mode  of  transport  and  the  stops 
necessitated by the circumstances of the transport. 

OJ L 183, 29.06.1989, p.1 
OJ L 131, 05.05.1998, p11. 
OJ L 158, 30.04.2004, p.50 
OJ L 301, 28.10.1982, p. 1. Directive as last amended by Directive [../../EC] of the European Parliament 
and of the Council (…). 
OJ L 145, 19.6.1996, p.10. 
OJ L 118, 19.5.2000, p.41. 
OJ L 85, 2.4.2005, p.58. Decision as amended by Decision 2005/903/EC (OJ L 328, 15.12.2005, p.62). 
OJ L 61, 8.3.2005, p.41. Decision as amended by Decision 2005/777/EC (OJ L 293, 9.11.2005, p.23). 

1. 

10 
11 
12 
13 

14 
15 
16 
17 

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14 

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It shall not apply to the transport of dangerous goods: 

–  (a) by vehicles, wagons and vessels belonging to or under the responsibility of the 

armed forces; 

–  (b) by seagoing vessels on maritime waterways forming part of inland waterways; 

–  (c) by ferries only crossing an inland waterway or harbour; or 

–  (d) wholly performed within the perimeter of an enclosed area. 

2. 

Within  one  year  after  the  entry  into  force  of  this  Directive,  Member  States  may 
decide not to apply the provisions of Annex III.1 for one of the following reasons: 

–  (a) they have no inland waterways;  

–  (b) their inland waterways are not linked, by inland waterway, to the waterways of 

other Member States; or 

–  (c) no dangerous goods are transported on their inland waterways. 

If a Member State decides not to apply the provisions of Annex III.1, it shall notify 
that decision to the Commission, which shall inform the other Member States. 

3. 

This Directive shall not affect the Member State's right to lay down specific safety 
requirements  for  the  national  or  international  transport  of  dangerous  goods  within 
their territories, in so far as they are not covered by this Directive.  

Article 2 

Definitions 

For the purposes of this Directive: 

(1)‘ADR`  means  the  European  Agreement  concerning  the  International  Carriage  of 
Dangerous Goods by Road, concluded at Geneva on 30 September 1957, as amended; 

(2)‘RID`  means  the  Regulations  concerning  the  International  Carriage  of  Dangerous  Goods 
by Rail, appearing as Appendix C to the Convention concerning international carriage by rail 
(COTIF) concluded at Vilnius on 3 June 1999, as amended;  

(3)‘ADN`  means  the  European  Agreement  concerning  the  International  Carriage  of 
Dangerous Goods by Inland Waterways, concluded at Geneva on 26 May 2000, as amended; 

(4)‘vehicle` means any motor vehicle intended for use on the road, 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, agricultural and forestry tractors having a maximum design speed 
not exceeding 40 km/h and mobile machinery; 

(5)‘wagon’ means any rail vehicle without its own means of propulsion that runs on its own 
wheels on railway tracks and is used for the carriage of goods; 

(6)‘vessel’ means any inland waterway or seagoing vessel; 

EN 

15 

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Article 3 

General provisions 

1. 

2. 

Without  prejudice  to  Article  7,  dangerous  goods  shall  not  be  transported  insofar  as 
this is prohibited by Annexes I.1, II.1 and III.1. .  

Without  prejudice  to  the  general  rules  on  market  access  or  the  rules  generally 
applicable  to  the  transport  of  goods,  the  transport  of  dangerous  goods  shall  be 
authorised, subject to compliance with the conditions laid down in Annexes I.1, II.1 
and III.1.  

Article 4 

Third countries 

The transport of dangerous goods between Community territory and third countries shall be 
authorised insofar as it complies with the requirements of ADR, RID or ADN.  

Article 5 

Restrictions for reasons other than safety during transport 

Member States shall maintain the right to regulate or prohibit, strictly for reasons other than 
safety during transport, the transport of dangerous goods within their territory. 

Article 6 

Restrictions for transport safety reasons 

1. 

2. 

Member  States  may  apply  for  reasons  of  transport  safety  more  stringent  provisions 
concerning  the  national  transport  of  dangerous  goods,  with  the  exception  of 
construction  requirements,  performed  by  vehicles  registered  or  put  into  circulation 
within their territory. 

If,  in  the  event  of  an  accident  or  incident  within  its  territory,  a  Member  State 
considers that the safety provisions applicable have been found to be insufficient to 
limit the hazards involved in the transport operation and if there is an urgent need to 
take action, that Member State shall, at the planning stage, notify the Commission of 
the measures which it proposes to take.  

Acting in accordance with the procedure referred to in Article 10(2), the Commission 
shall decide whether to authorise the implementation of the measures in question and 
the duration of that authorisation. 

EN 

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Article 7 

Derogations 

1. 

2. 

Member States may authorise the use of languages other than those provided for in 
the Annexes for transport operations performed solely within their territory.  

(a)  Provided  that  safety  is  not  compromised,  Member  States  may  request 
derogations  from  Annexes  I.1,  II.1  or  III.1  for  the  transport  of  dangerous  goods 
within their territory for the transport of small quantities of certain dangerous goods, 
with  the  exception  of  substances  having  a  medium  or  high  level  of  radioactivity, 
provided  that  the  conditions  for  such  transport  are  no  more  stringent  than  the 
conditions set out in those Annexes. 

(b)  Provided  that  safety  is  not  compromised,  Member  States  may  also  request 
derogations  from  Annexes  I.1,  II.1  or  III.1  for  the  transport  of  dangerous  goods 
within their territory for: 

b1) 

local transport over short distances, or 

b2) 

local transport by rail on particular designated routes, forming part of a 
defined  industrial  process  and  being  tightly  controlled  under  clearly 
specified conditions. 

The Commission shall examine in each case whether the conditions laid down in the 
first and second subparagraphs of this paragraph have been met and shall decide, in 
accordance with the procedure referred to in Article 10(2), whether to authorise the 
derogation and to add it to the list of additional national provisions in Annexes I.3, 
II.3 or III.3. 

3. 

Derogations shall be valid for a period of 5 years from the date of authorisation. 

Derogations shall be applied without discrimination.  

4. 

If  a  Member  State  requests  the  extension  of  an  authorisation  of  a  derogation,  the 
Commission shall review the derogation in question. 

If  no  amendment  to  Annexes  I.1,  II.1  or  III.1  affecting  the  subject  matter  of  the 
derogation  has  been  adopted,  the  Commission  shall  renew  the  authorisation  for  a 
further period of 5 years. 

If  an  amendment  to  Annexes  I.1,  II.1  or  III.1  affecting  the  subject  matter  of  the 
derogation  has  been  adopted,  the  Commission,  acting  in  accordance  with  the 
procedure referred to in Article 10(2), may:  

(a) 

declare the derogation obsolete and remove it from the relevant Annex; 

(b) 

reduce  the  scope  of  the  authorisation  and  amend  the  relevant  Annex 
accordingly; 

(c) 

renew the authorisation for a further period of 5 years.  

EN 

17 

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5. 

Within its territory each Member State may issue individual authorisations to carry 
out transport operations of dangerous goods which are prohibited by this Directive or 
to carry out such operations under conditions different from those laid down in this 
Directive, on condition that these transport operations are clearly defined and limited 
in time. 

Article 8 

Transitory provisions 

Within their territory, Member States may maintain the provisions listed in Annexes I.2., II.2. 
and III.2.  

Member  States  which  maintain  such  provisions  shall  inform  the  Commission  thereof.  The 
Commission shall inform the other Member States. 

Article 9 

Adaptations 

The  amendments  necessary  to  adapt  the  Annexes  to  scientific  and  technical  progress, 
including  the  use  of  technologies  for  tracking  and  tracing,  in  the  fields  covered  by  this 
Directive, in particular to take account of amendments to the ADR, RID and ADN, shall be 
adopted  in  accordance  with  the  regulatory  procedure  with  scrutiny  referred  to  in 
Article 10 (3). 

Article 10 

Committee 

1. 

2. 

3. 

The  Commission  shall  be  assisted  by  a  Committee  on  the  transport  of  dangerous 
goods. 

Where  reference  is  made  to  this  paragraph,  Articles  5  and  7  of  Decision 
1999/468/EC shall apply having regard to the provisions of Article 8 thereof. 

The period referred to in Article 5(6) of Decision 1999/468/EC shall be set at three 
months. 

Where  reference  is  made  to  this  paragraph,  Article  5a(1)  to  (4)  and  Article  7  of 
Decision  1999/468/EC  shall  apply  having  regard  to  the  provisions  of  Article  8 
thereof. 

The  time-limits  provided  for  in  Article  5a(3)(c),  (4)(b)  and  (4)(e)  of  Decision 
1999/468/EC shall be set at one month, one month and two months respectively. 

EN 

18 

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Article 11 

Transposition 

1. 

Member  States  shall  bring  into  force  the  laws,  regulations  and  administrative 
provisions  necessary  to  comply  with  this  Directive  by  31  December  2008  at  the 
latest.  They  shall  forthwith  communicate  to  the  Commission  the  text  of  those 
provisions and a correlation table between those provisions and this Directive.  

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 12 

Amendment 

Article 6 of Directive 82/714/EEC is deleted. 

Article 13 

Repeals 

1. 

Directives 94/55/EC, 96/49/EC, 96/35/EC, and 2000/18/EC are repealed.  

Certificates  issued  under  provisions  of  the  repealed  Directives  shall  remain  valid 
until their expiry date 

Decisions 2005/263/EC and 2005/180/EC are repealed. 

2. 

. 

Article 14 

Entry into force 

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

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19 

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Article 15 

Addressees 

This Directive is addressed to the Member States. 

Done at Brussels,  

For the European Parliament 
The President 

For the Council 
The President 

EN 

20 

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ANNEXES 

I 

Transport by road 

I.1. 

ADR 

Annexes  A  and  B  to  the  European  Agreement  on  the  International  Carriage  of  Dangerous 
Goods by road (ADR), as applicable with effect from 1 January 2009, it being understood that 
"contracting party" is replaced by "Member State” as appropriate. 

I.2. 

Additional transitory provisions 

1. 

2. 

3. 

4. 

5. 

Member  States  may  maintain  derogations  adopted  on  the  basis  of  Article  4  of 
Directive 94/55/EC until 31 December 2010 or until Annex I.1 is amended to reflect 
the UN Recommendations on the Transport of Dangerous Goods referred to in that 
article if this is earlier.  

Within its territory each Member State may authorise the use of tanks and vehicles 
constructed before 1 January 1997 which do not comply with this Directive but were 
constructed  in  accordance  with  the  national  requirements  in  force  on  31  December 
1996,  provided  that  such  tanks  and  vehicles  are  maintained  to  the  required  safety 
levels. 

Tanks and vehicles constructed on or after 1 January 1997 which do not comply with 
this Directive but were constructed in accordance with the requirements of Directive 
94/55/EC  in  force  on  the  date  of  their  construction  may  continue  to  be  used  for 
national transport.  

Within  its  territory  each  Member  State  may  authorise  the  use  of  pressure  drums, 
bundles of cylinders and tanks constructed before 1 July 2007 and other receptacles 
constructed  before  1  July  2003  which  do  not  comply  with  this  Directive  but  were 
constructed  in  accordance  with  the  requirements  applicable  on  the  date  of  their 
construction but not later than 1 July 2005 for pressure drums, bundles of cylinders 
and  tanks,  and  not  later  than  1  July  2001  for  other  receptacles,  provided  that  such 
equipment is maintained to the required safety levels. 

Within its territory each Member State in which the ambient temperature is regularly 
lower  than  -  20  °C  may  impose  more  stringent  standards  as  regards  the  operating 
temperature  of  materials  used  for  plastic  packaging,  tanks  and  their  equipment 
intended for use in the national transport of dangerous goods by road until provisions 
on the appropriate reference temperatures for given climatic zones are incorporated 
into Annex I.1 to this Directive. 

Within its territory each Member State may maintain national provisions other than 
those  laid  down  in  this  Directive  with  regard  to  the  reference  temperature  for  the 
transport of liquefied gases or mixtures of liquefied gases, until provisions relating to 
appropriate reference temperatures for designated climatic areas are incorporated into 
European standards and referred to in Annex I.1 to this Directive. 

EN 

21 

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6. 

Within  its  territory  each  Member  State  may  maintain  the  provisions  of  its  national 
legislation in force on 31 December 1996 relating to the display or placement of an 
emergency  action  code  or  hazard  card  in  place  of  the  hazard  identification  number 
laid down in Annex I.1 to this Directive. 

I.3. 

Additional national provisions 

Derogations for Member States for the transport of dangerous goods within their territory on 
the basis of Article 7(2).  

Numbering of derogations: RO-a/b1/b2-MS-nn 
RO= Road 
a/b1/b2= Article 7 (2) a/b1/b2 
MS= Abbreviation of Member State 
Nn= order number 

Based on Article 7(2) point a  

BE Belgium 

RO–a–BE–1 

Subject: Class 1 – Small quantities. 

Reference to Annex I.1. to this Directive: 1.1.3.6 

Content  of  the  Annex  to  the  Directive:  subsection  1.1.3.6  limits  to  20  kg  the  quantity  of 
mining explosives which can be transported in an ordinary vehicle. 

Content  of  the  national  legislation:  Operators  of  depots  remote  from  supply  points  may  be 
authorised  to  transport  25  kg  of  dynamite  or  powerful  explosives  and  300  detonators  at  the 
most in ordinary motor vehicles, subject to conditions to be set by the explosives service. 

Initial  reference 
23 September 1958 on explosives, as amended by Royal Decree of 14 May 2000. 

legislation:  Article  111  of  Royal  Decree  of 

the  national 

to 

RO–a–BE– 2 

Subject:  Transport  of  uncleaned  empty  containers  having  contained  products  of  different 
classes. 

Reference to Annex I.1. to this Directive: 5.4.1.1.6 

Content  of  the  national  legislation:  Indication  on  the  transport  document  "uncleaned  empty 
packages having contained products of different classes". 

Initial reference to the national legislation: Derogation 6-97. 

Comments: Derogation registered by the European Commission as No 21 (under Art. 6.10). 

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22 

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RO–a–BE–3 

Subject: Adoption of RO–a–UK–4. 

Initial reference to the national legislation: 

DE Germany 

RO–a–DE–1 

Subject: Mixed packing and mixed loading of car parts with classification 1.4G together with 
certain dangerous goods (n4). 

Reference to Annex I.1. to this Directive: 4.1.10 and 7.5.2.1  

Content of the Annex to the Directive: Provisions on mixed packing and mixed loading. 

Content  of  the  national  legislation:  UN  0431  and  UN  0503  may  be  loaded  together  with 
certain dangerous goods (products related to car manufacturing) in certain amounts, listed in 
the exemption. The value 1000 (comparable with 1.1.3.6.4) shall not be exceeded. 

Initial  reference  to  the  national  legislation:  Gefahrgut-Ausnahmeverordnung  -  GGAV  2002 
vom 6.11.2002 (BGBl. I S. 4350), geändert durch Artikel 2 der Verordnung vom 28.4.2003 
(BGBl. I S. 595); Ausnahme 28. 

Comments: The exemption is needed to provide fast delivery of safety car parts depending on 
the local demand. Due to the wide variety of the product range storage of these products by 
local garages is not common. 

RO–a–DE–2 

Subject:  Exemption  from  requirement  to  carry  a  transport  document  and  a  shippers 
declaration for certain quantities of dangerous goods as defined in 1.1.3.6 (n1). 

Reference to Annex I.1. to this Directive: 5.4.1.1.1 and 5.4.1.1.6 

Content of the Annex to the Directive: contents of the transport document. 

Content of the national legislation: For all classes except Class 7: no transport document is 
needed,  if  the  quantity  of  the  goods  transported  does  not  exceed  the  quantities  given  in 
1.1.3.6. 

Initial  reference  to  the  national  legislation:  Gefahrgut-Ausnahmeverordnung  -  GGAV  2002 
vom 6.11.2002 (BGBl. I S. 4350), geändert durch Artikel 2 der Verordnung vom 28.4.2003 
(BGBl. I S. 595); Ausnahme 18. 

Comments: The information provided by the marking and labelling of packages is considered 
sufficient for national transport, as a transport document is not always appropriate where local 
distribution is involved. 
Derogation registered by the European Commission as No 22 (under Art 6.10). 

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RO–a–DE–3 

Subject: Transportation of measurement standards and fuel pumps (empty, non-cleaned). 

Reference to Annex I.1. to this Directive: Provisions for UN numbers 1202, 1203 und 1223 

Content of the Annex to the Directive: Packaging, marking, documents, transport and handling 
instructions, instructions for vehicle crews. 

Content  of  the  national  legislation:  Specification  of  applicable  regulations  and  ancillary 
provisions  for  applying  the  derogation;  up  to  1000 l:  comparable  with  empty,  non-cleaned 
packagings;  above  1000 l:  Compliance  with  certain  regulations  for  tanks;  transportation 
empty and non-cleaned only. 

Initial  reference  to  the  national  legislation:  Gefahrgut-Ausnahmeverordnung  -  GGAV  2002 
vom 6.11.2002 (BGBl. I S. 4350), geändert durch Artikel 2 der Verordnung vom 28.4.2003 
(BGBl. I S. 595); Ausnahme 24. 

Comments: List No. 7, 38, 38a.  

RO–a–DE–4 

Subject: Exemption of small quantities of certain goods for private use. 

Reference  to  Annex  I.1.  to  this  Directive:  Table  in  Chapter  3.2  for  certain  UN  numbers  in 
Classes 1 to 9. 

Content of the Annex to the Directive: Transport authorisation and provisions. 

Content  of  the  national  legislation:  Classes  1  to  9;  Exemption  for  very  small  quantities  of 
various goods in packagings and quantities for private use; a maximum of 50 kg per transport 
unit; application of the general packing requirements for internal packaging. 

Initial  reference  to  the  national  legislation:  Gefahrgut-Ausnahmeverordnung  -  GGAV  2002 
vom 6.11.2002 (BGBl. I S. 4350), geändert durch Artikel 2 der Verordnung vom 28.4.2003 
(BGBl. I S. 595); Ausnahme 3. 

Comments: Derogation limited to 31.12.2004. List No. 14*.  

RO–a–DE–5  

Subject: Combined packaging authorisation. 

Reference to Annex I.1. to this Directive: 4.1.10.4 MP2 

Content of the Annex to the Directive: Prohibition of combined packaging. 

Content  of  the  national  legislation:  Classes  1.4S,  2,  3  and  6.1;  authorisation  of  combined 
packaging  of  objects  in  Class  1.4S  (cartridges  for  small  weapons),  aerosols  (Class  2)  and 
cleaning and treatment materials in Classes 3 and 6.1 (UN numbers listed) as sets to be sold in 
combined packaging in packaging group II and in small quantities. 

EN 

24 

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Initial  reference  to  the  national  legislation:  Gefahrgut-Ausnahmeverordnung  -  GGAV  2002 
vom 6.11.2002 (BGBl. I S. 4350), geändert durch Artikel 2 der Verordnung vom 28.4.2003 
(BGBl. I S. 595); Ausnahme 21. 

Comments: List No. 30*, 30a, 30b, 30c, 30d, 30e, 30f, 30g.  

DK Denmark 

RO–a–DK–1  

Subject: Road transport of packagings containing wastes or residues of dangerous substances 
collected from households and certain enterprises for the purpose of disposal. 

Reference to Annex I.1. to this Directive: Part 2, 4.1.4, 4.1.10, 5.2, 5.4 and 8.2 

Content of the Annex to the Directive:  

Principles  for  classification.  Mixed  packing  provisions.  Marking  and  labelling  provisions. 
Transport document. 

Content  of  the  national  legislation:  Inner  packagings  containing  waste  or  residues  of 
chemicals  collected  from  households  and  certain  enterprises  may  be  packed  together  in 
certain UN-approved outer packagings. The contents of each inner packaging must not exceed 
5  kg  or  5  litre.  Derogations  from  the  provisions  concerning  classification,  marking  and 
labelling, documentation and training. 

Initial  reference  to  the  national  legislation:  Bekendtgørelse  nr.  729  of  15.  august  2001  om 
vejtransport of farligt gods § 4, stk. 3. 

Comments:  It  is  not  possible  to  carry  out  an  accurate  classification  and  apply  all  ADR 
provisions when wastes or residual amounts of chemicals are collected from households and 
certain enterprises for the purpose of disposal. The waste is typically contained in packagings 
which have been sold in retail sale. 

RO–a–DK–2 

Subject:  Road  transport  containing  packagings  of  explosive  substances  and  packagings  of 
detonators on the same vehicle. 

Reference to Annex I.1. to this Directive: 7.5.2.2 

Content of the Annex to the Directive: Mixed packing provisions. 

Content  of  the  national  legislation:  The  rules  in  ADR  must  be  observed  when  transporting 
dangerous goods by road. 

Initial  reference  to  the  national  legislation:  Bekendtgørelse  nr.  729  of  15.  august  2001  om 
vejtransport of farligt gods § 4, stk. l. 

EN 

25 

   EN 

 
Comments: There is a practical need for being able to pack explosive substances together with 
detonators on the same vehicle when transporting such goods from where they are stored and to 
the workplace and back again. 
When the Danish legislation concerning transport of dangerous goods is amended, the Danish 
authorities will allow such transport on the following conditions: 

(1) 

(2) 

(3) 

(4) 

Not more than 25 kg explosive substances under group D are being transported. 

Not more than 200 pieces of detonators under group B are being transported. 

Detonators  and  explosive  substances  must  be  packed  separately  in  UN-certified 
packaging in accordance with the rules in Directive 2000/61/EC amending Directive 
94/55/EC. 

The distance between packaging that contains detonators and packaging that contains 
explosive substances must be at least 1 metre. This distance has to be observed even 
after a sudden application of the brakes. Packaging containing explosive substances 
and packaging containing detonators must be placed in a way that makes it possible 
quickly to remove them from the vehicle. 

(5) 

All other rules concerning transport of dangerous goods by road must be observed. 

FI Finland 

RO–a–FI–1 

Subject:  Transport  of  dangerous  goods  in  certain  amounts  in  buses  and  the  low  active 
radioactive materials in small quantities for health care and research 

Reference to Annex I.1. to this Directive: 4.1, 5.4 

Content of the Annex to the Directive: Packaging provisions, documentation. 

Content  of  the  national  legislation:  Transport  of  dangerous  goods  in  certain  amounts  under 
the  limit  of  1.1.3.6  with  a  maximum  net  mass  of not  more  than  200  kg  in  buses  is  allowed 
without  using  the  transport  document  and  without  fulfilling  all  the  packaging  requirements. 
When  transporting  the  low  active  radioactive  materials  in  max  50  kg  for  health  care  and 
research, the vehicle need not be marked and equipped according to ADR. 

Initial  reference  to  the  national  legislation:  Liikenne-  ja  viestintäministeriön  asetus 
vaarallisten aineiden kuljetuksesta tiellä (277/2002; 313/2003, 312/2005).  

RO–a–FI–2 

Subject: Description of empty tanks in the transport document. 

Reference to Annex 1.1. to this Directive: 5.4.1.1.6 

Content  of  the  Annex  to  the  Directive:  Special  provisions  for  empty  uncleaned  packagings, 
vehicles, containers, tanks, battery-vehicles and MEGCs. 

EN 

26 

   EN 

 
Content  of  the  national  legislation:  In  the  case  of  empty,  uncleaned  tank  vehicles  in  which 
two  or  more  substances  with  UN  numbers  1202,  1203  and  1223  have  been  carried,  the 
description in the transport documents may be completed by words “Last load” together with 
the name of the product having the lowest flashpoint; “Empty tank vehicle, 3, last load: UN 
1203 Motor spirit, II”. 

Initial  reference  to  the  national  legislation:  Liikenne-  ja  viestintäministeriön  asetus 
vaarallisten aineiden kuljetuksesta tiellä (277/2002; 313/2003). 

RO–a–FI–3 

Subject: Labelling and marking of the transport unit for explosives. 

Reference to Annex I.1. to this Directive: 5.3.2.1.1  

Content of the Annex to the Directive: General orange-coloured plate marking provisions. 

Content  of  the  national  legislation:  Transport  units  transporting  (normally  in  vans)  small 
amounts  of  explosives  (maximum  1  000  kg  (net))  to  quarries  and  working  sites  may  be 
labelled at the front and at the rear, using the placard in model No 1. 

Initial  reference  to  the  national  legislation:  Liikenne-  ja  viestintäministeriön  asetus 
vaarallisten aineiden kuljetuksesta tiellä (277/2002; 313/2003). 

FR France 

RO–a–FR–1 

Subject: Transport of portable and mobile gamma radiography equipment (18). 

Reference to Annex I.1. to this Directive: Annexes A and B 

Content of the Annex to the Directive: 

Content of the national legislation: The transport of gamma radiography equipment by users 
in special vehicles is exempted but subject to specific rules. 

Initial  reference  to  the  national  legislation:  Arrêté  du  1er  juin  2001  relatif  au  transport  de 
marchandises  dangereuses  par  route  (Decree  of  1  June  2001  on  the  transport  of  hazardous 
goods by road, «ADR-Decree») - Article 28. 

RO–a–FR–2  

Subject: Transport of waste arising from care activities involving infectious risks and treated 
as anatomical parts covered by UN 3291 with a mass less than or equal to 15 kg. 

Reference to Annex I.1. to this Directive: Annexes A and B 

EN 

27 

   EN 

 
Content  of  the  national  legislation:  Exemption  from  the  requirements  of  the  ADR  for  the 
transport  of  waste  arising  from  care  activities  involving  infectious  risks  and  treated  as 
anatomical parts covered by UN 3291 with a mass less than or equal to 15 kg. 

Initial  reference  to  the  national  legislation:  Arrêté  du  1er  juin  2001  relatif  au  transport  de 
marchandises  dangereuses  par  route  (Decree  of  1  June  2001  on  the  transport  of  hazardous 
goods by road, «ADR-Decree») - Article 12. 

RO–a–FR–3 

Subject: Transport of hazardous substances in public passenger transport vehicles (18). 

Reference to Annex I.1. to this Directive: 8.3.1 

Content of the Annex to the Directive: Transport of passengers and hazardous substances. 

Content  of  the  national  legislation:  Transport  of  hazardous  substances  authorised  in  public 
transport vehicles as hand luggage: only the provisions relating to the packaging, marking and 
labelling of parcels set out in 4.1, 5.2 and 3.4 apply. 

Initial  reference  to  the  national  legislation:  Arrêté  du  1er  juin  2001  relatif  au  transport  de 
marchandises  dangereuses  par  route  (Decree  of  1  June  2001  on  the  transport  of  hazardous 
goods by road, «ADR-Decree») - Article 21. 

Comments: In hand luggage it is allowed to have only dangerous goods for personal or own 
professional  use.  Portable  gas  receptacles  allowed  for  patients  with  respiratory  problems  in 
the necessary amount for one journey. 

RO–a–FR–4 

Subject: Own-account transport of small quantities of hazardous materials (18). 

Reference to Annex I.1. to this Directive: 5.4.1. 

Content of the Annex to the Directive: Obligation to have a transport document. 

Content  of  the  national  legislation:  Own-account  transport  of  small  quantities  of  hazardous 
materials  not  exceeding  the  limits  set  in  1.1.3.6.  is  not  subject  to  the  obligation  to  have  a 
transport document provided for in 5.4.1. 

Initial  reference  to  the  national  legislation:  Arrêté  du  1er  juin  2001  relatif  au  transport  de 
marchandises  dangereuses  par  route  (Decree  of  1  June  2001  on  the  transport  of  hazardous 
goods by road, «ADR-Decree») - Article 23-2. 

EN 

28 

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IE Ireland 

RO–a–IE–1 

Subject: Exemption  from the requirement  of  5.4.0 of the ADR for a  transport document for 
the carriage of pesticides of ADR Class 3, listed under 2.2.3.3 as FT2 pesticides (f.p. < 23oC) 
and  ADR  Class  6.1,  listed  under  2.2.61.3  as  T6  pesticides,  liquid  (flash  point  not  less  than 
23oC), where the quantities of dangerous goods being carried do not exceed the quantities set 
out in 1.1.3.6 of the ADR. 

Reference to Annex I.1. to this Directive: 5.4 

Content of the Annex to the Directive: Requirement for transport document. 

Content  of  the  national  legislation:  Transport  document  is  not  required  for  the  carriage  of 
pesticides  of  ADR  Classes  3  and  6.1,  where  the  quantity  of  dangerous  goods  being  carried 
does not exceed the quantities set out in 1.1.3.6 of the ADR. 

Initial  reference  to  the  national  legislation:  Regulation  82(9)  of  the  'Carriage  of  Dangerous 
Goods by Road Regulations 2004'. 

Comments:  Unnecessary,  onerous  requirement  for  local  transport  and  delivery  of  such 
pesticides.  

RO–a–IE–2 

Subject: Exemption from some of the provisions of the ADR on the packaging, marking and 
labelling  of  the  carriage  of  small  quantities  (below  the  limits  in  1.1.3.6)  of  time  expired 
pyrotechnic  articles  of  classification  codes  1.3G,  1.4G  and  1.4S  of  Class  1  of  the  ADR, 
bearing  the  respective  substance  identification  numbers  UN0092,  UN0093,  UN0403  or 
UN0404, to the nearest military barracks for disposal. 

Reference to Annex I.1. to this Directive: 1.1.3.6, 4.1, 5.2 and 6.1 

Content of the Annex to the Directive: Disposal of out of date pyrotechnics. 

Content of the national legislation: The provisions of the ADR on the packaging, marking and 
labelling  of  the  carriage  of  expired  pyrotechnic  articles  bearing  the  respective  UN  numbers 
UN  0092,  UN  0093,  UN  0403,  UN  0404  to  the  nearest  military  barracks  do  not  apply 
provided  the  general  packaging  provisions  of  the  ADR  are  complied  with  and  additional 
information is included in the transport document. It applies only to the local transport, to the 
nearest  military  barracks,  of  small  quantities  of  these  time  expired  pyrotechnics  for  safe 
disposal. 

Initial reference to the national legislation: Regulation 82(10) of the 'Carriage of Dangerous 
Goods by Road Regulations 2004'. 

Comments:  The  carriage  of  small  quantities  of  ‘time  expired’  marine  emergency  flares, 
especially  from  pleasure  boat  owners  and  ship  chandlers,  to  military  barracks  for  their  safe 
disposal  has  created  difficulties,  particularly  in  relation  to  packaging  requirements.  The 
derogation is for small quantities (below those specified in 1.1.3.6) on local transport. 

EN 

29 

   EN 

 
RO–a–IE–3 

Subject: Exemption from the requirements of Chapters 6.7 and 6.8, in relation to the transport 
by  road  of  nominally  empty  uncleaned  storage  tanks  (for  storage  at  fixed  locations)  for  the 
purpose of cleaning, repair, testing or scrapping. 

Reference to Annex I.1. to this Directive: 6.7 and 6.8 

Content of the Annex to the Directive: Requirements for the design, construction, inspection 
and testing of tanks. 

Content of the national legislation: [Proposed] Exemption from the requirements of Chapters 
6.7 and 6.8 of the ADR for the carriage by road of nominally empty uncleaned storage tanks 
(for storage at fixed premises) for the purpose of cleaning, repair, testing or scrapping, provided 
(a) as much of the pipe work which was connected to the tank as it was reasonably practicable 
to  remove  from  it  has  been  removed;  (b)  a  suitable  pressure  relief  valve,  which  shall  remain 
operational during the carriage, is fitted to the tank; and (c) subject to (b) above all openings in 
the tank and in any pipe work attached thereto have been sealed to prevent the escape of any 
dangerous goods, insofar as it is reasonably practicable to do so. 

Initial reference to the national legislation: Proposed amendment to ‘Carriage of Dangerous 
Goods by Road Regulations, 2004’. 

Comments: These tanks are used for storage of substances at fixed premises and not for the 
transport of goods. They would contain very small quantities of dangerous goods while they 
(the tanks) were being transported to different premises for cleaning, repair, etc. 

Previously under Art. 6.10. 

RO–a–IE–4 

Subject:  Exemption  from  the  requirements  of  Chapters  5.3,  5.4,  Part  7  and  Annex  B  of  the 
ADR, in relation to the carriage of gas cylinders of dispensing agents (for beverages) where 
they are carried on the same vehicle as the beverages (for which they are to be used). 

Reference to Annex I.1. to this Directive: Chapters 5.3, 5.4, Part 7 and Annex B  

Content of the Annex to the Directive: The marking of the vehicles, the documentation to be 
carried and the provisions concerning transport equipment and transport operations. 

Content of the national legislation: [Proposed] Exemption from the requirements of Chapters 
5.3, 5.4, Part 7 and Annex B of the ADR for cylinders of gases, used as dispensing agents for 
beverages,  where  these  cylinders  of  gases  are  carried  on  the  same  vehicle  as  the  beverages 
(for which they are to be used). 

Initial reference to the national legislation: Proposed amendment to ‘Carriage of Dangerous 
Goods by Road Regulations, 2004’. 

Comments: The main activity consists of the distribution of packages of beverages, which are 
not  substances  of  ADR,  together  with  small  quantities  of  small  cylinders  of  associated 
dispensing gases. 

Previously under Art. 6.10. 

EN 

30 

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RO–a–IE–5 

Subject:  Exemption,  for  national  transport  within  Ireland,  from  the  construction  and  testing 
requirements  for  receptacles,  and  their  use  provisions,  contained  in  Chapters  6.2  and  4.1  of 
the  ADR,  for  cylinders  and  pressure  drums  of  gases  of  Class  2  that  have  undergone  a 
multimodal  transport  journey,  including  maritime  carriage,  where  (i)  these  cylinders  and 
pressure drums are constructed, tested and used in accordance with the IMDG Code, (ii) these 
cylinders and pressure drums are not refilled in Ireland but returned nominally empty to the 
country of origin of the multimodal transport journey, and (iii) these cylinders and pressure 
drums are distributed locally in small quantities. 

Reference to Annex I.1. to this Directive: 1.1.4.2, 4.1 and 6.2 

Content  of  the  Annex  to  the  Directive:  Provisions  relating  to  multimodal  transport  journey, 
including maritime carriage, use of cylinders and pressure drums for gases of ADR Class 2, 
and construction and testing of these cylinders and pressure drums for gases of ADR Class 2. 

Content of the national legislation: [Proposed] The provisions of Chapters 4.1 and 6.2 do not 
apply  to  cylinders  and  pressure  drums  of  gases  of  Class  2,  provided  (i)  these  cylinders  and 
pressure  drums  are  constructed  and  tested  in  accordance  with  the  IMDG  Code,  (ii)  these 
cylinders  and  pressure  drums  are  used  in  accordance  with  the  IMDG  Code,  (iii)  these 
cylinders  and  pressure  drums  were  transported  to  the  consignor  by  means  of  multimodal 
transport, including maritime carriage, (iv) the transport of these cylinders and pressure drums 
to the final user consists only of a single transport journey, completed within the same day, 
from  the  consignee  of  the  multimodal  transport  operation  [referred  to  in  subparagraph  (iii) 
above],  (v)  these  cylinders  and  pressure  drums  are  not  refilled  within  the  State  and  are 
returned  nominally  empty  to  the  country  of  origin  of  the  multimodal  transport  operation 
[referred  to  in  subparagraph  (iii)  above],  and  (vi)  these  cylinders  and  pressure  drums  are 
distributed locally within the State in small quantities. 

Initial reference to the national legislation: Proposed amendment to ‘Carriage of Dangerous 
Goods by Road Regulations, 2004’. 

Comments: The gases contained in these cylinders and pressure drums are of a specification, 
required by the final users, which results in the need to import them from outside the ADR 
area. Following use, these nominally empty cylinders and pressure drums are required to be 
returned to the country of origin, for refilling with the specially specified gases - they are not 
to  be  refilled  within  Ireland  or  indeed  within  any  part  of  the  ADR  area.  Though  not  in 
compliance  with  ADR,  they  are  in  compliance  with  and  accepted  for  the  IMDG  Code.  The 
multimodal  transport,  beginning  from  outside  the  ADR  area,  is  intended  to  finish  at  the 
importer's premises, from where it is intended to distribute these cylinders and pressure drums 
to the final user locally within Ireland in small quantities. This carriage, within Ireland, would 
come within the amended Article 6(9) of amended Directive 94/55/EC. 

EN 

31 

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LT Lithuania 

RO–a–LT–1 

Subject: Adoption of RO–a–UK–6. 

Initial reference to the national legislation: Lietuvos Respublikos Vyriausybės 2000 m. kovo 
23  d.  nutarimas  Nr.  337  “Dėl  pavojingų  krovinių  vežimo  kelių  transportu  Lietuvos 
Respublikoje”  (Government  resolution  No.  337  on  the  Transport  of  Dangerous  Goods  by 
Road in the Republic of Lithuania, adopted on 23 March 2000). 

UK United Kingdom 

RO–a–UK–1 

Subject: Carriage of certain low-hazard radioactives such as clocks, watches, smoke detectors, 
compass dials (E1). 

Reference to Annex I.1. to this Directive: Most requirements of ADR 

Content  of  the  Annex  to  the  Directive:  Requirements  concerning  the  carriage  of  Class  7 
material. 

Content  of  the  national  legislation:  Total  exemption  from  the  provisions  of  the  national 
regulations  for  certain  commercial  products  containing  limited  quantities  of  radioactive 
material. (A luminous device intended to be worn by a person; in any one vehicle or railway 
vehicle  no  more  than  500  smoke  detectors  for  domestic  use  with  an  individual  activity  not 
exceeding 40 kBq; or in any one vehicle or railway vehicle no more than five gaseous tritium 
light devices with an individual activity not exceeding 10 GBq). 

Initial  reference  to  the  national  legislation:  The  Radioactive  Material  (Road  Transport) 
Regulations  2002  Regulation  5(4)(d).  The  Carriage  of  Dangerous  Goods  and  Use  of 
Transportable Pressure Equipment Regulations 2004: Regulation 3(10). 

Comments: This derogation is a short-term measure, which will no longer be required when 
similar amendments to the IAEA regulations have been incorporated into ADR.  

RO–a–UK–2 

Subject: Exemption from the requirement to carry a transport document for certain quantities 
of dangerous goods (other than Class 7) as defined in 1.1.3.6 (E2). 

Reference to Annex I.1. to the Directive: 1.1.3.6.2 and 1.1.3.6.3 

Content  of  the  Annex  to  the  Directive:  Exemptions  from  certain  requirements  for  certain 
quantities per transport unit. 

Content of the national legislation: Transport document is not required for limited quantities, 
except where these form part of a larger load. 

EN 

32 

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Initial  reference  to  the  national  legislation:  The  Carriage  of  Dangerous  Goods  and  Use  of 
Transportable Pressure Equipment Regulations 2004: Regulation 3(7)(a). 

Comments: This exemption is suited to national transport, where a transport document is not 
always appropriate in cases where local distribution is involved. 

RO–a–UK–3 

Subject: Exemption from the requirement for vehicles carrying low-level radioactive material 
to carry fire-fighting equipment (E4).  

Reference to Annex I.1. to this Directive: 8.1.4 

Content  of  the  Annex  to  the  Directive:  Requirement  for  vehicles  to  carry  fire-fighting 
appliances. 

Content  of  national  legislation:  Removes  requirement  to  carry  fire  extinguishers  when 
carrying only excepted packages (UN 2908, 2909, 2910 and 2911). 

Restricts the requirement where only a small number of packages are carried. 

Initial  reference  to  national  legislation:  The  Radioactive  Material  (Road  Transport) 
Regulations 2002 Regulation 5 (4) (d). 

Comments: Carriage of fire-fighting equipment is in practice irrelevant to the transport of UN 
2908, 2909, 2910, UN 2911, which may often be carried in small vehicles. 

RO–a–UK–4 

Subject:  Distribution  of  goods  in  inner  packagings  to  retailers  or  users  (excluding  those  of 
classes 1, 4.2, 6.2 and 7) from local distribution depots to retailers or users and from retailers 
to end users (N1). 

Reference to Annex I.1. to this Directive: 6.1. 

Content  of  the  Annex  to  the  Directive:  Requirements  for  the  construction  and  testing  of 
packagings. 

Content  of  national  legislation:  Packagings  are  not  required  to  have  been  allocated  an 
RID/ADR  or  UN  mark  or 
they  contain  goods  as  
to  be  otherwise  marked 
set out in Schedule 3. 

if 

Initial  reference  to  national  legislation:  The  Carriage  of  Dangerous  Goods  and  Use  of 
Transportable  Pressure  Equipment  Regulations  2004:  Regulation  7(4)  and  Regulation  36 
Authorisation Number 13. 

Comments:  ADR  requirements  are  inappropriate  for  the  final  stages  of  carriage  from  a 
distribution depot to a retailer or user or from  a retailer to an end user. The purpose of this 
derogation is to allow the inner receptacles of goods for retail distribution to be carried on the 
final leg of a local distribution journey without an outer packaging. 

EN 

33 

   EN 

 
RO–a–UK–5 

Subject: To allow different "maximum total quantity per transport unit" for Class 1 goods in 
categories 1 and 2 of table in 1.1.3.6.3 (N10). 

Reference to Annex I.1. to this Directive: 1.1.3.6.3 and 1.1.3.6.4 

Content of the Annex to the Directive: Exemptions related to quantities carried per transport 
unit. 

Content  of  the  national  legislation:  Lays  down  rules  regarding  exemptions  for  limited 
quantities and mixed loading of explosives. 

Initial  reference  to  the  national  legislation:  Carriage  of  Explosives  by  Road  Regulations 
1996, reg. 13 and Schedule 5; reg. 14 and Schedule 4. 

Comments: To allow different quantity limits for Class 1 goods, viz "50" for Category 1 and 
"500" for category 2. For the purpose of calculating mixed loads, the multiplication factors to 
read "20" for Transport Category 1 and "2" for Transport Category 2.  
Previously a derogation under Art. 6.10. 

RO–a–UK–6 

Subject:  Increase  of  maximum  net  mass  of  explosive  articles  permissible  in  EX/II  vehicles 
(N13). 

Reference to Annex I.1. to this Directive: 7.5.5.2 

Content  of  the  Annex  to  the  Directive:  Limitations  on  quantities  carried  for  explosive 
substances and articles. 

Content of the national legislation: Limitations on quantities carried for explosive substances 
and articles. 

Initial  reference  to  the  national  legislation:  Carriage  of  Explosives  by  Road  Regulations 
1996, reg. 13, Schedule 3. 

Comments: UK Regulations allow a maximum net mass of 5,000 kg in Type II vehicles for 
Compatibility Groups 1.1C, 1.1D, 1.1E and 1.1J. 

Many articles of Class 1.1C, 1,1D, 1.1E and 1.1J being moved in Europe are large or bulky 
and exceed about 2.5 m in length. They are primarily explosive articles for military use. The 
limitations on the construction for EX/III vehicles (which are required to be closed vehicles) 
make it very difficult to load and unload such articles. Some articles would require specialist 
loading  and  unloading  equipment  at  both  ends  of  the  journey.  In  practice,  this  equipment 
rarely  exists.  There  are  few  EX/III  vehicles  in  use  in  the  UK  and  it  would  be  extremely 
onerous on industry to require further specialist EX/III vehicles to be constructed to carry this 
type of explosive. 

EN 

34 

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In the UK military explosives are mostly carried by commercial carriers and are thus unable 
to  take  advantages  of  the  exemption  for  military  vehicles  in  the  Framework  Directive.  To 
overcome this problem, the UK has always permitted the carriage of up to 5,000 kg of such 
articles  on  EX/II  vehicles.  The  present  limit  is  not  always  sufficient  because  an  article  may 
contain more than 1,000 kg of explosive. 

Since  1950  there  have  been  only  two  incidents  (both  in  the  1950s)  involving  blasting 
explosives with a weight above 5,000 kg. The incidents were caused by a tyre fire and a hot 
exhaust system setting fire to the sheeting. The fires could have occurred with a smaller load. 
There were no fatalities or injuries. 

There  is  empirical  evidence  to  suggest  that  correctly  packaged  explosive  articles  would  be 
unlikely  to  be  initiated  due  to  impact,  e.g.  from  vehicle  collisions.  Evidence  from  military 
reports and from trials data on missile impact tests shows that it needs an impact velocity in 
excess of that created by the 12 metre drop test to bring about initiation of cartridges. 

Present safety standards would not be affected.  

RO–a–UK–7 

Subject:  Exemption  from  supervision  requirements  for  small  quantities  of  certain  Class  1 
goods (N12). 

Reference to Annex I.1. to this Directive: 8.4 and 8.5 S1(6) 

Content of the Annex to the Directive: Supervision requirements for vehicles carrying certain 
quantities of dangerous goods. 

Content  of  the  national  legislation:  Provides  for  safe  parking  and  supervision  facilities  but 
does  not  require  that  certain  Class  1  loads  be  supervised  at  all  times  as  required  in  ADR 
Chapter 8.5 S1(6). 

Initial  reference  to  the  national  legislation:  Carriage  of  Dangerous  Goods  by  Road 
Regulations 1996, reg. 24. 

Comments: ADR supervision requirements are not always feasible in a national context. 

RO–a–UK–8 

Subject: Easing of restrictions on transporting mixed loads of explosives, and explosives with 
other dangerous goods, in wagons, vehicles and containers (N4/5/6). 

Reference to Annex I.1. to this Directive: 7.5.2.1 and 7.5.2.2 

Content of the Annex to the Directive: Restrictions on certain types of mixed loading. 

Content  of  the  national  legislation:  National  legislation  is  less  restrictive  regarding  mixed 
loading of explosives, providing such carriage can be accomplished without risk. 

EN 

35 

   EN 

 
Initial  reference  to  the  national  legislation:  Carriage  of  Dangerous  Goods  by  Road 
Regulations 1996, reg. 18. 

Comments: The UK wishes to permit some variations on the mixing rules for explosives with 
other  explosives  and  for  explosives  with  other  dangerous  goods.  Any  variation  will  have  a 
quantity limitation on one or more constituent parts of the load and would only be permitted 
provided that "all reasonably practicable measures have been taken to prevent the explosives 
being brought into contact with, or otherwise endangering or being endangered by, any such 
goods.” 

Examples of variations the UK may want to permit are: 

1. 

2. 

3. 

4. 

Explosives allocated on classification to UN Numbers 0029, 0030, 0042, 0065, 0081, 
0082, 0104, 0241, 0255, 0267, 0283, 0289, 0290, 0331, 0332, 0360 or 0361 may be 
carried in the same vehicle with dangerous goods allocated on classification the UN 
Number 1942. The quantity of UN 1942 permitted to be carried shall be limited by 
deeming it to be an explosive of 1.1D; 

Explosives allocated on classification to UN Numbers 0191, 0197, 0312, 0336, 0403, 
0431  or  0453  may  be  carried  in  the  same  vehicle  with  dangerous  goods  (except 
flammable gases, infectious substances and toxic substances) in transport category 2 
or dangerous goods in transport category 3, or any combination of them, provided the 
total mass or volume of dangerous goods in transport category 2 does not exceed 500 
kg or l and the total net mass of such explosives does not exceed 500 kg; 

Explosives  of  1.4G may be carried with flammable liquids and flammable gases in 
transport category 2 or non-flammable, non-toxic gases in transport category 3, or in 
any combination of them in the same vehicle, provided the total mass or volume of 
dangerous goods when added together does not exceed 200 kg or l and the total net 
mass of explosives does not exceed 20 kg; 

Explosive  articles  allocated  on  classification  to  UN  Numbers  0106,  0107  or  0257 
may be carried with explosive articles in Compatibility Group D, E or F for which 
they are components. The total quantity of explosives of UN Numbers 0106, 0107 or 
0257 shall not exceed 20 kg. 

RO–a–UK–9  

Subject: Alternative to display of orange plates for small consignments of radioactive material 
in small vehicles. 

Reference to Annex I.1. to this Directive: 5.3.2 

Content of the Annex to the Directive: Requirement for orange plates to be displayed on small 
vehicles carrying radioactive material. 

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36 

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Content of the national legislation: Permits any derogation approved under this process. The 
derogation requested is: 

1. 

Vehicles must either:  

(a) 

be placarded according to the applicable provisions of ADR paragraph 5.3.2; or  

(b) 

in  the  case  of  vehicles  of  less  than  3500  kg  weight,  carrying  fewer  than  ten 
packages  containing  non-fissile  or  fissile  excepted  radioactive  material  and 
where  the  sum  of  the  transport  indexes  of  these  packages  does  not  exceed  3, 
they  may  alternatively  carry  a  notice  conforming  to  the  requirements  of 
paragraph 2 below. 

2. 

For the purposes of paragraph 1 above, the notice to be displayed in a vehicle while it 
is carrying radioactive material shall conform to the following: 

(a) 

(b) 

(c) 

It shall be not less than 12 cm square. All lettering on the notice shall be black, 
bold and legible. All lettering shall also be embossed or stamped. The capital 
letters in the word "RADIOACTIVE" shall be not less than 12 mm high and all 
other capital letters shall be not less than 5 mm high. 

It  shall  be  fireproof  to  the  extent  that  the  words  on  the  notice  shall  remain 
legible after exposure to a fire involving the vehicle. 

It shall be securely posted in the vehicle in a position where it is plainly visible 
to the driver but does not obstruct his view of the road, and shall be exhibited 
only when the vehicle is carrying radioactive material. 

(d) 

It  shall  be  in  an  agreed  form  and  shall  state  the  name,  address  and  telephone 
number for use in emergencies. 

Initial  reference  to  the  national  legislation:  The  Radioactive  Material  (Road  Transport) 
Regulations 2002 Regulation 5 (4) (d). 

Comments:  The  derogation  is  required  for  limited  movements  of  small  quantities  of 
radioactive  material,  primarily  single  patient  doses  of  radioactive  materials  between  local 
hospital  facilities,  where  small  vehicles  are  used  and  the  ability  to  affix  even  small  orange 
placards is limited. Experience has shown that for these vehicles the fixing of orange placards 
is  problematic  and  they  are  difficult  to  retain  under  normal  conditions  of  transport.  The 
vehicles  will  be  marked  with  placards  identifying  the  contents  in  accordance  with  ADR 
5.3.1.5.2 (and normally 5.3.1.7.4) clearly identifying the hazard. In addition, a fireproof notice 
carrying  relevant  emergency  information  will  be  attached  in  a  clearly  visible  location.  In 
practice, more safety information will be available than under the requirements of ADR 5.3.2. 

EN 

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Based on article 7(2) point b1 

BE Belgium 

RO–b1–BE–1 

Subject: Transport in close proximity of industrial sites including transport on public road. 

Reference to Annex I.1. to this Directive: Annexes A and B. 

Content of the Annex to the Directive: Annexes A and B. 

Content of the national legislation: The derogations concern the documentation, labelling and 
marking of packages and the driver’s certificate. 

Initial reference to the national legislation: Derogations 2-89, 4-97 and 2-2000. 

Comments: Dangerous goods are transferred between premises  

–  derogation 2-89 : crossing the public highway (chemicals in packages); 

–  derogation 4-97 : distance of 2 km (ingots of pig-iron at a temperature of 600° C); 

–  derogation 2-2000 : distance approx. 500 m (IBC, PG II, III Classes 3, 5.1, 6.1, 8 and 9). 

RO–b1–BE–2 

Subject: Movement of storage tanks not intended as transport equipment. 

Reference to Annex I.1. to this Directive: 1.1.3.2. (f) 

Content of the national legislation: Movements of nominally storage tanks for cleaning/repair 
purposes allowed. 

Initial reference to the national legislation: Exemption 6-82, 2-85. 

Comments: Derogation registered by the European Commission as No 7 (under Art. 6(10)). 

RO–b1–BE–3 

Subject: Training of drivers. 

Local transport of UN 1202, 1203 and 1223 in packages and in tanks (in Belgium, radius of 
75 km from the location of the registered office). 

Reference to Annex I.1. to this Directive: 8.2 

Content of the Annex to the Directive: 
Structure of the training: 
1) Training packages 
2) Training tank 
2) Special training Cl 1 
2) Special training Cl 7 

EN 

38 

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Content of the national legislation: Definitions – certificate – issue – duplicates – validity and 
extension  –  organisation  of  courses  and  examination  –  derogations  –  penalties  –  final 
provisions. 

Initial reference to the national legislation: To be specified in forthcoming regulation. 

Comments: It is proposed to give an initial course followed by an examination limited to the 
transport of UN 1202, 1203 and 1223 in packages and in tanks in a radius of 75 km from the 
location  of  the  registered  office  –  the  length  of  training  must  meet  the  requirements  of  the 
ADR - after 5 years the driver must follow a refresher course and pass an examination – the 
certificate  will  stipulate  "national  transport of  UN  1202,  1203  and  1223  pursuant  to  Article 
6(9) of Directive 94/55". 

RO–b1–BE–4 

Subject: Transport of dangerous goods in tanks for elimination by incineration. 

Reference to Annex I.1. to this Directive: 3.2 

Content of the national legislation: By derogation from the table in chapter 3.2 it is permitted 
to use a tank-container with tank-code L4BH instead of tank-code L4DH for the carriage of 
water reactive liquid, toxic, III, n.o.s. under certain conditions. 

Initial reference to the national legislation: Derogation 01 – 2002. 

Comments: This regulation may only be used for the carriage of hazardous waste on a short 
distance. 

RO–b1–BE–5 

Subject: Carriage of waste to waste disposal plants. 

Reference to Annex I.1. to this Directive: 5.2, 5.4, 6.1 (old regulation : A5, 2X14, 2X12) 

Content  of  the  Annex  to  the  Directive:  Classification,  marking  and  requirements  concerning 
the packaging. 

Content  of  the  national  legislation:  Instead  of  classifying  wastes  according  to  ADR,  wastes 
are  assigned  to  different  groups  (flammable  solvents,  paints,  acids,  batteries,  etc.)  to  avoid 
dangerous  reactions  within  one  group.  The  requirements  for  construction  of  packagings  are 
less restrictive. 

Initial reference to the national legislation: Arrête royal relatif au transport de marchandises 
dangereuses par route. 

Comments:  This  regulation  may  be  used  for  the  carriage  of  small  quantities  of  waste  to 
disposal plants.  

EN 

39 

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RO–b1–BE–6 

Subject: Adoption of RO–b1–SE–5. 

Initial reference to the national legislation: 

RO–b1–BE–7 

Subject: Adoption of RO–b1–SE–6. 

Initial reference to the national legislation:  

RO–b1–BE–8 

Subject: Adoption of RO–b1–UK–2. 

Initial reference to the national legislation: 

DE Germany 

RO–b1–DE–1 

Subject: Waiving of certain indications in the transport document (n2). 

Reference to Annex I.1. to this Directive: 5.4.1.1.1 

Content of the Annex to the Directive: Contents of the transport document. 

Content of the national legislation: For all classes except classes 1 (except 1.4S), 5.2 and 7: 

No indication needed in the transport document 

a) 

b) 

for the consignee in case of local distribution (except for full load and for transport 
with certain routings); 

for the amount and types of packagings, if 1.1.3.6 is not applied and if the vehicle is 
in conformity with all provisions of Annex A and B; 

c) 

for empty uncleaned tanks the transport document of the last load is sufficient. 

Initial  reference  to  the  national  legislation:  Gefahrgut-Ausnahmeverordnung  -  GGAV  2002 
vom 06.11.2002 (BGBl. I S. 4350), geändert durch Artikel 2 der Verordnung vom 28.04.2003 
(BGBl. I S. 595); Ausnahme 18. 

Comments: Applying all provisions would not be practicable in the kind of traffic concerned. 
Derogation is registered by the European Commission as No. 22. (under Art. 6(10)). 

EN 

40 

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RO–b1–DE–2 

Subject: Transportation of Class 9 PCB-contaminated materials in bulk. 

Reference to Annex I.1. to this Directive: 7.3.1 

Content of the Annex to the Directive: Transportation in bulk. 

Content  of  the  national  legislation:  Authorisation  for  transportation  in  bulk  in  vehicle  swap 
bodies or containers sealed to be impermeable to fluids or dust. 

Initial  reference  to  the  national  legislation:  Gefahrgut-Ausnahmeverordnung  -  GGAV  2002 
vom 06.11.2002 (BGBl. I S. 4350), geändert durch Artikel 2 der Verordnung vom 28.04.2003 
(BGBl. I S. 595); Ausnahme 11. 

Comments: Derogation 11 limited to 31.12.2004; as from 2005, same provisions in ADR and 
RID. 
See also Multilateral Agreement M137. 
List No 4*.  

RO–b1–DE–3 

Subject: Transportation of packaged hazardous waste. 

Reference to Annex I.1. to this Directive: Parts 1 to 5 

Content of the Annex to the Directive: Classification, packaging and marking. 

Content  of  the  national  legislation:  Classes  2  to  6.1,  8  and  9:  Combined  packaging  and 
transportation  of  hazardous  waste  in  packs  and  IBCs;  waste  must  be  packaged  in  internal 
packagings  (as  collected)  and  categorised  in  specific  waste  groups  (avoidance  of  dangerous 
reactions  within  a  waste  group);  use  of  special  written  instructions  relating  to  the  waste 
groups and as a waybill; collection of domestic and laboratory waste, etc. 

Initial  reference  to  the  national  legislation:  Gefahrgut-Ausnahmeverordnung  -  GGAV  2002 
vom 06.11.2002 (BGBl. I S. 4350), geändert durch Artikel 2 der Verordnung vom 28.04.2003 
(BGBl. I S. 595); Ausnahme 20. 

Comments: List No 6*.  

EN 

41 

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DK Denmark 

RO–b1–DK–1 

Subject: UN 1202, 1203, 1223 and Class 2 – no transport document. 

Reference to Annex I.1. to this Directive: 5.4.1. 

Content of the Annex to the Directive: Transport document needed. 

Content  of  the  national  legislation:  When  transporting  mineral  oil  products  in  Class  3,  UN 
1202,  1203  and  1223  and  gases  in  Class  2  in  connection  with  distribution  (goods  to  be 
delivered to two or more recipients and collection of returned goods in similar situations), a 
transport  document  is  not  required  provided  the  instructions  in  writing,  besides  the 
information requested in ADR, contain information about the UN-No., name and class. 

Initial  reference  to  the  national  legislation:  Bekendtgørelse  nr.  729  af  15/08/2001  om 
vejtransport af farligt gods. 

Comments:  The  reason  for  having  the  above  mentioned  national  derogation  is  that  the 
development of electronic equipment makes it possible for e.g. the oil companies using such 
equipment to transmit continuously to the vehicles information about the customers. As this 
information is not available at the beginning of the transport operation and will be forwarded 
to the vehicle during the transport journey, it is not possible – before the transport begins – to 
draw up the transport documents. These kinds of transport are restricted to limited areas. 
Currently a derogation for Denmark for a similar provision under Article 6(10). 

EL Greece 

RO–b1–EL–1 

Subject: Derogation on safety requirements for fixed tanks (tank-vehicles), registered before 
31/12/2001, for the local transport or small quantities of some categories of dangerous goods. 

Reference to Annex I.1. to this Directive: 1.6.3.6, 6.8.2.4.2, 6.8.2.4.3, 6.8.2.4.4, 6.8.2.4.5, 
6.8.2.1.17-6.8.2.1.22, 6.8.2.1.28, 6.8.2.2, 6.8.2.2.1, 6.8.2.2.2. 

Content  of  the  Annex  to  the  Directive:  Requirements  for  construction,  equipment,  type 
approval, inspections and tests, and marking of fixed tanks (tank-vehicles), demountable tanks 
and tank containers and tank swap bodies, with shells made of metallic materials, and battery-
vehicles and multiple element gas containers (MEGCs). 

Content  of  the  national  legislation:  Transitional  provision:  Fixed  tanks  (tank-vehicles), 
demountable  tanks  and  tank  containers  first  registered  in  Greece  between  01/01/1985  and 
31/12/2001 may still be in use until 31/12/2010. This transitional provision concerns vehicles 
for  the  transport  of  the  following  dangerous  materials  (UN:  1202,  1268,  1223,  1863,  2614, 
1212, 1203, 1170, 1090, 1193, 1245, 1294, 1208, 1230, 3262, 3257). It is intended to cover 
small quantities or local transport for vehicles registered at the above referenced period. This 
transitional provision will be in force for tank vehicles adapted according to: 

1. 

ADR  paragraphs  for  inspection  and  tests:  6.8.2.4.2,  6.8.2.4.3,  6.8.2.4.4,  6.8.2.4.5, 
(ADR 1999: 211.151, 211.152, 211.153, 211.154). 

EN 

42 

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2. 

3. 

4. 

Minimum  shell  thickness  3  mm  for  tanks  with  shells  compartment  capacity  up  to 
3500 lt, and at least 4 mm thickness of mild steel for tanks with compartments with 
capacity up to 6000 lt, regardless the type or thickness of the partitions. 

If  the  material  used  is  aluminium  or  another  metal,  tanks  should  fulfil  the 
requirements for thickness and other technical specifications deriving from technical 
drawings approved by the local authority of the country where they were previously 
registered. In the absence of technical drawings, tanks should fulfil the requirements 
of paragraph 6.8.2.1.17 (211.127). 

Tanks  should  fulfil  the  requirements  of  marginal  paragraphs  211.128,  6.8.2.1.28 
(211.129),  paragraph  6.8.2.2  with  sub-paragraphs  6.8.2.2.1  and  6.8.2.2.2  (211.130, 
211.131). 

More precisely, tank-vehicles with mass less than 4 t used for local transport of gas oil only 
(UN 1202), first registered before 31/12/2002, whose shell thickness is less than 3mm, they 
are  permitted  to  be  in  use  only  if  they  are  transformed  according  to  the  marginal  211.127 
(5)b4 (6.8.2.1.20). 

Initial reference to the national legislation: Τεχνικές Προδιαγραφές κατασκευής, εξοπλισμού και 
ελέγχων  των  δεξαμενών  μεταφοράς  συγκεκριμένων  κατηγοριών  επικινδύνων  εμπορευμάτων  για 
σταθερές  δεξαμενές  (οχήματα-δεξαμενές),  αποσυναρμολογούμενες  δεξαμενές  που  βρίσκονται  σε 
κυκλοφορία.  (Requirements  for  construction,  equipment,  inspections  and  tests  of  fixed  tanks 
(tank-vehicles)  and  demountable  tanks  in  circulation,  for  some  categories  of  dangerous 
goods.) 

RO-b1–EL–2 

Subject:  Derogation  on  base  vehicle  construction  requirements,  regarding  vehicles  intended 
for the local transport of dangerous goods first registered before 31 December 2001. 

Reference to Annex I.1. to this Directive: ADR 2001: 9.2, 9.2.3.2, 9.2.3.3. 

Content  of  the  Annex  to  the  Directive:  Requirements  concerning  the  construction  of  Base 
Vehicles. 

Content of the national legislation: The derogation applies to vehicles intended for the local 
transport  of  dangerous  goods  (categories  UN  1202,  1268,  1223,  1863,  2614,  1212,  1203, 
1170, 1090, 1193, 1245, 1294, 1208, 1230, 3262 and 3257) which were first registered before 
31 December 2001. 

The above-mentioned vehicles shall comply with the requirements of Chapter 9 (paragraphs 
9.2.1 to 9.2.6) of Annex B to the Directive 94/55/EC with the following deviations. 

Compliance with the requirements of paragraph 9.2.3.2 is necessarily only if the vehicle has 
been equipped with an anti-lock braking system by the manufacturer, it must be fitted with an 
endurance  braking  system  as  defined  in  paragraph  9.2.3.3.1.,  but  not  necessarily  complying 
with paragraphs 9.2.3.3.2. and 9.2.3.3.3. 

EN 

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The  electrical  supply  to  the  tachograph  shall  be  provided  via  a  safety  barrier  connected 
directly to the battery (marginal 220 514) and the electrical equipment of the mechanism for 
lifting  a  bogie  axle  shall  be  installed  where  it  has  first  been  installed  by  the  vehicle 
manufacturer and must be protected in an appropriate sealed housing (marginal 220 517). 

Specifically,  tank-vehicles  with  a  maximum  mass  of  less  than  4  tonnes  intended  for  local 
transport of diesel-heating oil (UN: 1202) shall comply with the requirements of paragraphs 
9.2.2.3, 9.2.2.6, 9.2.4.3 and 9.2.4.5. but not necessarily with the other ones. 

Initial  reference  to  the  national  legislation:  Τεχνικές  Προδιαγραφές  ήδη  κυκλοφορούντων 
οχημάτων  που  διενεργούν  εθνικές  μεταφορές  ορισμένων  κατηγοριών  επικινδύνων  εμπορευμάτων. 
(Technical  requirements  of  vehicles  already  in  use,  intended  for  local  transport  of  certain 
dangerous goods categories.) 

Comments: The number of the above-mentioned vehicles is small, when compared with the 
total  number  of  vehicles  already  registered  and  in  addition  they  are  intended  for  local 
transport only. The form of the derogation requested, the size of the vehicle fleet in question 
and the type of goods transported do not create a road safety problem. 

ES Spain 

RO–b1–ES–1 

Subject: Special equipment for distribution of anhydrous ammonia. 

Reference to Annex I.1. to this Directive: 6.8.2.2.2. 

Content of the Annex to the Directive: In order to avoid any loss of contents in the event of 
damage to the external fittings (pipes, lateral shut-off devices), the internal stop valve and its 
seating must be protected against the danger of being wrenched off by external stresses or be 
so designed as to resist such stresses. The filling and discharge devices (including flanges or 
threaded  plugs)  and  protective  caps  (if  any)  must  be  capable  of  being  secured  against  any 
unintended opening. 

Content of the national legislation: Tanks used for agricultural purposes for the distribution 
and  application  of  anhydrous  ammonia  which  were  brought  into  service  before  1  January 
1992 may be equipped with external, instead of internal, safety fittings,  provided they offer 
protection at least equivalent to the protection provided by the wall of the tank. 

Initial reference to the national legislation: Real Decreto 2115/1998. Anejo 1. Apartado 3. 

Comments: Before 1 January 1992 a type of tank equipped with external safety fittings was 
used exclusively  in agriculture to apply anhydrous ammonia  directly  onto the land. Various 
tanks of this kind are still in use today. They are rarely driven, laden, on the road, but are used 
solely for fertiliser-spreading on large farms.  

EN 

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FI Finland 

RO–b1–FI–1 

Subject: Modification of information in the transport document for explosive substances. 

Reference to Annex I.1. to this Directive: 5.4.1.2.1 (a) 

Content of the Annex to the Directive: Special provisions for Class 1. 

Content  of  the  national  legislation:  In  the  transport  document,  it  is  permissible  to  use  the 
number of detonators (1 000 detonators correspond to 1 kg explosives) instead of the actual 
net mass of explosive substances. 

Initial  reference  to  the  national  legislation:  Liikenne-  ja  viestintäministeriön  asetus 
vaarallisten aineiden kuljetuksesta tiellä (277/2002; 313/2003). 

Comments: The information is considered sufficient for national transport. This derogation is 
used mainly for the blasting industry in respect of small amounts in local transport.  
Derogation is registered by the European Commission as No 31.  

FR France 

RO–b1–FR–1 

Subject:  Utilisation  of  maritime  document  as  transport  document  for  short-distance  trips 
following unloading of vessel. 

Reference to Annex I.1. to this Directive: 5.4.1 

Content  of  the  Annex  to  the  Directive:  Information  to  appear  in  the  document  used  as 
transport document for hazardous goods. 

Content  of  the  national  legislation:  The  maritime  document  is  used  as  transport  document 
within a radius of 15 km. 

Initial  reference  to  the  national  legislation:  Arrêté  du  1er  juin  2001  relatif  au  transport  de 
marchandises  dangereuses  par  route  (Decree  of  1  June  2001  on  the  transport  of  hazardous 
goods by road, «ADR-Decree») - Article 23-4. 

RO–b1–FR–2 

Subject: Transport of Class 1 articles together with hazardous materials in other classes (91). 

Reference to Annex I.1. to this Directive: 7.5.2.1. 

Content of the Annex to the Directive: Prohibition as regards loading of parcels with different 
hazard labels together. 

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45 

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Content of the national legislation: Possibility of transporting simple or assembled detonators 
and goods not in Class 1 together, subject to certain conditions and for distances less than or 
equal to 200 km in France. 

Initial  reference  to  the  national  legislation:  Arrêté  du  1er  juin  2001  relatif  au  transport  de 
marchandises  dangereuses  par  route  (Decree  of  1  June  2001  on  the  transport  of  hazardous 
goods by road, «ADR-Decree») - Article 26. 

RO–b1–FR–3 

Subject: Transport of fixed LPG storage tanks (18). 

Reference to Annex I.1. to this Directive: Annexes A and B. 

Content  of  the  national  legislation:  The  transport  of  fixed  LPG  storage  tanks  is  subject  to 
specific rules. Applicable only to short distances. 

Initial  reference  to  the  national  legislation:  Arrêté  du  1er  juin  2001  relatif  au  transport  de 
marchandises  dangereuses  par  route  (Decree  of  1  June  2001  on  the  transport  of  hazardous 
goods by road, «ADR-Decree») - Article 30. 

RO–b1–FR–4 

Subject: Specific conditions relating to driver training and the approval of vehicles used for 
agricultural transport (short distances). 

Reference to Annex I.1. to this Directive: 6.8.3.2; 8.2.1 and 8.2.2  

Content of the Annex to the Directive: Tank equipment and driver training. 

Content of the national legislation: 
Specific provisions concerning the approval of vehicles. 
Special training for drivers. 

Initial  reference  to  the  national  legislation:  Arrêté  du  1er  juin  2001  relatif  au  transport  de 
marchandises  dangereuses  par  route  (Decree  of  1  June  2001  on  the  transport  of  hazardous 
goods by road, «ADR-Decree») - Article 29-2 - Annex D4. 

IE Ireland 

RO-b1–IE–1 

Subject: Exemption from the requirement of 5.4.1.1.1, to have (i) the names and addresses of 
the consignees, (ii) the number and description of the packages, and (iii) the total quantity of 
dangerous  goods  in  the  transport  document,  where  kerosene,  diesel  fuel  or  liquefied 
petroleum  gas  bearing  the  respective  substance  identification  numbers  UN  1223,  UN  1202 
and UN 1965 are being carried to the end user. 

Reference to Annex I.1. to this Directive: 5.4  

Content of the Annex to the Directive: Documentation. 

EN 

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Content  of  the  national  legislation:  Where  kerosene,  diesel  fuel  or  liquefied  petroleum  gas, 
bearing the respective substance identification numbers UN 1223, UN 1202 and UN 1965 as 
specified in Appendix B.5 of Annex B to the ADR, are being carried to the end user, it is not 
necessary to include the name and address of the consignee, the number and description of the 
packages, Intermediate Bulk Containers or receptacles, or the total quantity being carried, on 
the transport unit. 

Initial reference to the national legislation: Regulation 82(2) of the ‘Carriage of Dangerous 
Goods by Road Regulations, 2004’. 

Comments: In the case of delivery of home heating oil to domestic customers, it is a common 
practice to ‘top up’ the customer’s storage tank – hence the actual delivery is unknown and 
also the number of customers (in any one run) is also unknown at the time the loaded tanker 
begins its journey. In the case of delivery of cylinders of LPG to households, it is a common 
practice to replace empty cylinders with full ones – hence the number of customers and their 
individual consignments are unknown at the beginning of the transport operation.  

RO–b1–IE–2 

Subject: Exemption to allow the transport document, required in 5.4.1.1.1, to be that for the 
last load in the case of the transport of empty uncleaned tanks. 

Reference to Annex I.1. to this Directive: 5.4 

Content of the Annex to the Directive: Documentation. 

Content of the national legislation: In the case of the carriage of empty uncleaned tanks, the 
transport document for the last load is sufficient. 

Initial reference to the national legislation: Regulation 82(3) of the ‘Carriage of Dangerous 
Goods by Road Regulations, 2004’. 

Comments: Particularly in the case of delivery of petrol and/or diesel fuel to petrol stations, 
the road tanker returns directly to the oil depot (to be loaded up again for the next deliveries) 
immediately after delivery of the last load.  

RO–b1–IE–3 

Subject:  Exemption  to  allow  the  loading  and  unloading  of  dangerous  goods,  to  which  the 
special  provision  CV1  in  7.5.11  or  S1  in  8.5  is  assigned,  in  a  public  place  without  special 
permission from the competent authorities. 

Reference to Annex I.1. to this Directive: 7.5 and 8.5 

Content  of  the  Annex  to  the  Directive:  Additional  provisions  concerning  loading,  unloading 
and handling. 

Content  of  the  national  legislation:  Loading  and  unloading  of  dangerous  goods  in  a  public 
place  is  permitted  without  special  permission  from  the  competent  authority,  in  derogation 
from the requirements of 7.5.11 or 8.5. 

EN 

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Initial reference to the national legislation: Regulation 82(5) of the ‘Carriage of Dangerous 
Goods by Road Regulations, 2004’. 

Comments: For national transport within the state, this provision places a very onerous burden 
on the competent authorities. 

RO–b1–IE–4 

Subject:  Exemption  to  permit  the  transport  of  Emulsion  Explosive  Matrix,  with  substance 
identification number UN 3375, in tanks. 

Reference to Annex I.1. to this Directive: 4.3 

Content of the Annex to the Directive: Use of tanks, etc. 

Content of the national legislation: The carriage of Emulsion Explosive Matrix, bearing the 
substance identification number UN 3375, is permitted in tanks. 

Initial reference to the national legislation: Regulation 82(6) of the ‘Carriage of Dangerous 
Goods by Road Regulations, 2004’. 

Comments: The matrix, although classified as a solid, is not in a powdery or granular form.  

RO–b1–IE–5 

Subject:  Exemption  from  the  ‘mixed  loading  prohibition’  of  7.5.2.1  for  articles  of 
Compatibility Group B and substances and articles of Compatibility Group D on same vehicle 
with dangerous goods, in tanks, of Classes 3, 5.1 and 8. 

Reference to Annex I.1. to this Directive: 7.5 

Content  of  the  Annex  to  the  Directive:  Provisions  concerning  loading,  unloading  and 
handling. 

Content of the national legislation: Packages containing articles of Compatibility Group B of 
ADR  Class  1  and  packages  containing  substances  and  articles  of  Compatibility  Group  D  of 
ADR Class 1 may be carried on the same vehicle with dangerous goods of ADR Classes 3, 
5.1  or  8  provided  (a)  the  said  packages  of  ADR  Class  1  are  carried  in  separate 
containers/compartments  of  a  design  approved,  and  under  the  conditions  required,  by  the 
competent  authority,  and  (b)  the  said  substances  of  ADR  Classes  3,  5.1  or  8  are  carried  in 
vessels  meeting  the  requirements  of  the  competent  authority  as  regards  their  design, 
construction, testing, examination, operation and use. 

Initial reference to the national legislation: Regulation 82(7) of the ‘Carriage of Dangerous 
Goods by Road Regulations, 2004’. 

Comments: To permit, under conditions approved by the competent authority, the loading of 
articles  and  substances  of  Class  1  Compatibility  Groups  B  and  D  on  the  same  vehicle  with 
dangerous goods, in tanks, of Classes 3, 5.1 and 8 – i.e. ‘Pump Trucks’.  

EN 

48 

   EN 

 
RO–b1–IE–6 

Subject:  Exemption  from  requirement  in  4.3.4.2.2,  which  requires  flexible  filling  and 
discharge pipes that are not permanently connected to the shell of a tank-vehicle to be empty 
during transport. 

Reference to Annex I.1. to this Directive: 4.3 

Content of the Annex to the Directive: Use of tank-vehicles. 

Content of the national legislation: Flexible hose reels (including fixed pipelines  associated 
with them) attached to tank-vehicles engaged in the retail distribution of petroleum products 
with  substance  identification  numbers  UN  1202,  UN  1223,  UN  1011  and  UN  1978  are  not 
required  to  be  empty  during  carriage  by  road,  provided  adequate  measures  are  taken  to 
prevent any loss of contents. 

Initial reference to the national legislation: Regulation 82(8) of the ‘Carriage of Dangerous 
Goods by Road Regulations, 2004’. 

Comments: Flexible hoses fitted to home delivery tank-vehicles must remain full at all times 
even during transport. The discharge system is known as a ‘wet-line’ system that requires the 
tank-vehicle’s meter and hose to be primed so as to ensure the customer receives the correct 
quantity of product.  

RO–b1–IE–7 

Subject:  Exemption  from  some  requirements  of  Chapters  5.4.0,  5.4.1.1.1  and  7.5.11  of  the 
ADR  for  the  transport  in  bulk  of  Ammonium  Nitrate  Fertilizer  UN  2067  from  ports  to 
consignees. 

Reference to Annex I.1. to this Directive: 5.4.0, 5.4.1.1.1 and 7.5.11 

Content  of  the  Annex  to  the  Directive:  The  requirement  for  a  separate  transport  document, 
with the correct total quantity for the particular load included, for each transport journey; and 
the requirement for the vehicle to be cleaned before and after the journey. 

Content  of  the  national  legislation:  Proposed  derogation  to  allow  modifications  to  ADR 
requirements  on  the  transport  document  and  vehicle  cleaning;  to  take  account  of  the 
practicalities of bulk transport from port to consignee. 

Initial reference to the national legislation: Proposed amendment to ‘Carriage of Dangerous 
Goods by Road Regulations, 2004’. 

Comments:  The  ADR  provisions  require  (a)  a  separate  transport  document,  containing  the 
total  mass  of  dangerous  goods  carried  for  the  particular  load,  and  (b)  the  Special  Provision 
‘CV24’  on  cleaning  for  each  and  every  load  being  transported  between  the  port  and  the 
consignee during the unloading of a bulk ship. As the transport is local and as it concerns the 
unloading of a bulk ship, involving multiple transport loads [on the same or consecutive days] 
of the same substance between the bulk ship and the consignee, a single transport document, 
with an approximate total mass of each load, should suffice and it should not be necessary to 
require the Special Provision ‘CV24’. 

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LT Lithuania 

RO–b1–LT–1 

Subject: Adoption of RO–b1–EL–1. 

Initial reference to national legislation: Lietuvos Respublikos Vyriausybės 2000 m. kovo 23 
d. nutarimas Nr. 337 “Dėl pavojingų krovinių vežimo kelių transportu Lietuvos Respublikoje” 
(Government  resolution  No.  337  on  the  Transport  of  Dangerous  Goods  by  Road  in  the 
Republic of Lithuania, adopted on 23 March 2000). 

RO–b1–LT–2 

Subject: Adoption of RO–b1–EL–2. 

Initial reference to the national legislation: Lietuvos Respublikos Vyriausybės 2000 m. kovo 
23  d.  nutarimas  Nr.  337  “Dėl  pavojingų  krovinių  vežimo  kelių  transportu  Lietuvos 
Respublikoje”  (Government  resolution  No.  337  on  the  Transport  of  Dangerous  Goods  by 
Road in the Republic of Lithuania, adopted on 23 March 2000). 

NL The Netherlands 

RO–b1–NL–1 

Subject: Scheme for the transport of domestic hazardous waste 2002. 

Reference to Annex I.1. to this Directive: 1.1.3.6; 3.3; 4.1.4; 4.1.6; 4.1.8; 4.1.10; 5.2.2; 5.4.0; 
5.4.1; 5.4.3; 7.5.4; 7.5.7; 8.1.2.1, subsections a) and b); 8.1.5, subsection c); 8.3.6. 

Content of the Annex to the Directive: 

1.1.3.6: Exemptions in connection with the transported quantities per transport unit. 

3.3: Special provisions applicable to specified substances or objects. 

4.1.4: List with packing instructions; 4.1.6: Special packaging requirements for Class 2 goods; 
4.1.8: Special packaging requirements for infectious substances; 4.1.10: Special requirements 
for collective packaging. 

5.2.2: Labelling of transport packages; 5.4.0: Any goods transported under the ADR scheme 
must  be  accompanied  by  the  documentation  prescribed  in  this  chapter,  where  applicable, 
unless an exemption has been granted under points 1.1.3.1. to 1.1.3.5; 5.4.1: Transit document 
for dangerous goods along with related information; 5.4.3: written instructions. 

7.5.4: Precautions with regard to food, other articles of consumption and animal feedingstuffs; 
7.5.7: Handling and stowage. 

8.1.2.1: In addition to the documentation required by law, the following documents must be 
carried on board the transport unit: a. the transit documents referred to in 5.4.1. and covering 
all the dangerous goods transported and, where applicable, the container loading certificate as 
stipulated in point 5.4.2; b. the written instructions as set out in point 5.4.3, relating to all the 

EN 

50 

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dangerous  goods  transported;  8.1.5:  Each  transport  unit  carrying  dangerous  goods  must  be 
fitted  with:  c.  the  equipment  needed  to  permit  the  carrying-out  of  the  supplementary  and 
special  measures  as  indicated  in  the  written  instructions  referred  to  in  point  5.4.3.  8.3.6: 
Leaving the engine running during loading and unloading. 

The following sections of the ADR shall not apply: 

a. 

b. 

c. 

d. 

e. 

f. 

1.1.3.6; 

3.3; 

4.1.4; 4.1.6; 4.1.8; 4.1.10; 

5.2.2; 5.4.0; 5.4.1; 5.4.3; 

7.5.4; 7.5.7; 

8.1.2.1. subsections a) and b); 8.1.5. subsection c); 8.3.6. 

Initial reference to the national legislation: Artikel 3 van de Regeling vervoer huishoudelijk 
gevaarlijk afval 2002. 

Comments:  The  scheme  has  been  designed  in  such  a  way  as  to  enable  private  citizens  to 
present ‘small chemical waste’ at a single location. This applies to residual substances such as 
dye waste, for instance. The danger level is minimised by the choice of means of transport, 
involving,  inter  alia,  the  use  of  special  transport  elements  and  ‘no  smoking’  notices  clearly 
visible to members of the public. 

In  view  of  the  limited  quantities  offered  and  the  specialised  nature  of  the  packaging,  this 
article  excludes  a  number  of  sections  of  the  ADR.  Supplementary  rules  are  laid  down 
elsewhere in the scheme. 

RO–b1–NL–2 

Subject: Scheme for transport of domestic hazardous waste 2002. 

Reference to Annex I.1. to this Directive: 1.1.3.6. 

Content  of  the  Annex  to  the  Directive:  Exemptions  in  connection  with  the  transported 
quantities per transport unit. 

Content of the national legislation: 

The  attendant's  certificate  of  professional  competence  and  the  note  referred  to  in  Article 
16(1)(b) are both on board the vehicle. The vehicle attendant holds the ‘transport of hazardous 
waste’ qualification issued by the CCV (Drivers' Certification Board). 

Initial reference to the national legislation: Artikel 10, onderdeel a, en 16, onderdeel b, van 
de Regeling vervoer huishoudelijkgevaarlijk afval 2002. 

EN 

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Comments:  Because  of  the  wide  range  of  domestic  hazardous  waste  involved,  the  transport 
operator  must  have  a  certificate  of  professional  competence,  notwithstanding  the  small 
quantities of waste presented. An additional requirement is for the transport operator to have 
been issued with a qualification for the transport of hazardous waste. 

One of the reasons for this is to ensure that the transport operator does not, for instance, pack 
acids and bases together and knows how to respond properly to incidents. 

RO–b1–NL–3 

Subject: Scheme for the transport of domestic hazardous waste 2002. 

Reference to Annex I.1. to this Directive: 1.1.3.6. 

Content  of  the  Annex  to  the  Directive:  Exemptions  in  connection  with  the  transported 
quantities per transport unit. 

Content of the national legislation:  

The  following  are  present  on  board  the  vehicle:  b.  written  instructions  and  information 
compiled in accordance with the annex to the act setting up the scheme. 

Initial  reference  to  the  national  legislation:  Artikel  10b  van  de  Regeling  vervoer 
huishoudelijk gevaarlijk afval 2002. 

Comments:  As  the  scheme  excludes  exemption  from  section  1.1.3.6.  of  the  ADR  scheme, 
written instructions must also accompany small quantities. This is deemed necessary because 
of the wide range of hazardous waste presented and the fact that those presenting the waste 
(private citizens) are unfamiliar with the danger level involved. 

RO–b1–NL–4 

Subject: Scheme for the transport of domestic hazardous waste 2002. 

Reference to Annex I.1. to this Directive: 6.1 

Content  of  the  Annex  to  the  Directive:  Provisions  on  the  construction  and  testing  of 
packaging. 

Content of the national legislation:  

1. 

The  domestic  hazardous  waste  is  to  be  presented  only  in  hermetically  sealed 
packaging that is appropriate for the substance in question, and: 

(a) 

(b) 

for  objects  coming  under  category  6.2:  packaging  guaranteed  not  to  cause 
injury upon presentation; 

for  domestic  hazardous  waste  of  industrial  origin:  a  box  having  a  capacity  of 
not more than 60 litres, in which the waste substances are separated according 
to danger category (kga-box). 

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2. 

3. 

4. 

The packaging is free, on the outside, from domestic hazardous waste. 

The name of the substance is indicated on the packaging. 

For each collection, only one box within the meaning of point 1, subsection b, will be 
accepted. 

Initial reference to the national legislation: Artikel 6 van de Regeling vervoer huishoudelijk 
gevaarlijke afval 2002. 

Comments:  This  article  results  from  Article  3  in  which  particular  sections  of  the  ADR  are 
declared  non-applicable.  Under  this  scheme,  there  is  no  need  for  approved  packaging  as 
provided for in section 6.1. of the ADR. This is because of the limited quantities of dangerous 
substances  involved.  Instead,  a  number  of  rules  are  laid  down  in  the  article,  including  a 
requirement to the effect that the hazardous substances be delivered in sealed containers so as 
to prevent seepage from the packaging. 

RO–b1–NL–5 

Subject: Scheme for the transport of domestic hazardous waste 2002. 

Reference to Annex I.1. to this Directive: 6.1 

Content  of  the  Annex  to  the  Directive:  Provisions  on  the  construction  and  testing  of 
packaging. 

Content of the national legislation:  

The vehicle has a load compartment that is separated from the driver's compartment by a solid 
thick wall or, alternatively, a load compartment that is not an integral part of the vehicle. 

Initial  reference  to  the  national  legislation:  Artikel  7,  tweede  lid,  van  de  Regeling  vervoer 
huishoudelijk gevaarlijk afval 2002. 

Comments: Under this scheme, it is not necessary to have an approved packaging as stipulated 
in section 6.1. of the ADR. This is because of the limited quantities of dangerous substances 
involved.  Accordingly,  this  article  contains  an  additional  requirement  designed  to  prevent 
toxic fumes from leaking into the driver's compartment. 

RO–b1–NL–6 

Subject: Scheme for the transport of domestic hazardous waste 2002. 

Reference to Annex I.1. to this Directive: 6.1 

Content  of  the  Annex  to  the  Directive:  Provisions  on  the  construction  and  testing  of 
packaging. 

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Content of the national legislation:  

The  load  compartment  of  a  closed  vehicle  has  an  air  extractor  at  the  top,  which  is  kept 
permanently on, and is fitted with apertures underneath. 

Initial  reference  to  the  national  legislation:  Artikel  8,  eerste  lid,  van  de  Regeling  vervoer 
huishoudelijk gevaarlijk afval 2002. 

Comments:  Under  this  scheme,  it  is  not  necessary  to  have  an  approved  packaging  as 
stipulated in section 6.1. of the ADR. This is because of the limited quantities of dangerous 
substances involved. Accordingly, this article contains an additional requirement designed to 
prevent the accumulation of toxic fumes in the load compartment. 

RO–b1–NL–7 

Subject: Scheme for the transport of domestic hazardous waste 2002. 

Reference to Annex I.1. to this Directive: 6.1. 

Content  of  the  Annex  to  the  Directive:  Provisions  on  the  construction  and  testing  of 
packaging. 

Content of the national legislation:  

1. 

The vehicle is fitted with units which, during transport: 

(a) 

are protected against accidental displacement; and 

(b) 

are sealed with a lid and protected against accidental opening. 

2. 

3. 

Point 1, subsection b, is not applicable during transit for collection purposes or when 
the vehicle is stationary on its collection rounds. 

A sufficiently large clearance zone should be set aside in the vehicle so as to enable 
the domestic hazardous waste to be sorted and deposited in the different units. 

Initial  reference  to  the  national  legislation:  Artikel  9,  eerste,  tweede  en  derde  lid,  van  de 
Regeling vervoer huishoudelijk gevaarlijk afval 2002. 

Comments: Under this scheme, it is not necessary to have an approved packaging as stipulated 
in section 6.1. of the ADR. This is because of the limited quantities of dangerous substances 
involved. This article seeks to provide a single guarantee through the use of units for storing 
the  packagings,  thereby  ensuring  an  appropriate  method  of  storage  for  each  category  of 
dangerous goods. 

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RO–b1–NL–8 

Subject: Scheme for transport of domestic hazardous waste 2002. 

Reference to Annex I.1. to this Directive: 6.1 

Content  of  the  Annex  to  the  Directive:  Provisions  on  the  construction  and  testing  of 
packaging. 

Content of the national legislation:  

1. 

2. 

3. 

4. 

5. 

6. 

Domestic hazardous waste is exclusively transported in elements. 

There is a separate element for substances and objects in each class. 

With regard to Class 8 substances and objects, there are separate elements for acids, 
bases and batteries. 

Spray cans may be placed in closable cardboard boxes provided that these boxes are 
transported in accordance with Article 9(1). 

If  Class  2  fire  extinguishers  have  been  collected,  they  may  be  placed  in  the  same 
element as spray cans not packed in cardboard boxes. 

By  derogation  from  Article  9(1),  no  lid  is  required  for  the  transport  of  batteries, 
provided  that  they  are  placed  in  the  element in  such  a  way  that  all  of  the  batteries' 
openings are closed off and face upward. 

Initial reference to the national legislation: Artikel 14 van de Regeling vervoer huishoudelijk 
gevaarlijke afval 2002. 

Comments:  This  article  results  from  Article  3  in  which  particular  sections  of  the  ADR  are 
declared  non-applicable.  Under  this  scheme,  there  is  no  need  for  approved  packaging  as 
provided for in section 6.1. of the ADR. This article lays down requirements for the elements 
in which domestic hazardous waste is temporarily stored. 

RO–b1–NL–9  

Subject: Scheme for transport of domestic hazardous waste 2002. 

Reference to Annex I.1. to this Directive: 6.1. 

Content  of  the  Annex  to  the  Directive:  Provisions  on  the  construction  and  testing  of 
packaging. 

Content of the national legislation:  

1. 

The  elements,  or  boxes  intended  for  transport  of  spray  cans,  should  be  clearly 
marked as follows: 

(a) 

for  Class  2  sprays  collected  in  cardboard  boxes:  the  word  ‘SPUITBUSSEN’ 
[spray cans]; 

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(b) 

for Class 2 fire extinguishers and spray cans: label No 2.2; 

(c) 

for Class 3 fire extinguishers and spray cans: label No 3; 

(d) 

for Class 4.1. paint waste: label No 4.1; 

(e) 

for Class 6.1. noxious substances: label No 6.1; 

(f) 

for Class 6.2. objects: label No 6.2; 

(g) 

for Class 8 caustic substances and objects: label No 8; and furthermore: 

(h) 

for alkaline substances: the word ‘BASEN’ [bases]; 

(i) 

for acidic substances: the word ‘ZUREN’ [acids]; 

(j) 

for batteries: the word ‘ACCU'S’ [batteries]. 

2. 

The  same  labels  and  texts  are  visibly  displayed  on  the  closable  spaces  within  the 
vehicle where the elements may be placed. 

Initial reference to the national legislation: Artikel 15 van de Regeling vervoer huishoudelijk 
gevaarlijke afval 2002. 

Comments:  This  article  results  from  Article  3  in  which  particular  sections  of  the  ADR  are 
declared  non-applicable.  Under  this  scheme,  there  is  no  need  for  approved  packaging  as 
provided  for  in  section  6.1.  of  the  ADR.  This  article  lays  down  requirements  for  the 
identification of elements in which domestic hazardous waste is temporarily stored. 

RO–b1–NL–10 

Subject: Scheme for transport of domestic hazardous waste 2002. 

Reference to Annex I.1. to this Directive: 7.5.4. 

Content  of  the  Annex  to  the  Directive:  Precautions  with  regard  to  food,  other  articles  of 
consumption and animal feedingstuffs. 

Content of the national legislation:  

1.  The  transport  of  food  for  humans  and  animal  feedingstuffs  at  the  same  time  as  domestic 
hazardous waste is prohibited. 

2. The vehicle must be stationary during collection. 

3. An amber flashing light must be operated on the vehicle while it is moving or stationary for 
collection. 

4.  During  collection  at  a  fixed  location,  indicated  for  this  purpose,  the  engine  must  be 
switched off and, by derogation from point 3, the flashing light may be switched off. 

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Initial reference to the national legislation: Artikel 13 van de Regeling vervoer huishoudelijk 
gevaarlijk afval 2002. 

Comments: The prohibition in section 7.5.4. of the ADR is extended here because, given the 
wide range of substances presented, there is virtually always a Class 6.1. substance present. 

RO–b1–NL–11 

Subject: Scheme for the transport of domestic hazardous waste 2002. 

Reference to Annex I.1. to this Directive: 7.5.9. 

Content of the Annex to the Directive: Ban on smoking. 

Content  of  the  national  legislation:  ‘No  smoking’  notices  must  be  clearly  displayed  on  the 
sides and at the rear of the vehicle. 

Initial  reference  to  the  national  legislation:  Artikel  9,  vierde  lid,  van  de  Regeling  vervoer 
huishoudelijk gevaarlijk afval 2002. 

Comments:  Because  the  scheme  covers  the  presentation  of  dangerous  substances  by  private 
citizens, Article 9.4. stipulates that a ‘no smoking’ notice must be clearly displayed. 

RO–b1–NL–12 

Subject: Scheme for transport of domestic hazardous waste 2002. 

Reference to Annex I.1. to this Directive: 8.1.5. 

Content of the Annex to the Directive: Equipment of various types. 

Every transport unit carrying hazardous goods must be fitted with: 

(a) 

(b) 

at least one stop block for each vehicle of a size appropriate to the vehicle's weight 
and the diameter of the wheels; 

the  equipment  necessary  to  carry  out  the  general  measures  indicated  in  the  safety 
instructions referred to in 5.4.3, in particular: 

–  two  separate  upright  warning  signals  (e.g.  reflective  cones,  emergency  warning 
triangles, or flashing amber lights that are independent of the vehicle's  electrical 
installation); 

–  a  good  quality  safety  jacket  or  safety  clothing  (e.g.  as  described  in  European 

standard EN 471) for every crew member; 

–  a hand-held torch (see also 8.3.4) for every crew member; 

–  protective breathing equipment in accordance with additional requirement S7 (see 
chapter  8.5)  if  this  additional  provision  is  applicable  in  accordance  with  the 
indication in column 19 of table A of chapter 3.2; 

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(c) 

the equipment necessary to carry out the additional and special measures as indicated 
in the written instructions referred to in 5.4.3. 

Content  of  the  national  legislation:  A  safety  kit  is  carried  on  board  within  reach  for  each 
member of crew, comprising the following: 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

fully sealing safety goggles; 

protective breathing mask; 

acid-resistant, acid-proof overalls or apron; 

synthetic-rubber gloves; 

acid-proof, acid-resistant boots or safety shoes; and 

an eye rinse bottle with distilled water. 

Initial reference to the national legislation: Artikel 11 van de Regeling vervoer huishoudelijk 
gevaarlijk afval 2002. 

Comments: Because of the wide range of hazardous substances presented, extra requirements 
are  imposed  on  mandatory  safety  equipment  over  and  above  those  of  section  8.1.5.  of  the 
ADR. 

SE Sweden 

RO–b1–SE–1 

Subject: Carriage of hazardous waste to hazardous waste disposal plants. 

Reference to Annex I.1. to this Directive: 2, 5.2 and 6.1. 

Content of the Annex to the Directive: Classification, marking and labelling, and requirements 
for the construction and testing of packaging. 

Content  of  the  national  legislation:  The  legislation  consists  of  simplified  classification 
criteria,  less  restrictive  requirements  for  the  construction  and  testing  of  packaging,  and 
modified labelling and marking requirements. 

Instead  of  classifying  hazardous  waste  according  to  ADR,  it  is  assigned  to  different  waste 
groups. Each waste group contains substances that can, in accordance with ADR, be packed 
together (mixed packing). 

Each package must be marked with the relevant waste group code instead of the UN number. 

Initial reference to national legislation: Särskilda bestämmelser om vissa inrikes transporter 
av farligt gods på väg och i terräng. 

Comments:  These  regulations  may  only  be  used  for  the  carriage  of  hazardous  waste  from 
public recycling sites to hazardous waste disposal plants. 

EN 

58 

   EN 

 
RO–b1–SE–2 

Subject: The name and address of the consignor in the transport document. 

Reference to Annex I.1. to this Directive: 5.4.1.1. 

Content  of  the  Annex  to  the  Directive:  General  information  required  in  the  transport 
document. 

Content of the national legislation: National legislation states that the name and address of the 
consignor is not required if empty, uncleaned packaging is returned as part of a distribution 
system. 

Initial  reference  to  the  national  legislation:  Särskilda  bestämmelser  om  vissa  inrikes 
transporter av farligt gods på väg och i terräng. 

Comments: Empty uncleaned packaging being returned will in most cases still contain small 
quantities of dangerous goods.  
This derogation is mainly used by industries when returning empty uncleaned gas receptacles 
in exchange for full ones. 

RO–b1–SE–3 

Subject: Transport of dangerous goods in the close  proximity  of industrial site(s), including 
transport on public roads between various parts of the site(s). 

Reference to Annex I.1. to this Directive: Annexes A and B. 

Content of the Annex to the Directive: Requirements for the transport of dangerous goods on 
public roads. 

Content  of  the  national  legislation:  Transport  in  the  close  proximity  of  industrial  site(s), 
including  transport  on  public  roads  between  various  parts  of  the  site(s).  The  derogations 
concern  the  labelling  and  marking  of packages,  transport documents, driver's certificate and 
certificate of approval according to part 9. 

Initial  reference  to  the  national  legislation:  Särskilda  bestämmelser  om  vissa  inrikes 
transporter av farligt gods på väg och i terräng. 

Comments:  There  are  several  situations  in  which  dangerous  goods  are  transferred  between 
premises situated on opposite sides of a public road. This form of transport does not constitute 
carriage  of  dangerous  goods  on  a  private  road  and  should  therefore  be  associated  with  the 
relevant requirements. Compare also with the Directive 96/49/EC, Article 6 paragraph 14. 

EN 

59 

   EN 

 
RO–b1–SE–4 

Subject: Transport of dangerous goods that have been seized by the authorities. 

Reference to Annex I.1. to this Directive: Annex A and B. 

Content of the Annex to the Directive: Requirements for the transport of dangerous goods by 
road. 

Content of the national legislation: Deviations from the regulations may be permitted if they 
are motivated by reasons of labour protection, unloading risks, submission of evidence etc. 

Deviations from the regulations are only permitted if satisfactory safety levels are met during 
normal conditions of carriage. 

Initial  reference  to  the  national  legislation:  Särskilda  bestämmelser  om  vissa  inrikes 
transporter av farligt gods på väg och i terräng. 

Comments: These derogations may only be applied by authorities seizing dangerous goods. 

This  derogation  is  intended  for  local  transport  e.g.  of  goods  that  have  been  seized  by  the 
police  such  as  explosives  or  stolen  property.  The  problem  with  these  types  of  goods  is  that 
you can never be sure of classifications. In addition the goods are often not packed, marked or 
labelled in accordance with ADR. There are several hundred such transportations carried out 
by the police every year.  

In the case of smuggled liquor, this must be transported from the place where it is seized to an 
evidence storage facility and then on to a facility for destruction, the latter two may be quite 
far apart from each other. The deviations permitted are: a) each package does not need to be 
labelled, and b) approved packages do not need to be used. However each pallet containing 
such packages must be correctly labelled. All other requirements must be fulfilled. There are 
approximately 20 such transportations each year. 

RO–b1–SE–5 

Subject: Transport of dangerous goods in and in close proximity to ports. 

Reference to Annex I.1. to this Directive: 8.1.2, 8.1.5, 9.1.2 

Content of the Annex to the Directive: Documents to be carried on the transport unit; every 
transport  unit  carrying  dangerous  goods  must  be  equipped  with  the  specified  equipment; 
vehicle approval. 

Content of the national legislation:  
Documents (except for the driver's certificate) need not be carried on the transport unit. 
A transport unit need not be equipped with the equipment specified in 8.1.5. 
Tractors need not have a certificate of approval. 

Initial  reference  to  the  national  legislation:  Särskilda  bestämmelser  om  vissa  inrikes 
transporter av farligt gods på väg och i terräng. 

Comments: Compare Directive 96/49/EC, Article 6 paragraph 14. 

EN 

60 

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RO–b1–SE–6 

Subject: Inspectors’ ADR training certificate. 

Reference to Annex I.1. to this Directive: 8.2.1 

Content of the Annex to the Directive: Drivers of vehicles must attend training courses. 

Content of the national legislation: Inspectors who perform the yearly technical inspection of 
the  vehicle  do  not  need  to  attend  the  training  courses  mentioned  in  8.2  or  hold  the  ADR 
training certificate. 

Initial  reference  to  the  national  legislation:  Särskilda  bestämmelser  om  vissa  inrikes 
transporter av farligt gods på väg och i terräng. 

Comments: In some cases, vehicles being tested in the technical inspection may be carrying 
dangerous goods as load, e.g. uncleaned, empty tanks. 
The requirements in 1.3 and 8.2.3 are still applicable. 

RO–b1–SE–7  

Subject: Local distribution of UN 1202, 1203 and 1223 in tankers. 

Reference to Annex I.1. to this Directive: 5.4.1.1.6, 5.4.1.4.1 

Content  of  the  Annex  to  the  Directive:  For  empty  uncleaned  tanks  and  tank-containers  the 
description  shall  be  in  accordance  with  5.4.1.1.6.  The  name  and  address  of  multiple 
consignees may be entered in other documents. 

Content  of  the  national  legislation:  For  empty,  uncleaned  tanks  or  tank-containers  the 
description in the transport document according to 5.4.1.1.6 is not needed if the amount of the 
substance in the loading plan is marked with 0. The name and address of the consignees are 
not required in any document on board the vehicle. 

Initial  reference  to  the  national  legislation:  Särskilda  bestämmelser  om  vissa  inrikes 
transporter av farligt gods på väg och i terräng. 

RO–b1–SE–8 

Subject: Transport of empty uncleaned storage tanks not intended as transport equipment. 

Reference to Annex I.1. to this Directive: 5.4.1.1.1, 6.8, 8.2.2.8.1 

Content of the Annex to the Directive: Transport document, requirements for the construction, 
testing etc. of tanks, and driver's certificate. 

Content  of  the  national  legislation:  Substances  of  UN  1202,  1203,  1223  and  1965  can  be 
transported in storage tanks not intended as transport equipment. The tanks must be emptied. 

The  transport  unit  must  be  marked  like  a  tanker  vehicle  with  the  relevant  substance.  The 
driver must have a certificate in accordance with 8.2.2.7.1. 

EN 

61 

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Initial  reference  to  the  national  legislation:  Särskilda  bestämmelser  om  vissa  inrikes 
transporter av farligt gods på väg och i terräng. 

Comments:  This  derogation  is  applied  when  storage  tanks  must  be  moved,  for  instance  for 
repair or maintenance purposes. 

The reason for this derogation is to avoid the risk and environmental impact associated with 
the cleaning of empty tanks prior to transport.  

This  derogation  applies  to  small  quantities.  Often  this  type  of  transport  is  local,  but  in  rare 
cases such transport can be over 300 km in low-populated Northern Sweden. 

Transport conditions: Equipment mounted on the storage tank must not be placed such a way 
that it is susceptible to damage during transport. Documents showing that the storage tank is 
approved for the relevant substance must accompany the vehicle. The bindings and fastenings 
used to secure the storage tank to the vehicle must be able to hold a tank weighing twice as 
much as the storage tank being transported. Flammables cannot be carried as load on the same 
vehicle as the tank. 

RO–b1–SE–9 

Subject: Local transport in relation to agriculture sites or construction sites. 

Reference to Annex I.1. to this Directive: 5.4, 6.8 and 9.1.2 

Content of the Annex to the Directive: Transport document; Construction of tanks; Certificate 
of approval. 

Content  of  the  national  legislation:  Local  transport  in  relation  to  agriculture  sites  or 
construction sites need not fulfil some regulations: 
–  The dangerous goods declaration is not required. 
–  Older  tanks/containers  not  constructed  according  to  chapter  6.8  but  according  to  older 

national legislation and fitted on crew wagons may still be used. 

–  Older  tankers,  not  fulfilling  the  requirements  in  6.7  or  6.8,  intended  for  the  transport  of 
substances  of  UN  1268,  1999,  3256  and  3257,  with  or  without  road  surface  coating 
equipment, may still be used for local transport and in close proximity to road work places. 
–  Certificate of approval for crew wagons and tankers with or without road surface coating 

equipment are not required. 

Initial  reference  to  the  national  legislation:  Särskilda  bestämmelser  om  vissa  inrikes 
transporter av farligt gods på väg och i terräng. 

Comments: A crew wagon is a kind of caravan for a work crew with a crew room and fitted 
with  a  non-approved  tank/container  for  diesel  fuel  intended  for  the  operation  of  forestry 
tractors. 

EN 

62 

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RO–b1–SE–10 

Subject: Tank transport of explosives. 

Reference to Annex I.1. to this Directive: 4.1.4 

Content  of  the  Annex  to  the  Directive:  Explosives  may  only  be  packed  in  packagings  in 
accordance with 4.1.4. 

Content  of  the  national  legislation:  The  competent  national  authority  will  approve  vehicles 
intended  for  tank  transport  of  explosives.  Tank  transport  is  permissible  only  for  those 
explosives listed in the regulation or by special authorisation from the competent authority. 

A  vehicle  loaded  with  explosives  in  tanks  must  be  marked  and  labelled  in  accordance  with 
5.3.2.1.1, 5.3.1.1.2. and 5.3.1.4. Only one vehicle in the transport unit may contain dangerous 
goods. 

Initial  reference  to  the  national  legislation:  Appendix  S  -  Specific  regulations  for  the 
domestic  transport  of  dangerous  goods  by  road  issued  in  accordance  with  the  Transport  of 
Dangerous Goods Act and the Swedish regulation SÄIFS 1993:4. 

Comments: This is only applicable for domestic transport and the transport is mostly of a local 
nature. The regulations in question were in force before Sweden joined the European Union.  
Only  two  companies  perform  transport  with  explosives  in  tank-vehicles.  In  the  near  future 
transition to emulsions is expected. 
Old derogation No 84. 

RO–b1–SE–11 

Subject: Driver’s licence 

Reference to Annex I.1. to this Directive: 8.2 

Content  of  the  Annex  to  the  Directive:  Requirements  concerning  the  training  of  the  vehicle 
crew. 

Content of the national legislation: Driver training is not permitted with any vehicle referred 
to in 8.2.1.1. 

Initial  reference  to  the  national  legislation:  Appendix  S  -  Specific  regulations  for  the 
domestic  transport  of  dangerous  goods  by  road  issued  in  accordance  with  the  Transport  of 
Dangerous Goods Act. 

Comments: Local transport. 

EN 

63 

   EN 

 
RO–b1–SE–12 

Subject: Carriage of UN 0335 FIREWORKS. 

Reference to Annex I.1. to this Directive: Annex B, section 7.2.4, V2 (1) 

Content of the Annex to the Directive: Provisions for the use of EX/II and EX/III vehicles. 

Content of the national legislation: When carrying UN 0335 FIREWORKS, Special Provision 
V2 (1) in 7.2.4 is only applicable for a net explosive content of more than 3000 kg (4000 kg 
with trailer), provided the fireworks have been assigned to UN 0335 according to the default 
fireworks  classification  table  in 2.1.3.5.5  of  the  fourteenth  revised  edition  of  the  UN 
Recommendations on the Transport of Dangerous Goods. 

Such assignment shall be made with the agreement of the competent authority. A verification 
of the assignment shall be carried on the transport unit. 

Initial  reference  to  the  national  legislation:  Appendix  S  –  Specific  regulations  for  the 
domestic  transport  of  dangerous  goods  by  road  issued  in  accordance  with  the  Transport  of 
Dangerous Goods Act. 

Comments: The carriage of fireworks is limited in time to two short periods of the year, the 
turn  of  the  year  and  the  turn  of  the  month  April/May.  The  carriage  from  consignors  to 
terminals  can  be  effected  by  the  present  fleet  of  EX-approved  vehicles  without  great 
problems. However, the distribution both of fireworks from terminals to shopping areas and 
of  the  surplus  back  to  the  terminal  is  limited  due  to  lack  of  EX-approved  vehicles.  The 
carriers  are  not  interested  in  investing  in  such  approvals  because  they  cannot  recover  their 
expenses. This places the whole existence of consignors of fireworks in jeopardy because they 
cannot get their products on the market.  

When using this derogation, the classification of the fireworks must be made on the basis of 
the default list in the UN Recommendations, in order to get the most up-to-date classification 
possible. 

A  similar  type  of  exception  exists  for  UN  0336  FIREWORKS  incorporated  in  Special 
Provision 651, section 3.3.1 of ADR 2005. 

UK United Kingdom 

RO–b1–UK–1 

Subject: Crossing of public roads by vehicles carrying dangerous goods (N8). 

Reference to Annex I.1. to this Directive: Annexes A and B 

Content of the Annex to the Directive: Requirements for the carriage of dangerous goods on 
public roads. 

Content  of  the  national  legislation:  Disapplication  of  the  dangerous  goods  regulations  to 
carriage  within  private  premises  separated  by  a  road.  For  Class  7  this  derogation  does  not 
apply to any provisions of the Radioactive Material (Road Transport) Regulations 2002. 

EN 

64 

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Initial  reference  to  the  national  legislation:  Carriage  of  Dangerous  Goods  by  Road 
Regulations 1996, reg.3 Schedule 2 (3)(b); Carriage of Explosives by Road Regulations 1996, 
reg. 3(3)(b). 

Comments: A situation can easily occur where goods are transferred between private premises 
situated  on  both  sides  of  a  road.  This  does  not  constitute  carriage  of  dangerous  goods  on  a 
public  road  in  the  normal  sense  of  the  term,  and  none  of  the  provisions  of  the  dangerous 
goods regulations should apply in such a case. 

RO–b1–UK–2 

Subject:  Exemption  from  prohibition  on  driver  or  driver's  assistant  opening  packages  of 
dangerous  goods  in  a  local  distribution  chain  from  a  local  distribution  depot  to  a  retailer  or 
end user and from the retailer to the end user (except for Class 7) (N11). 

Reference to Annex I.1. to this Directive: 8.3.3 

Content  of  the  Annex  to  the  Directive:  Prohibition  on  driver  on  driver's  assistant  opening 
packages of dangerous goods. 

Content  of  the  national  legislation:  Prohibition  of  opening  packages  is  qualified  by  the 
proviso "Unless authorised to do so by the operator of the vehicle". 

Initial  reference  to  the  national  legislation:  Carriage  of  Dangerous  Goods  by  Road 
Regulations 1996, reg.12 (3). 

Comments:  If  taken  literally,  the  prohibition  in  the  Annex  as  worded  can  create  serious 
problems for retail distribution. 

RO–b1–UK–3 

Subject:  Alternative  carriage  provisions  for  wooden  casks  containing  UN  3065  of  Packing 
Group III  

Reference to Annex I.1. to this Directive: Chapters 1.4, 4.1, 5.2 and 5.3. 

Content of the Annex to the Directive: Packaging and labelling requirements. 

Content of the national legislation: Permits the carriage of alcoholic beverages of more than 
24%, but not more than 70% alcohol by volume (Packing Group III) in non – UN approved 
wooden  casks  without  danger  labels,  subject  to  more  stringent  loading  and  vehicle 
requirements.  

Initial  reference  to  the  national  legislation:  The  Carriage  of  Dangerous  Goods  and  Use  of 
Transportable Pressure Equipment Regulations 2004: Regulation 7 (13) and (14). 

Comments:  This  is  a  high-value  product  subject  to  government  excise  duty  which  must  be 
moved  between  the  distillery  and  bonded  warehouses  in  secure  sealed  vehicles  bearing 
government duty seals. The relaxation on packaging and labelling is taken into account in the 
additional requirements to ensure safety.  

EN 

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II 

Transport by rail 

II.1. 

RID 

Regulation  concerning  the  International  Carriage  of  Dangerous  Goods  by  Rail  (RID), 
appearing  in  Appendix  C  to  the  Convention  concerning  International  Carriage  by  Rail 
(COTIF), as applicable with effect from 1 January 2009. 

II.2. 

Additional transitory provisions 

1. 

2. 

3. 

4. 

5. 

Member  States  may  maintain  derogations  adopted  on  the  basis  of  Article  4  of 
Directive  96/49/EC  until  31  December  2010  or  until  Annex  II.  1  is  amended  to 
reflect the UN Recommendations on the Transport of Dangerous Goods referred to 
in that article if this is earlier.  

Within  its  territory  each  Member  State  may  authorise  the  use  of  wagons  and  tank 
wagons of gauge 1520mm constructed before 1 July 2005 which do not comply with 
this  Directive  but  were  constructed  in  accordance  with  national  provisions  in  force 
on  30  June  2005,  provided  that  those  wagons  are  maintained  to  the  required  safety 
levels. 

Within  its  territory  each  Member  State  may  authorise  the  use  of  tanks  and  wagons 
constructed before 1 January 1997 which do not comply with this Directive but were 
constructed  in  accordance  with  the  national  requirements  in  force  on  31  December 
1996,  provided  that  such  tanks  and  wagons  are  maintained  to  the  required  safety 
levels. 

Tanks and wagons constructed on or after 1 January 1997 which do not comply with 
this Directive but were constructed in accordance with the requirements of Directive 
96/49/EC  that  was  applicable  on  the  date  of  their  construction  may  continue  to  be 
used for national transport  

Within  its  territory  each  Member  State  may  authorise  the  use  of  pressure  drums, 
bundles of cylinders and tanks constructed before 1 July 2007 and other receptacles 
constructed  before  1  July  2003  which  do  not  comply  with  this  Directive  but  were 
constructed  in  accordance  with  the  national  requirements  applicable  on  the  date  of 
their  construction  but  not  later  than  1  July  2005  for  pressure  drums,  bundles  of 
cylinders  and  tanks,  and  not  later  than  1  July  2001  for  other  receptacles,  provided 
that such equipments are maintained to the required safety levels. 

Within its territory each Member State in which the ambient temperature is regularly 
lower  than  -  20  °C  may  impose  more  stringent  standards  as  regards  the  operating 
temperature  of  materials  used  for  plastic  packaging,  tanks  and  their  equipment 
intended for use in the national transport of dangerous goods by rail until provisions 
on the appropriate reference temperatures for given climatic zones are incorporated 
into Annex II.1 to this Directive. 

EN 

66 

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6. 

7. 

8. 

9. 

Within its territory each Member State may maintain national provisions other than 
those  laid  down  in  this  Directive  with  regard  to  the  reference  temperature  for  the 
transport of liquefied gases or mixtures of liquefied gases, until provisions relating to 
appropriate reference temperatures for designated climatic areas are incorporated into 
European standards and referred to in Annex II.1 to this Directive. 

Within  its  territory  each  Member  State  may  maintain  the  provisions  of  its  national 
legislation in force on 31 December 1996 relating to the display or placement of an 
emergency action code or hazard card in place of the hazard identification number, 
laid down in Annex II.1 to this Directive. 

For transport via the Channel Tunnel, France and the United Kingdom may impose 
more stringent provisions than those provided for in this Directive. 

This  Directive  shall  not  affect  a  Member  State's  right  to  adopt  regulations  for  its 
territory  on  the  transport  of  dangerous  goods  by  rail  from  and  to  those  contracting 
parties  of  the  Organisation  for  cooperation  of  railways  (OSJD)  that  are  not 
contracting parties to the COTIF. Such regulations shall apply only to the transport 
of dangerous goods by rail by means of wagons authorised in a State which is not a 
contracting party to the COTIF. By  means of appropriate measures and obligations 
the  Member  States  concerned  shall  guarantee  the  maintenance  of  a  level  of  safety 
equivalent to that provided for in the RID.  

II.3. 

Additional national provisions 

Derogations for Member States for the transport of dangerous goods within their territory on 
the basis of Article 7 (2). 

Numbering of derogations: RA-a/b1/b2-MS-nn 
RA= Rail 
a/b1/b2= Article 7(2) a/b1/b2 
MS= Abbreviation of Member State 
Nn= order number 

Based on Article 7(2) point a 

DE Germany 

RA–a–DE–1 

Subject: Exemption of small quantities of certain goods for private use. 

Reference  to  Annex  II.1.  to  this  Directive:  Table  in  Chapter  3.2  for  certain  UN  numbers  in 
Classes 1 to 9. 

Content of the Annex to the Directive: Transport authorisation and provisions. 

Content  of  the  national  legislation:  Classes  1  to  9;  Exemption  for  very  small  quantities  of 
various goods in packagings and quantities for private use; a maximum of 50 kg per transport 
unit; application of the general packing requirements for internal packaging. 

EN 

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Initial  reference  to  the  national  legislation:  Gefahrgut-Ausnahmeverordnung  -  GGAV  2002 
vom 06.11.2002 (BGBl. I S. 4350), geändert durch Artikel 2 der Verordnung vom 28.04.2003 
(BGBl. I S. 595); Ausnahme 3. 

Comments: Derogation limited to 31.12.2004. 

List No. 14*.  

RA–a–DE–2 

Subject: Combined packaging authorisation. 

Reference to Annex II.1. to this Directive: 4.1.10.4 MP2 

Content of the Annex to the Directive: Prohibition of combined packaging. 

Content  of  the  national  legislation:  Class  1.4S,  2,  3  and  6.1;  authorisation  of  combined 
packaging  of  objects  in  Class  1.4S  (cartridges  for  small  weapons),  aerosols  (Class  2)  and 
cleaning and treatment materials in Class 3 and 6.1 (UN numbers listed) as sets to be sold in 
combined packaging in packaging group II and in small quantities. 

Initial  reference  to  the  national  legislation:  Gefahrgut-Ausnahmeverordnung  -  GGAV  2002 
vom 06.11.2002 (BGBl. I S. 4350), geändert durch Artikel 2 der Verordnung vom 28.04.2003 
(BGBl. I S. 595); Ausnahme 21. 

Comments: List No. 30*, 30a, 30b, 30c, 30d, 30e, 30f, 30g.  

FR France 

RA–a–FR–1 

Subject: Transport of registered luggage in passenger trains. 

Reference to Annex II.1. to this Directive: 7.7 

Content of the Annex to the Directive: RID materials and objects excluded from transport as 
luggage. 

Content  of  the  national  legislation:  RID  materials  and  objects  which  may  be  carried  as 
express parcels can be carried as luggage in passenger trains. 

Initial  reference  to  the  national  legislation:  Arrêté  du  5  juin  2001  relatif  au  transport  de 
marchandises  dangereuses  par  chemin  de  fer  (Decree  of  5  June  2001  on  the  transport  of 
hazardous goods by rail, «RID-Decree») - Article 18. 

EN 

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RA–a–FR–2 

Subject: Parcels of hazardous materials kept by passengers in trains. 

Reference to Annex II.1. to this Directive: 7.7 

Content of the Annex to the Directive: RID materials and objects excluded from transport as 
hand luggage. 

Content  of  the  national  legislation:  The  transport  as  hand  luggage  of  parcels  of  hazardous 
materials intended for the personal or professional use of passengers is authorised subject to 
certain  conditions:  only  the  provisions  relating  to  the  packaging,  marking  and  labelling  of 
parcels set out in 4.1, 5.2 and 3.4 apply. 

Initial  reference  to  the  national  legislation:  Arrêté  du  5  juin  2001  relatif  au  transport  de 
marchandises  dangereuses  par  chemin  de  fer  (Decree  of  5  June  2001  on  the  transport  of 
hazardous goods by rail, «RID-Decree») - Article 19. 

Comments:  Portable  gas  receptacles  allowed  for  patients  with  respiratory  problems  in  the 
necessary amount for one journey. 

RA–a–FR–3 

Subject: Transport for the needs of the rail carrier. 

Reference to Annex II.1. to this Directive: 5.4.1 

Content  of  the  Annex  to  the  Directive:  Information  concerning  hazardous  materials  to  be 
indicated on the consignment note. 

Content of the national legislation: Transport for the needs of the rail carrier of quantities not 
exceeding the limits set in 1.1.3.6 is not subject to the load declaration obligation. 

Initial  reference  to  the  national  legislation:  Arrêté  du  5  juin  2001  relatif  au  transport  de 
marchandises  dangereuses  par  chemin  de  fer  (Decree  of  5  June  2001  on  the  transport  of 
hazardous goods by rail, «RID-Decree») - Article 20.2. 

RA–a–FR–4 

Subject: Exemption from the labelling of certain mail wagons. 

Reference to Annex II.1. to this Directive: 5.3.1 

Content of the Annex to the Directive: Obligation to affix labels on the walls of wagons. 

Content of the national legislation: Only mail wagons carrying over 3 tonnes of a material in 
the same class (other than 1, 6.2 or 7) must be labelled. 

Initial  reference  to  the  national  legislation:  Arrêté  du  5  juin  2001  relatif  au  transport  de 
marchandises  dangereuses  par  chemin  de  fer  (Decree  of  5  June  2001  on  the  transport  of 
hazardous goods by rail, «RID-Decree») - Article 21.1. 

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RA–a–FR–5 

Subject: Exemption from the labelling of wagons carrying small containers. 

Reference to Annex II.1. to this Directive: 5.3.1 

Content of the Annex to the Directive: Obligation to affix labels on the walls of wagons. 

Content  of  the  national  legislation:  If  the  labels  affixed  on  the  small  containers  are  clearly 
visible, the wagons do not have to be labelled. 

Initial  reference  to  the  national  legislation:  Arrêté  du  5  juin  2001  relatif  au  transport  de 
marchandises  dangereuses  par  chemin  de  fer  (Decree  of  5  June  2001  on  the  transport  of 
hazardous goods by rail, «RID-Decree») - Article 21.2. 

RA–a–FR–6 

Subject: Exemption from the labelling of wagons carrying road vehicles loaded with parcels. 

Reference to Annex II.1. to this Directive: 5.3.1 

Content of the Annex to the Directive: Obligation to affix labels on the walls of wagons. 

Content  of  the  national  legislation:  If  the  road  vehicles  have  labels  corresponding  to  the 
parcels which they contain, the wagons do not have to be labelled. 

Initial  reference  to  the  national  legislation:  Arrêté  du  5  juin  2001  relatif  au  transport  de 
marchandises  dangereuses  par  chemin  de  fer  (Decree  of  5  June  2001  on  the  transport  of 
hazardous goods by rail, «RID-Decree») - Article 21.3. 

SE Sweden 

RA–a–SE–1 

Subject: A railway carriage carrying dangerous goods, as express goods, need not be marked 
with labels. 

Reference to Annex II.1. to this Directive: 5.3.1 

Content  of  the  Annex  to  the  Directive:  Railway  carriages  carrying  dangerous  goods  must 
display labels. 

Content of the national legislation: A railway carriage carrying dangerous goods, as express 
goods, need not be marked with labels. 

Initial  reference  to  the  national  legislation:  Särskilda  bestämmelser  om  vissa  inrikes 
transporter av farligt gods på väg och i terräng. 

Comments: There are quantity limits in RID for goods designated as express goods. Therefore 
it is a small quantity issue. 

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UK United Kingdom 

RA–a–UK–1 

Subject: Carriage of certain low-hazard radioactives such as clocks, watches, smoke detectors, 
compass dials. 

Reference to Annex II.1. to this Directive: Most requirements of RID 

Content  of  the  Annex  to  the  Directive:  Requirements  concerning  the  carriage  of  Class  7 
material. 

Content  of  the  national  legislation:  Total  exemption  from  the  provisions  of  the  national 
regulations  for  certain  commercial  products  containing  limited  quantities  of  radioactive 
material. 

Initial reference to the national legislation: Packaging, Labelling and Carriage of Radioactive 
Material  by  Rail  Regulations  1996,  reg  2(6)  (as  amended  by  Schedule  5  of  the  Carriage  of 
Dangerous Goods (Amendment) Regulations 1999). 

Comments: This derogation is a short-term measure, which will no longer be required when 
similar amendments to the IAEA regulations are incorporated into RID. 

RA–a–UK–2 

Subject: Easing of restrictions on transporting mixed loads of explosives, and explosives with 
other dangerous goods, in wagons, vehicles and containers (N4/5/6). 

Reference to Annex II.1. to this Directive: 7.5.2.1 and 7.5.2.2 

Content of the Annex to the Directive: Restrictions on certain types of mixed loading. 

Content  of  the  national  legislation:  National  legislation  is  less  restrictive  regarding  mixed 
loading of explosives, providing such carriage can be accomplished without risk. 

Initial reference to the national legislation: Packaging, Labelling and Carriage of Radioactive 
Material  by  Rail  Regulations  1996,  reg  2(6)  (as  amended  by  Schedule  5  of  the  Carriage  of 
Dangerous Goods (Amendment) Regulations 1999). 

Comments: The UK wishes to permit some variations on the mixing rules for explosives with 
other  explosives  and  for  explosives  with  other  dangerous  goods.  Any  variation  will  have  a 
quantity limitation on one or more constituent parts of the load and would only be permitted 
provided that "all reasonably practicable measures have been taken to prevent the explosives 
being brought into contact with, or otherwise endangering or being endangered by, any such 
goods. 

Examples of variations the UK may want to permit are: 

1. 

Explosives allocated on classification to UN Numbers 0029, 0030, 0042, 0065, 0081, 
0082, 0104, 0241, 0255, 0267, 0283, 0289, 0290, 0331, 0332, 0360 or 0361 may be 
carried in the same vehicle with the dangerous goods allocated on classification the 

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2. 

3. 

4. 

UN Number 1942. The quantity of UN 1942 permitted to be carried shall be limited 
by deeming it to be an explosive of 1.1D; 

Explosives allocated on classification to UN Numbers 0191, 0197, 0312, 0336, 0403, 
0431  or  0453  may  be  carried  in  the  same  vehicle  with  dangerous  goods  (except 
flammable gases, infectious substances and toxic substances) in transport category 2 
or dangerous goods in transport category 3, or any combination of them, provided the 
total mass or volume of dangerous goods in transport category 2 does not exceed 500 
kg or l and the total net mass of such explosives does not exceed 500 kg; 

Explosives  of  1.4G may be carried with flammable liquids and flammable gases in 
transport category 2 or non-flammable, non-toxic gases in transport category 3, or in 
any combination of them in the same vehicle, provided the total mass or volume of 
dangerous goods when added together does not exceed 200 kg or l and the total net 
mass of explosives does not exceed 20 kg; 

Explosive  articles  allocated  on  classification  to  UN  Numbers  0106,  0107  or  0257 
may be carried with explosive articles in Compatibility Group D, E or F for which 
they are components. The total quantity of explosives of UN Numbers 0106, 0107 or 
0257 shall not exceed 20 kg. 

RA–a–UK–3 

Subject: To allow different “maximum total quantity per transport unit” for Class 1 goods in 
categories 1 and 2 of table in 1.1.3.1. 

Reference to Annex II.1. to this Directive: 1.1.3.1 

Content  of  the  Annex  to  the  Directive:  Exemptions  related  to  the  nature  of  the  transport 
operation. 

Content  of  the  national  legislation:  To  lay  down  rules  regarding  exemptions  for  limited 
quantities and mixed loading of explosives. 

Initial  reference  to  the  national  legislation:  The  Carriage  of  Dangerous  Goods  and  Use  of 
Transportable Pressure Equipment Regulations 2004: Regulation 3(7)(b). 

Comments: To allow different limited quantity limits and mixed loading multiplication factors 
for Class 1 goods, namely “50” for Category 1 and “500” for Category 2. For the purpose of 
calculating mixed loads, the multiplication factors are to read “20” for Transport Category 1 
and “2” for Transport Category 2. 

RA–a–UK–4 

Subject: Adoption of RA–a–FR–6. 

Reference to Annex II.1. to this Directive: 5.3.1.3.2. 

Content  of  the  Annex  to  the  Directive:  Relaxation  of  placarding  requirement  for  piggyback 
carriage. 

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Content of the national legislation: The placarding requirement does not apply in cases where 
the vehicle placards are clearly visible. 

Initial  reference  to  the  national  legislation:  The  Carriage  of  Dangerous  Goods  and  Use  of 
Transportable Pressure Equipment Regulations 2004: Regulation 7(12). 

Comments: This has always been a UK national provision. 

Based on Article 7 (2) point b1 

DE Germany 

RA–b1–DE–1 

Subject: Transportation of Class 9 PCB-contaminated materials in bulk. 

Reference to Annex II.1. to this Directive: 7.3.1. 

Content of the Annex to the Directive: Transportation in bulk. 

Content  of  the  national  legislation:  Authorisation  for  transportation  in  bulk  in  vehicle  swap 
bodies or containers sealed to be impermeable to fluids or dust. 

Initial  reference  to  the  national  legislation:  Gefahrgut-Ausnahmeverordnung  -  GGAV  2002 
vom 06.11.2002 (BGBl. I S. 4350), geändert durch Artikel 2 der Verordnung vom 28.04.2003 
(BGBl. I S. 595); Ausnahme 11. 

Comments: Derogation 11 limited to 31.12.2004; as from 2005, same provisions in ADR and 
RID. 

See also Multilateral Agreement M137. 

List No 4*.  

RA–b1–DE–2 

Subject: Transportation of packaged hazardous waste. 

Reference to Annex II.1. to this Directive: Parts 1 to 5 

Content of the Annex to the Directive: Classification, packaging and marking. 

Content  of  the  national  legislation:  Classes  2  to  6.1,  8  and  9:  Combined  packaging  and 
transportation  of  hazardous  waste  in  packs  and  IBCs;  waste  must  be  packaged  in  internal 
packagings  (as  collected)  and  categorised  in  specific  waste  groups  (avoidance  of  dangerous 
reactions  within  a  waste  group);  use  of  special  written  instructions  relating  to  the  waste 
groups and as a waybill; collection of domestic and laboratory waste, etc. 

Initial  reference  to  the  national  legislation:  Gefahrgut-Ausnahmeverordnung  -  GGAV  2002 
vom 06.11.2002 (BGBl. I S. 4350), geändert durch Artikel 2 der Verordnung vom 28.04.2003 
(BGBl. I S. 595); Ausnahme 20. 

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Comments: List No. 6*.  

SE Sweden 

RA–b1–SE–1 

Subject: Carriage of hazardous waste to hazardous waste disposal plants. 

Reference to Annex II.1. to this Directive: Part 2, Chapter 5.2, and 6.1 

Content of the Annex to the Directive: Classification, marking and labelling, and requirements 
for the construction and testing of packaging. 

Content  of  the  national  legislation:  The  legislation  consists  of  simplified  classification 
criteria,  less  restrictive  requirements  for  the  construction  and  testing  of  packaging,  and 
modified  labelling  and  marking  requirements.  Instead  of  classifying  hazardous  waste 
according  to  RID,  it  is  assigned  to  different  waste  groups.  Each  waste  group  contains 
substances  that  can,  in  accordance  with  RID,  be  packed  together  (mixed  packing).  Each 
package must be marked with the relevant waste group code instead of the UN number. 

Initial  reference  to  the  national  legislation:  Särskilda  bestämmelser  om  vissa  inrikes 
transporter av farligt gods på väg och i terräng. 

Comments:  These  regulations  may  only  be  used  for  the  carriage  of  hazardous  waste  from 
public recycling sites to hazardous waste disposal plants. 

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III 

Transport by inland waterway 

III.1.  ADN 

Annexed  Regulations  to  the  European  Agreement  concerning  the  International  Carriage  of 
dangerous  Goods  by  Inland  Waterways  (ADN),  as  applicable  with  effect  from  1  January 
2009,  as  well  as  Articles  3(f),  3(h),  8(1),  8(3),  17  and  18  of  ADN,  it  being  understood  that 
"Contracting Party" is replaced by "Member State” as appropriate. 

III.2.  Additional transitory provisions 

- 

III.3.  Additional national provisions 

-

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LEGISLATIVE FINANCIAL STATEMENT 

1. 

NAME OF THE PROPOSAL: 

Directive  of  the  European  parliament  and  of  the  council  relating  to  the  inland  transport  of 
dangerous goods 

2. 

ABM / ABB FRAMEWORK 

Policy area: Energy and transport 

Activity: Security and protection of energy and transport users  

3. 

BUDGET LINES 

3.1. 

Budget  lines  (operational  lines  and  related  technical  and  administrative 
assistance lines (ex- B.A lines)) including headings: 

Transport security 06 0701 00 

3.2. 

Duration of the action and of the financial impact: 

Indefinite, starting in 2008 

3.3. 

Budgetary characteristics: 

Budget 
line 

Type of expenditure 

New 

EFTA 
contribution 

Contributions 
from applicant 
countries 

Heading in 
financial 
perspective 

06  0701 
00 

Non-
comp 

Diff18 

NO 

NO 

NO 

No [1A] 

18 

Non-differentiated appropriations hereafter referred to as NDA 

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4. 

SUMMARY OF RESOURCES 

4.1. 

Financial Resources 

4.1.1. 

Summary of commitment appropriations (CA) and payment appropriations (PA) 

(Year n = 2006) 

EUR million (to 3 decimal places) 

Expenditure type 

Section 
no. 

n + 1

n + 2

n + 3

n + 4 

Year 
n 

n + 5 
and 
later 

Total 

Operational expenditure19 

Commitment Appropriations 
(CA) 

8.1. 

Payment 
(PA) 

Appropriations 

a 

b 

Administrative expenditure within reference amount20 

Technical  &  administrative 
assistance (NDA) 

8.2.4. 

c 

TOTAL REFERENCE AMOUNT 

Commitment 
Appropriations 

Payment Appropriations 

a+c

b+c

0.5 

0.5 

0.5 

0.5 

Administrative expenditure not included in reference amount21 

0.5 

0.5 

0.5 

0.5 

1.0 

1.0 

1.0 

1.0 

Human 
associated 
(NDA) 

resources 

and 
expenditure 

Administrative  costs,  other 
than  human  resources  and 
not 
associated 
included 
reference 
in 
amount (NDA) 

costs, 

8.2.5. 

d 

8.2.6. 

e 

Total indicative financial cost of intervention 

TOTAL CA including cost 
of Human Resources 

TOTAL  PA  including  cost 
of Human Resources 

a+c
+d
+e 

b+c
+d
+e 

19 
20 
21 

Expenditure that does not fall under Chapter xx 01 of the Title xx concerned. 
Expenditure within article xx 01 04 of Title xx. 
Expenditure within chapter xx 01 other than articles xx 01 04 or xx 01 05. 

EN 

77 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
EUR million (to 3 decimal places) 

Year 
n 

n + 1

n + 2

n + 3

n + 4 

n + 5 
and 
later 

Total 

Co-financing details 

Co-financing body 

…………………… 

TOTAL  CA  including  co-
financing 

f 

a+c
+d
+e
+f 

4.1.2.  Compatibility with Financial Programming 

(cid:133) 

(cid:133) 

(cid:133) 

Proposal is compatible with existing financial programming. 

Proposal  will  entail  reprogramming  of  the  relevant  heading  in  the  financial 
perspective. 

Proposal  may  require  application  of  the  provisions  of  the  Interinstitutional 
Agreement22 (i.e. flexibility instrument or revision of the financial perspective). 

4.1.3.  Financial impact on Revenue 

(cid:133) 

(cid:133) 

Proposal has no financial implications on revenue 

Proposal has financial impact – the effect on revenue is as follows: 

Budget line 

Revenue 

EUR million (to one decimal place) 

Situation following action 

[Yea
r n] 

[n+1] [n+2]  [n+3

] 

[n+4] [n+5]

23

Prior to
action 
[Year 
n-1] 

a) Revenue in absolute terms 

b) Change in revenue 

 Δ 

22 
23 

See points 19 and 24 of the Interinstitutional agreement. 
Additional columns should be added if necessary i.e. if the duration of the action exceeds 6 years 

EN 

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4.2. 

Human Resources FTE (including officials, temporary and external staff) – see 
detail under point 8.2.1. 

Annual requirements 

Year n 

n + 1 

n + 2 

n + 3 

n + 4 

n + 5 
and 
later 

Total  number  of  human 
resources 

5. 

CHARACTERISTICS AND OBJECTIVES 

5.1. 

Need to be met in the short or long term 

The  financial  part  of  the  proposal  and  this  statement  concerns  only  translations  of  the 
international  agreements,  which  are  annexes  to  the  proposed  directive,  into  Community 
languages. The proposal has no other budgetary implications to the EU. 

A  particular  problem  in  connection  with  the  dangerous  goods  Framework  Directives 
94/55/EC and 96/49/EC is posed in their annexes, where it is stated: “N.B. Versions in all the 
official languages of the Community will be published as soon as a consolidated / amended 
text  (of  ADR  /  RID)  has  been  prepared  and  translations  have  been  completed”.  The  Legal 
Service  takes  this  to  mean  that  ADR  and  RID  have  to  be  translated  and  published  by  the 
Commission  in  all  the  official  Community  languages  before  the  directives  have  full  legal 
force. ADR / RID (and ADN) contain about 1000 pages each and they are amended every two 
years, the amendments themselves being 150-200 pages per document and per two-year cycle. 
In particular after the latest enlargement, the Commission has not managed to carry out this 
amount  of  translation.  As  from  2003  (cycles  covering  2003,  2004,  2005  and  the  next  one, 
2007,  already  in  the  pipeline),  only  amending  Commission  Directives  have  been  translated 
and  published  but  their  Annexes  have  not.  The  Member  States  thus  have  Community  law 
underpinning their national legislative measures, but the Community has not had the power to 
request national measures or to launch, when necessary, infringement procedures. ADR, RID 
and ADN are available only in English and French, with RID also in German. Every biennial 
cycle, Member States themselves translate for their national legislation consolidated versions 
of the agreements that they are applying. Member States normally do not use the Commission 
translations for this purpose, whose value is therefore not evident. 

5.2. 

Value-added  of  Community  involvement  and  coherence  of  the  proposal  with 
other financial instruments and possible synergy 

With  the  new  proposal  for  a  directive,  the  intention  is  to  give  up  translations  at  the 
Community level and leave translation and publication in national languages to the Member 
States.  The  Commission  should  therefore  support  financially  the  national  translations, 
bearing  in  mind  that  the  Commission's  saving  in  terms  of  translation  and  publication  costs 
will  outweigh  the  financial  support  to  Member  States.  The  first  budget  year  when  the 
necessary appropriations should be available is 2009, and this is needed every two years. 

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5.3. 

Objectives, expected results and related indicators of the proposal in the context 
of the ABM framework 

Commission strategic objective: Safety  

DG's general objective: Safety and security 

DG's Operational objective: Reinforce the security in transport 

The  proposed  directive  will  simplify  and  harmonise  EU  rules  in  the  transport  of  dangerous 
goods and therewith improve the safety and security of transport.  

The financial  part of the proposal will render the transposition of the directive possible, by 
making  the  national  translations  of  the  annexed  international  agreements  available  in  all 
Community languages.  

5.4.  Method of Implementation (indicative) 

(cid:133)  Centralised Management 

(cid:133) 

directly by the Commission 

(cid:133) 

indirectly by delegation to: 

(cid:133) 

executive Agencies 

(cid:133) 

bodies set up by the Communities as referred to in art. 185 of the 
Financial Regulation 

(cid:133) 

national public-sector bodies/bodies with public-service mission 

(cid:133) 

Shared or decentralised management 

(cid:133)  with Member states 

(cid:133)  with Third countries 

(cid:133) 

Joint management with international organisations (please specify) 

Relevant comments: 

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6. 

MONITORING AND EVALUATION 

6.1.  Monitoring system 

The Commission will receive the outputs and pay on the basis of them. 

6.2. 

Evaluation 

6.2.1.  Ex-ante evaluation 

An  Impact  assessment  was  carried  out,  where  the  preferred  option  was  the  proposed 
legislative  action,  simplification  and  harmonisation  of  EU  rules  in  the  field  of  dangerous 
goods  transport.  This  was  supported  also  in  all  consultations.  The  financial  part  of  the 
proposal is a necessary prerequisite for the completion of the simplification. 

6.2.2.  Measures taken  following  an  intermediate/ex-post evaluation (lessons learned from 

similar experiences in the past) 

An  evaluation  of  the  policy  area  was  conducted  by  external  consultants  in  2004-05: 
“Evaluation of the EU policy on the transport of dangerous goods since 1994”, as indicated 
in  the  Impact  assessment  point  1.3.1.  The  evaluation  supported  the  idea  laid  down  in  the 
proposal. 

6.2.3.  Terms and frequency of future evaluation 

A corresponding evaluation as in 6.2.2 to be carried out in 2015. 

7. 

ANTI-FRAUD MEASURES  

Since  the  Commission  will  pay  only  having  received  the  outputs  (national  translations  of 
international agreements), the quality of which can be verified, there is no risk of fraud.  

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8. 

DETAILS OF RESOURCES 

8.1. 

Objectives of the proposal in terms of their financial cost (Year n = 2006) 

Commitment appropriations in EUR million (to 3 decimal places) 

Type of output 

Av. 
cost 

Year n 

Year n+1 

Year n+2 

Year n+3 

Year n+4 

Year n+5 and 
later 

TOTAL 

No. 
outputs 

Total 
cost 

No. 
outputs 

Total 
cost 

No. 
outputs 

Total 
cost 

No. 
outputs 

Total 
cost 

No. 
outputs 

Total 
cost 

No. 
outputs 

Total 
cost 

No. 
outputs 

Total 
cost 

of 

(Headings 
Objectives, 
and 
actions 
outputs should be 
provided) 

OPERATIONAL 
OBJECTIVE No.1 
24 Reinforce the 
security in 
transport  

Action 1  
Proposal for a 
dangerous goods 
directive 

Output 1 

Translations 

0.01 

Sub-total 
Objective 1 

TOTAL COST 

0.01 

0.01 

50 

50 

0.5 

0.5 

50 

50 

0.5 

0.5 

100 

100 

1.0 

1.0 

50 

0.5 

50 

0.5 

100 

1.0 

24 

As described under Section 5.3 

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8.2. 

Administrative Expenditure 

8.2.1.  Number and type of human resources 

Types of post 

Staff to be assigned to management of the action using existing and/or 
additional resources (number of posts/FTEs) 

Year n 

Year n+1  Year n+2  Year n+3  Year n+4  Year n+5 

Officials or 
temporary 
staff25 (XX 01 
01) 

A*/AD 

B*, 
C*/AST 

Staff  financed26  by  art. 
XX 01 02 

Other  staff27  financed by 
art. XX 01 04/05 

TOTAL 

8.2.2.  Description of tasks deriving from the action 

8.2.3. 

Sources of human resources (statutory) 

(cid:133) 

(cid:133) 

(cid:133) 

(cid:133) 

(cid:133) 

Posts currently allocated to the management of the programme to be replaced 
or extended 

Posts pre-allocated within the APS/PDB exercise for year n 

Posts to be requested in the next APS/PDB procedure 

Posts  to  be  redeployed  using  existing  resources  within  the  managing  service 
(internal redeployment) 

Posts required for year n although not foreseen in the APS/PDB exercise of the 
year in question 

25 
26 
27 

Cost of which is NOT covered by the reference amount 
Cost of which is NOT covered by the reference amount 
Cost of which is included within the reference amount 

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8.2.4.  Other  Administrative  expenditure  included  in  reference  amount  (XX  01  04/05  – 

Expenditure on administrative management) 

Budget line 

(number and heading) 

EUR million (to 3 decimal places) 

Year 
n 

Year 
n+1 

Year 
n+2 

Year 
n+3 

Year 
n+4 

Year 
n+5  

and 
later 

TOTAL 

Technical 

1 
and 
assistance (including related staff costs) 

administrative 

Executive agencies28 

Other 

technical 

and 

administrative 

assistance 

- intra muros  

- extra muros 

Total  Technical  and  administrative 
assistance 

8.2.5.  Financial cost of human resources and associated costs not included in the reference 

amount 

EUR million (to 3 decimal places) 

Type of human resources 

Year n 

Year 
n+1 

Year 
n+2 

Year 
n+3 

Year 
n+4 

Year 
n+5 

and later 

Officials  and  temporary  staff 
(XX 01 01) 

Staff  financed  by  Art  XX  01 
02  (auxiliary,  END,  contract 
staff, etc.) 

(specify budget line) 

cost 

Total 
of  Human 
Resources  and  associated 
costs 
in  reference 
amount) 

(NOT 

28 

Reference should be made to the specific legislative financial statement for the Executive Agency(ies) 
concerned. 

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Calculation– Officials and Temporary agents 

Calculation– Staff financed under art. XX 01 02 

8.2.6. Other administrative expenditure not included in reference amount 

EUR million (to 3 decimal places)

Year 
n 

Year 
n+1 

Year 
n+2 

Year 
n+3 

Year 
n+4 

Year 
n+5 

and 
later 

TOTAL 

XX 01 02 11 01 – Missions 

XX 01 02 11 02 – Meetings & Conferences 

XX 01 02 11 03 – Committees29  

XX 01 02 11 04 – Studies & consultations 

XX 01 02 11 05 - Information systems 

2 

Total 

Other  Management 

Expenditure (XX 01 02 11) 

3  Other 

expenditure 

administrative 
including reference to budget line) 

nature 

of 

an 
(specify 

expenditure, 
than  human  resources  and 
in 

Total  Administrative 
other 
associated  costs  (NOT 
reference amount) 

included 

Calculation - Other administrative expenditure not included in reference amount 

29 

Specify the type of committee and the group to which it belongs. 

EN 

85 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
EN 

86 

   EN