2009/240/EC: Commission Decision of 4 March 2009 authorising Member States to adopt certain derogations pursuant to Directive 2008/68/EC of the European Parliament and of the Council on the inland transport of dangerous goods (notified under document number C(2009) 1327)
Date: 2009-03-04
Institutions: European Commission
Subjects: inland transport, inland waterway transport, rail transport, road transport, transport of dangerous goods, transport safety

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COMMISSION DECISION

of 4 March 2009

authorising Member States to adopt certain derogations pursuant to Directive 2008/68/EC of the
European Parliament and of the Council on the inland transport of dangerous goods

(notified under document number C(2009) 1327)

(2009/240/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

HAS ADOPTED THIS DECISION:

Having regard to the Treaty
Community,

establishing the European

Having regard to Directive 2008/68/EC of
the European
Parliament and of the Council of 24 September 2008 on the
inland transport of dangerous goods (1), and in particular
Article 6(2) thereof,

Whereas:

Annex I, Section I.3, Annex II, Section II.3, and Annex
III, Section III.3, to Directive 2008/68/EC contain lists of
national derogations, allowing specific national circum­
stances to be taken into account. Those lists should be
updated to include new national derogations.

Article 1

The Member States listed in the Annex to this Decision are
authorised to implement
therein
regarding the transport of dangerous goods within their
territory.

the derogations

set out

These derogations shall be applied without discrimination.

Article 2

Annex I, Section I.3, Annex II, Section II.3, and Annex III,
amended in
to Directive 2008/68/EC are
Section III.3,
accordance with the Annex to this Decision.

Article 3

For reasons of clarity, it is appropriate to replace those
sections in their entirety.

This Decision is addressed to the Member States.

Directive 2008/68/EC should therefore be amended
accordingly.

Done at Brussels, 4 March 2009.

The measures provided for
accordance with the opinion of
dangerous
2008/68/EC,

goods Committee

in this Decision are in
transport of
set up by Directive

the

For the Commission

Antonio TAJANI
Vice-President

(1)

(2)

(3)

(4)

(1) OJ L 260, 30.9.2008, p. 13.

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ANNEX

Annex I, Section I.3, Annex II, Section II.3, and Annex III, Section III.3, to Directive 2008/68/EC are amended as follows:

1. Annex I, Section I.3, is replaced by the following:

‘I.3. National derogations

Derogations for Member States for the transport of dangerous goods within their territory on the basis of Article 6(2)
of this Directive.

Numbering of derogations: RO-a/bi/bii-MS-nn

RO = road

a/bi/bii = Article 6(2) a/bi/bii

MS = abbreviation of Member State

nn = order number

Based on Article 6(2)(a) of Directive 2008/68/EC

BE Belgium
RO–a–BE–1
Subject: Class 1 — Small quantities.

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

Content of the Annex to the Directive: 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 to the national

legislation: Article 111 de l’arrêté royal 23 septembre 1958 sur les produits explosifs.

Expiry date: 30 June 2015.

RO–a–BE–2

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

Reference to Annex I, Section 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: Dérogation 6-97.

Comments: Derogation registered by the European Commission as No 21 (under Article 6(10) of Directive 94/55/EC).

Expiry date: 30 June 2015.

RO–a–BE–3
Subject: Adoption of RO–a–UK–4.

Initial reference to the national legislation:

Expiry date: 30 June 2015.

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RO–a–BE–4

Subject: exemption of all ADR requirements for the national transport of maximum 1 000 used ionic smoke detectors
from private households to the treatment facility in Belgium via the collection points foreseen in the scenario for the
selective collection of smoke detectors.

Reference to ADR: all requirements.

Reference to Annex I, Section I.1, to this Directive:

Content of the national legislation: The domestic use of ionic smoke detectors is not submitted to regulatory control
from a radiological point of view once the smoke detector is of an approved type. The transport of these smoke
detectors to the end-user is also exempted from ADR requirements (see 2.2.7.1.2(d)).

The WEEE Directive 2002/96/EC (waste electric and electronic equipments) requires the selective collection of used
smoke detectors for treatment of the circuit boards and, for the ionic smoke detectors, to take out the radioactive
substances. To make this selective collection possible a scenario has been developed to stimulate private households to
bring their used smoke detectors to a collection point from which these detectors can be carried to a treatment facility
sometimes via a second collection point or an intermediate storage place.

At the collection points metal packagings will be made available wherein a maximum of 1 000 smoke detectors can
be packed. From these points one such package with the smoke detectors can be transported together with others
wastes to an intermediate storage or the treatment facility. The package will be labelled with the word “smoke
detector”.

Initial reference to the national legislation: scenario for the selective collection of smoke detectors makes part of the
conditions for removal of approved instruments foreseen in article 3.1.d.2 of the royal decree of 20 July 2001: the
general radiation protection regulation.

Comments: This derogation is necessary to make the selective collection of used ionic smoke detectors possible.

Expiry date: 30 June 2015.

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, Section 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 1 000 (comparable with
1.1.3.6.4) shall not be exceeded.

Initial reference to the national legislation: Gefahrgut-Ausnahmeverordnung — GGAV 2002 vom 6. November 2002 (BGBl.
I S. 4350); Ausnahme 28.

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

Expiry date: 30 June 2015.

RO–a–DE–2
Subject: Exemption from the 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, Section 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.

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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. November 2002 (BGBl.
I S. 4350); 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 Article 6(10) of Directive 94/55/EC).

Expiry date: 30 June 2015.

RO–a–DE–3

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

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

Content of
instructions for vehicle crews.

the Annex to the Directive: Packaging, marking, documents,

transport and handling instructions,

Content of the national legislation: Specification of applicable regulations and ancillary provisions for applying the
derogation; up to 1 000 l: comparable with empty, non-cleaned packaging; above 1 000 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. November 2002 (BGBl.
I S. 4350); Ausnahme 24.

Comments: List Nos 7, 38, 38a.

Expiry date: 30 June 2015.

RO–a–DE–5

Subject: Combined packaging authorisation.

Reference to Annex I, Section 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.

Initial reference to the national legislation: Gefahrgut-Ausnahmeverordnung — GGAV 2002 vom 6. November 2002 (BGBl.
I S. 4350); Ausnahme 21.

Comments: List Nos 30*, 30a, 30b, 30c, 30d, 30e, 30f, 30g.

Expiry date: 30 June 2015.

DK Denmark
RO–a–DK–1

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

Reference to Annex I, Section I.1, to this Directive: Parts 2, 3, 4.1, 5.2, 5.4 and 8.2.

Content of the Annex to the Directive: Principles for classification, special provisions, packing provisions, marking and
labelling provisions, transport document and training.

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legislation: Inner packagings or articles containing waste or residues of dangerous goods
Content of the national
collected from households or certain enterprises may be packed together in outer packagings. The contents of each
inner packaging and/or each outer packaging must not exceed set mass or volume limits. Derogations from the
provisions concerning classification, packaging, marking and labelling, documentation and training.

Initial reference to the national legislation: Bekendtgørelse nr. 437 af 6. juni 2005 om vejtransport af 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 dangerous goods 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.

Expiry date: 30 June 2015.

RO–a–DK–2

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

Reference to Annex I, Section 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 the 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. 1.

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 to the workplace and back again.

When the Danish legislation concerning the transport of dangerous goods is amended, the Danish authorities will
allow such transport under the following conditions:

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

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

3. Detonators and explosive substances must be packed separately in UN-certified packaging in accordance with the

rules set out in Directive 2000/61/EC amending Directive 94/55/EC.

4. 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 the transport of dangerous goods by road must be observed.

Expiry date: 30 June 2015.

FI Finland
RO–a–FI–1

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

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

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

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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 with a weight of
maximum 50 kg for the purposes of healthcare and research, the vehicle need not be marked and equipped according
to the ADR.

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

Expiry date: 30 June 2015.

RO–a–FI–2

Subject: Description of empty tanks in the transport document.

Reference to Annex I, Section I.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 multiple element gas containers (MEGCs).

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 the 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).

Expiry date: 30 June 2015.

RO–a–FI–3

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

Reference to Annex I, Section 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).

Expiry date: 30 June 2015.

FR France
RO–a–FR–1

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

Reference to Annex I, Section 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 des marchandises dangereuses par route
— Article 28.

Expiry date: 30 June 2015.

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RO–a–FR–2

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

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

Content of the national legislation: Exemption from the requirements of the ADR for the transport of waste arising
from care activities presenting a risk of infection 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 des marchandises dangereuses par route
— Article 12.

Expiry date: 30 June 2015.

RO–a–FR–3

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

Reference to Annex I, Section 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 des marchandises dangereuses par route
— Article 21.

Comments: Only dangerous goods for personal or own professional use are permitted to be carried in hand luggage.
Portable gas receptacles are allowed for patients with respiratory problems in the necessary amount for one journey.

Expiry date: 30 June 2015.

RO–a–FR–4

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

Reference to Annex I, Section 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 des marchandises dangereuses par route
— Article 23-2.

Expiry date: 30 June 2015.

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. < 23 °C) and ADR Class 6.1, listed under 2.2.61.3 as T6
pesticides, liquid (flash point not less than 23 °C), 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, Section I.1, to this Directive: 5.4.

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

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Content of the national legislation: A 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.

Expiry date: 30 June 2015.

RO–a–IE–2

Subject: Exemption from some of the provisions of the ADR on the packaging, marking and labelling 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 UN 0092, UN 0093, UN 0191,
UN 0195, UN 0197, UN 0240, UN 0312, UN 0403, UN 0404 or UN 0453 for carriage to the nearest military
barracks for disposal.

Reference to Annex I, Section 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 expired
pyrotechnic articles bearing the respective UN numbers UN 0092, UN 0093, UN 0191, UN 0195, UN 0197, UN
0240, UN 0312, UN 0403, UN 0404 or UN 0453 for carriage 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 Regu­
lations 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 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) for local transport.

Expiry date: 30 June 2015.

RO–a–IE–3

Subject: Exemption from the requirements of 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, Section 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: Exemption from the requirements of 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 that (a) as much of the pipe work which was connected to the tank as 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,
in so far as it is reasonably
practicable to do so.

Initial reference to the national legislation: Proposed amendment to “Carriage of Dangerous Goods by Road Regu­
lations, 2004”.

Comments: These tanks are used for the 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 Article 6(10) of Directive 94/55/EC.

Expiry date: 30 June 2015.

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RO–a–IE–4

Subject: Exemption from the requirements of 5.3, 5.4, 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, Section I.1, to this Directive: 5.3, 5.4, 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: Exemption from the requirements of 5.3, 5.4, 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 according
to the ADR, together with small quantities of small cylinders of associated dispensing gases.

Previously under Article 6(10) of Directive 94/55/EC.

Expiry date: 30 June 2015.

RO–a–IE–5

Subject: Exemption, for national transport within Ireland, from the construction and testing requirements for recep­
tacles, and their provisions on use, contained in 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, Section 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 journeys,
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: The provisions of 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 (iii)); (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 (iii)); 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 user,
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 the ADR, they are in compliance with and accepted for the purposes of 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 that these cylinders and pressure drums be distributed to the final user locally within Ireland in small
quantities. This carriage, within Ireland, would fall within the amended Article 6(9) of Directive 94/55/EC.

Expiry date: 30 June 2015.

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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).

Expiry date: 30 June 2015.

UK United Kingdom
RO–a–UK–1

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

Reference to Annex I, Section I.1, to this Directive: Most requirements of the 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 International Atomic Energy Agency (IAEA) regulations have been incorporated into the ADR.

Expiry date: 30 June 2015.

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, Section I.1, to this 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.

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.

Expiry date: 30 June 2015.

RO–a–UK–3

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

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

Content of the Annex to the Directive: Requirement for vehicles to carry firefighting appliances.

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Content of the national
packages (UN 2908, 2909, 2910 and 2911).

legislation: Removes requirement to carry fire extinguishers when carrying only excepted

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

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

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

Expiry date: 30 June 2015.

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, Section I.1, to this Directive: 6.1.

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

Content of national legislation: Packaging is not required to have been allocated an RID/ADR or UN mark or to be
otherwise marked if it contains goods as set out in Schedule 3.

Initial reference to the 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: The requirements of the ADR 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.

Expiry date: 30 June 2015.

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, Section 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, Regulation 13 and Schedule 5;
Regulation 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 Article 6(10) of Directive 94/55/EC.

Expiry date: 30 June 2015.

RO–a–UK–6

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

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

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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, Regulation 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.

In the UK military explosives are mostly carried by commercial carriers and are thus unable to take advantage 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 ignite 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 the ignition of
cartridges.

Present safety standards would not be affected.

Expiry date: 30 June 2015.

RO–a–UK–7

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

Reference to Annex I, Section 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 the ADR 8.5 S1(6).

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

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

Expiry date: 30 June 2015.

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, Section 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
providing such carriage can be accomplished without risk.

legislation: National

legislation is less restrictive regarding mixed loading of explosives,

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

Comments: The UK wishes to permit some variations on the rules for mixing 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 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.

2. 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.

3. 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.

4. 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.

Expiry date: 30 June 2015.

RO–a–UK–9

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

in small vehicles.

Reference to Annex I, Section 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.

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

Vehicles must either:

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

(b) in the case of a vehicle carrying not more 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, may alternatively carry a
notice complying with the requirements laid down in national legislation.

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

Comments:

Expiry date: 30 June 2015.

Based on Article 6(2)(b)(i) of Directive 2008/68/EC

BE Belgium
RO–bi–BE–1

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

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Reference to Annex I, Section 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: Dérogations 2-89, 4-97 et 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 (intermediate bulk container (IBC), PG II, III Classes 3, 5.1, 6.1, 8 and

9),

Expiry date: 30 June 2015.

RO–bi–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 of the location of
the registered office).

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

Content of the Annex to the Directive:

Structure of the training:

1. training packages;

2. training tank;

3. special training Cl 1;

4. special training Cl 7.

Content of the national
organisation of courses and examination — derogations — penalties — final provisions.

legislation: Definitions — certificate — issue — duplicates — validity and extension —

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

Comments: It is proposed that an initial course be given followed by an examination limited to the transport of UN
1202, 1203 and 1223 in packages and in tanks within a radius of 75 km of 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(2) of Directive 2008/68/EC”.

Expiry date: 30 June 2015.

RO–bi–BE–4

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

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

Content of the national legislation: By derogation from the table in 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.

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Initial reference to the national legislation: Dérogation 01-2002.

Comments: This regulation may only be used for the short-distance transport of hazardous waste.

Expiry date: 30 June 2015.

RO–bi–BE–5

Subject: Carriage of waste to waste disposal plants.

Reference to Annex I, Section 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 waste according to the ADR, waste is assigned to different
groups (flammable solvents, paints, acids, batteries, etc.)
to avoid dangerous reactions within one group. The
requirements for the manufacture of packaging are less restrictive.

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

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

Expiry date: 30 June 2015.

RO–bi–BE–6
Subject: Adoption of RO–bi–SE–5.

Initial reference to the national legislation:

Expiry date: 30 June 2015.

RO–bi–BE–7
Subject: Adoption of RO–bi–SE–6

Initial reference to the national legislation:

Expiry date: 30 June 2015.

RO–bi–BE–8
Subject: Adoption of RO–bi–UK–2.

Initial reference to the national legislation:

Expiry date: 30 June 2015.

DE Germany
RO–bi–DE–1

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

Reference to Annex I, Section 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:

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No indication needed in the transport document:

(a)

for the consignee in case of local distribution (except for full

load and for transport with certain routings);

(b) for the amount and types of packaging, if 1.1.3.6 is not applied and if the vehicle is in conformity with all the

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 6. November 2002 (BGBl.
I S. 4350); Ausnahme 18.

Comments: Applying all provisions would not be practicable as regards the kind of traffic concerned.

Derogation is registered by the European Commission as No 22 (under Article 6(10) of Directive 94/55/EC).

Expiry date: 30 June 2015.

RO–bi–DE–2

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

Reference to Annex I, Section 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 6. November 2002 (BGBl.
I S. 4350); Ausnahme 11.

Comments: Derogation 11 limited to 31 December 2004; as from 2005, same provisions in the ADR and RID.

See also Multilateral Agreement M137.

List No 4*.

Expiry date: 30 June 2015.

RO–bi–DE–3

Subject: Transportation of packaged hazardous waste.

Reference to Annex I, Section I.1, to this Directive: 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 packaging (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 6. November 2002 (BGBl.
I S. 4350); Ausnahme 20.

Comments: List No 6*.

Expiry date: 30 June 2015.

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DK Denmark
RO–bi–DK–1
Subject: UN 1202, 1203, 1223 and Class 2 — no transport document.

Reference to Annex I, Section 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 written instructions besides
the information requested in the ADR, contain information relating to the UN number, name and class.

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

Comments: The reason for having the abovementioned 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) of Directive 94/55/EC.

Expiry date: 30 June 2015.

RO–bi–DK–2
Subject: Adoption of RO–bi–SE–6.

legislation: Bekendtgørelse nr. 437 af 6.

juni 2005 om vejtransport af farligt gods, as

Initial reference to the national
amended.

Expiry date: 30 June 2015.

RO–bi–DK–3
Subject: Adoption of RO–bi–UK–1.

legislation: Bekendtgørelse nr. 437 af 6.

juni 2005 om vejtransport af farligt gods, as

Initial reference to the national
amended.

Expiry date: 30 June 2015.

EL Greece
RO–bi–EL–1

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

Reference to Annex I, Section 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), removable tanks and tank containers and tank swap bodies, with shells
made of metallic materials, and battery-vehicles and MEGCs.

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legislation: Transitional provision: Fixed tanks (tank vehicles), removable tanks and tank
Content of the national
containers first
registered in Greece between 1 January 1985 and 31 December 2001 may be used until
31 December 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 during the aforementioned
period. This transitional provision will be in force for tank vehicles adapted according to:

1. Paragraphs of the ADR 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).

2. Minimum shell thickness of 3 mm for tanks with a shell compartment capacity of up to 3 500 l, and at least 4 mm
thickness of mild steel for tanks with compartments with a capacity of up to 6 000 l, regardless of the type or
thickness of the partitions.

3. If the material used is aluminium or another metal, tanks should fulfil the requirements for thickness and other
technical specifications derived 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 6.8.2.1.17
(211 127).

4. Tanks should fulfil the requirements of marginal paragraphs 211 128, 6.8.2.1.28 (211 129), paragraph 6.8.2.2

with subparagraphs 6.8.2.2.1 and 6.8.2.2.2 (211 130, 211 131).

More precisely, tank vehicles with a mass of less than 4 t used for the local transport of gas oil only (UN 1202), first
registered before 31 December 2002, whose shell thickness is less than 3 mm, may be used only if they are
transformed according to marginal paragraph 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), αποσυναρ­
μολογούμενες δεξαμενές που βρίσκονται σε κυκλοφορία (Requirements for construction, equipment, inspections and tests
of fixed tanks (tank vehicles) and removable tanks in circulation, for some categories of dangerous goods).

Expiry date: 30 June 2015.

RO-bi–EL–2

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

Reference to Annex I, Section 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 abovementioned vehicles must comply with the requirements of 9 (9.2.1 to 9.2.6) of Annex B to the Directive
94/55/EC with the following exceptions.

Compliance with the requirements of 9.2.3.2 is necessary 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 9.2.3.3.1, but
not necessarily complying with 9.2.3.3.2 and 9.2.3.3.3.

The electrical supply to the tachograph must 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 must be installed where
it was originally 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) must comply with the requirements of 9.2.2.3, 9.2.2.6, 9.2.4.3 and 9.2.4.5 but not necessarily with the
other ones.

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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 abovementioned 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.

Expiry date: 30 June 2015.

ES Spain
RO–bi–ES–1

Subject: Special equipment for distribution of anhydrous ammonia.

Reference to Annex I, Section 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 551/2006. 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 on large farms.

Expiry date: 30 June 2015.

FI Finland
RO–bi–FI–1

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

Reference to Annex I, Section 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 transported locally.

Derogation is registered by the European Commission as No 31.

Expiry date: 30 June 2015.

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RO–bi–FI–2
Subject: Adoption of RO–bi–SE–10.

Initial reference to the national legislation:

Expiry date: 30 June 2015.

FR France
RO–bi–FR–1

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

Reference to Annex I, Section 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 des marchandises dangereuses par route
— Article 23-4.

Expiry date: 30 June 2015.

RO–bi–FR–2

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

Reference to Annex I, Section 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.

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 des marchandises dangereuses par route
— Article 26.

Expiry date: 30 June 2015.

RO–bi–FR–3

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

Reference to Annex I, Section 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 des marchandises dangereuses par route
— Article 30.

Expiry date: 30 June 2015.

RO–bi–FR–4

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

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

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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 des marchandises dangereuses par route
— Article 29-2 — Annexe D4.

Expiry date: 30 June 2015.

IE Ireland
RO-bi–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, Section I.1, to this Directive: 5.4.

Content of the Annex to the Directive: Documentation.

legislation: Where kerosene, diesel fuel or liquefied petroleum gas, bearing the respective
Content of the national
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 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
it is common practice to replace empty cylinders with full ones — hence the number of customers
households,
and their individual consignments are unknown at the beginning of the transport operation.

Expiry date: 30 June 2015.

RO–bi–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, Section 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 further deliveries) immediately after delivery of the last load.

Expiry date: 30 June 2015.

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RO–bi–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, Section 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.

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.

Expiry date: 30 June 2015.

RO–bi–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 the same vehicle with dangerous goods, in tanks, of Classes
3, 5.1 and 8.

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

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

legislation: Packages containing articles of Compatibility Group B of ADR Class 1 and
Content of the national
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”.

Expiry date: 30 June 2015.

RO–bi–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, Section 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 1011, UN
1202, UN 1223, UN 1863 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”.

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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.

Expiry date: 30 June 2015.

RO–bi–IE–7

Subject: Exemption from some requirements of 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, Section 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 the requirements of the ADR 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 provisions of the ADR 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”.

Expiry date: 30 June 2015.

LT Lithuania
RO–bi–LT–1
Subject: Adoption of RO–bi–EL–1.

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).

Expiry date: 30 June 2015.

RO–bi–LT–2
Subject: Adoption of RO–bi–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).

Expiry date: 30 June 2015.

NL The Netherlands
RO–bi–NL–13

Subject: Scheme for transport of domestic hazardous waste 2004.

Reference to Annex I, Section I.1, to this Directive: 1.1.3.6, 3.3, 4.1.4, 4.1.6, 4.1.8, 4.1.10, 5.1.2, 5.4.0, 5.4.1, 5.4.3,
6.1, 7.5.4, 7.5.7, 7.5.9, 8 and 9.

Content of the Annex to the Directive: Exemptions for certain quantities; special provisions; use of packaging; use of
over-packaging; documentation; construction and testing of packaging; loading, unloading and handling; manning;
equipment; operation; vehicles and documentation; construction and approval of vehicles.

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Content of the national legislation: 17 substantive provisions relating to the transport of small collected domestic
hazardous waste. Given the small quantities involved in each instance and given the diverse nature of the various
substances, it is not possible to conduct the transport operations in total compliance with ADR rules. Accordingly, a
simplified variant deviating from a number of provisions in the ADR is therefore stipulated under the abovementioned
scheme.

Initial reference to the national legislation: Scheme for transport of domestic hazardous waste 2004.

Comments: The scheme was set up to enable individuals to deposit small chemical waste at a single location. The
substances in question therefore consist of residues such as paint waste. 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 plus a yellow
flashing light clearly visible to members of the public. The crucial point as far as transport is concerned is that safety is
guaranteed. This can be achieved by, for instance, having the substances transported in sealed packagings so as to
avoid dispersal, or the risk of toxic vapours leaking or accumulating in the vehicle. Incorporated in the vehicle are
units suitable for storing the various categories of waste and providing protection against shunting and accidental
displacement as well as inadvertent opening. At the same time, notwithstanding the small quantities of waste
presented, the transport operator must have a certificate of professional competence, given the diverse nature of
the substances involved. Because of the lack of knowledge on the part of private individuals regarding the danger levels
associated with these substances, written instructions should be provided, as stipulated in the Annex to the scheme.

Expiry date: 30 June 2015.

PT Portugal
RO–bi–PT–1

Subject: Transport documentation for UN 1965.

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

Content of the Annex to the Directive: Requirements for transport documentation.

Content of the national legislation: The proper shipping name to be indicated in the transport document, as provided
for in Section 5.4.1 of the RPE (Regulamento Nacional de Transporte de Mercadorias Perigosas por Estrada), for commercial
butane and propane gases covered by the collective heading “UN No 1965 hydrocarbon gas mixture, liquefied, n.o.s.”,
transported in cylinders, may be replaced by other trade names as follows:

“UN 1965 Butane” in the case of mixtures A, A01, A02 and A0, as described in subsection 2.2.2.3 of the RPE,
transported in cylinders;

“UN 1965 Propane” in the case of mixture C, as described in subsection 2.2.2.3 of the RPE, transported in cylinders.

Initial reference to the national legislation: Despacho DGTT 7560/2004, 16 April 2004, under Article 5, No 1, of Decreto-
Lei No 267-A/2003 of 27 October.

Comments: The importance of making it easier for economic operators to fill in transport documents for dangerous
goods is recognised, provided that the safety of these operations is not affected.

Expiry date: 30 June 2015.

RO–bi–PT–2

Subject: Transport documentation for empty uncleaned tanks and containers.

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

Content of the Annex to the Directive: Requirements for transport documentation

Content of the national
legislation: For the return journeys of empty tanks and containers that have transported
dangerous goods, the transport document referred to in Section 5.4.1 of the RPE may be replaced by the transport
document issued for the immediately preceding journey made to deliver the goods.

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Initial reference to the national legislation: Despacho DGTT 15162/2004, 28 July 2004, under Article 5, No 1, of Decreto-
Lei No 267-A/2003 of 27 October.

Comments: The obligation that the transport of empty tanks and containers that have contained dangerous goods be
accompanied by a transport document in accordance with the RPE causes, in certain cases, practical difficulties, which
can be kept to the minimum without prejudice to safety.

Expiry date: 30 June 2015.

SE Sweden
RO–bi–SE–1

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

Reference to Annex I, Section 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
requirements for the construction and testing of packaging, and modified labelling and marking requirements.

legislation: The legislation consists of simplified classification criteria,

the national

less restrictive

Instead of classifying hazardous waste according to the ADR, it is assigned to different waste groups. Each waste group
contains substances that can, in accordance with the 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 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.

Expiry date: 30 June 2015.

RO–bi–SE–2

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

Reference to Annex I, Section 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
required if empty, uncleaned packaging is returned as part of a distribution system.

legislation: National

legislation states that the name and address of the consignor is not

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.

Expiry date: 30 June 2015.

RO–bi–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, Section I.1, to this Directive: Annexes A and B.

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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 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(14).

Expiry date: 30 June 2015.

RO–bi–SE–4

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

Reference to Annex I, Section 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 permitted only 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 be applied only by authorities seizing dangerous goods.

This derogation is intended for local transport, for example, of goods that have been seized by the police, such as
explosives or stolen property. The problem with these types of goods is that one can never be sure of classifications. In
addition, the goods are often not packed, marked or labelled in accordance with the 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 a facility where evidence is stored 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.

Expiry date: 30 June 2015.

RO–bi–SE–5

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

Reference to Annex I, Section 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.

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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: Compare Directive 96/49/EC, Article 6(14).

Expiry date: 30 June 2015.

RO–bi–SE–6
Subject: Inspectors’ ADR training certificate.

Reference to Annex I, Section 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.

Expiry date: 30 June 2015.

RO–bi–SE–7

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

Reference to Annex I, Section 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.

Expiry date: 30 June 2015.

RO–bi–SE–9

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

Reference to Annex I, Section 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
comply with some regulations:

legislation: Local transport in relation to agricultural sites or construction sites need not

(a)

the dangerous goods declaration is not required;

(b) older tanks/containers not constructed according to 6.8 but according to older national legislation and fitted on

crew wagons may still be used;

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(c) 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;

(d) certificates 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.

Expiry date: 30 June 2015.

RO–bi–SE–10

Subject: Tank transport of explosives.

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

Content of the Annex to the Directive: Explosives may be packaged only 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 applicable only to domestic transport and when the transport operation is mostly of a local nature.
The regulations in question were in force before Sweden joined the European Union.

Only two companies perform transport operations with explosives in tank vehicles. In the near future transition to
emulsions is expected.

Old derogation No 84.

Expiry date: 30 June 2015.

RO–bi–SE–11
Subject: Driver’s licence.

Reference to Annex I, Section 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.

Expiry date: 30 June 2015.

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RO–bi–SE–12

Subject: Carriage of UN 0335 fireworks.

Reference to Annex I, Section I.1, to this Directive: Annex B, 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 applicable
only to a net explosive content of more than 3 000 kg (4 000 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 a lack of EX-approved vehicles. The carriers are not
interested in investing in such approvals because they cannot recover their costs. 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, 3.3.1 of the ADR
2005.

Expiry date: 30 June 2015.

UK United Kingdom
RO–bi–UK–1

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

Reference to Annex I, Section 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.

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

Expiry date: 30 June 2015.

RO–bi–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, Section I.1, to this Directive: 8.3.3.

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Content of the Annex to the Directive: Prohibition on driver or 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, Regulation 12(3).

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

Expiry date: 30 June 2015.

RO–bi–UK–3

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

Reference to Annex I, Section I.1, to this Directive: 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.

Expiry date: 30 June 2015.

RO–bi–UK–4
Subject: Adoption of RO–bi–SE–12.

Initial reference to the national legislation: The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment
Regulations 2007 Part 1.

Expiry date: 30 June 2015.

RO–bi–UK–5

Subject: Collection of used batteries for disposal or recycling.

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

Content of the Annex to the Directive: special provision 636

Content of the national legislation: Permits the following alternative conditions for special provision 636 of Chapter
3.3:

Used lithium cells and batteries (UN 3090 and UN 3091) collected and presented for carriage for disposal between the
consumer collecting point and the intermediate processing facility, together with other non-lithium cells or batteries
(UN 2800 and UN 3028), are not subject to the other provisions of ADR if they meet the following conditions:

They shall be packed in IH2 drums or 4H2 boxes conforming to the packing group II performance level for solids;

Not more than 5 % of each package shall be lithium and lithium ion batteries;

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The maximum gross mass of each package shall not exceed 25 kg;

The total quantity of packages per Transport Unit shall not exceed 333 kg;

No other dangerous goods may be carried.

Initial reference to the national legislation: The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment
2007 part 1.

Comments: Consumer collection points are usually in retail outlets and it is not practical to train large numbers of
people to sort and package used batteries in accordance with ADR. The UK system would operate under guidelines set
by the UK Waste and resources action programme and would involve the supplying suitable ADR compliant
packaging and appropriate instructions.

Expiry date: 30 June 2015.’

2. Annex II, Section II.3, is replaced by the following:

‘II.3. National derogations

Derogations for Member States for the transport of dangerous goods within their territory on the basis of Article 6(2)
of this Directive.

Numbering of derogations: RA-a/bi/bii-MS-nn

RA = rail

a/bi/bii = Article 6(2) a/bi/bii

MS = abbreviation of Member State

nn = order number

Based on Article 6(2)(a) of Directive 2008/68/EC

DE Germany
RA–a–DE–2

Subject: Combined packaging authorisation.

Reference to Annex II, Section 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 6. November 2002 (BGBl.
I S. 4350); Ausnahme 21.

Comments: List Nos 30*, 30a, 30b, 30c, 30d, 30e, 30f, 30g.

Expiry date: 30 June 2015.

FR France
RA–a–FR–1

Subject: Transport of registered luggage in passenger trains.

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

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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 des marchandises dangereuses par
chemin de fer — Article 18.

Expiry date: 30 June 2015.

RA–a–FR–2

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

Reference to Annex II, Section 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 des marchandises dangereuses par
chemin de fer — Article 19.

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

Expiry date: 30 June 2015.

RA–a–FR–3

Subject: Transport for the needs of the rail carrier.

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

Content of
consignment note.

the Annex to the Directive:

Information concerning hazardous materials to be indicated on the

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 des marchandises dangereuses par
chemin de fer — Article 20.2.

Expiry date: 30 June 2015.

RA–a–FR–4

Subject: Exemption from the labelling of certain mail wagons.

Reference to Annex II, Section 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 des marchandises dangereuses par
chemin de fer — Article 21.1.

Expiry date: 30 June 2015.

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RA–a–FR–5

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

Reference to Annex II, Section 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 des marchandises dangereuses par
chemin de fer — Article 21.2.

Expiry date: 30 June 2015.

RA–a–FR–6

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

Reference to Annex II, Section 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 des marchandises dangereuses par
chemin de fer — Article 21.3.

Expiry date: 30 June 2015.

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, Section 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 the RID for goods designated as express goods. Therefore it is a small quantity
issue.

Expiry date: 30 June 2015.

UK United Kingdom
RA–a–UK–1

Subject: Carriage of items containing certain low-hazard radioactive material such as clocks, watches, smoke detectors,
compass dials.

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

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

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Content of the national
commercial products containing limited quantities of radioactive material.

legislation: Total exemption from the provisions of the national regulations for certain

Initial reference to the national legislation: Packaging, Labelling and Carriage of Radioactive Material by Rail Regulations
1996, Regulation 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 the RID.

Expiry date: 30 June 2015.

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, Section 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
providing such carriage can be accomplished without risk.

legislation: National

legislation is less restrictive regarding mixed loading of explosives,

Initial reference to the national legislation: Packaging, Labelling and Carriage of Radioactive Material by Rail Regulations
1996, Regulation 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 be permitted only if “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 UN number 1942. The quantity of UN 1942 that may be carried shall be limited
by deeming it to be an explosive of 1.1D;

2. 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;

3. 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;

4. 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.

Expiry date: 30 June 2015.

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, Section 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.

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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)(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.

Expiry date: 30 June 2015.

RA–a–UK–4
Subject: Adoption of RA–a–FR–6.

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

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

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.

Expiry date: 30 June 2015.

RA–a–UK–5

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.

Reference to Annex II, Section II.1, to this Directive: 6.1.

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

Content of the national legislation: Packagings are not required to have been allocated an RID/ADR or UN mark.

Initial reference to the national legislation: The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment
Regulations 2007: Regulation 26.

Comments: RID 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 rail leg of a local distribution journey without an outer packaging.

Expiry date: 30 June 2015.

Based on Article 6(2)(b)(i) of Directive 2008/68/EC

DE Germany
RA–bi–DE–2

Subject: Transportation of packaged hazardous waste.

Reference to Annex II, Section II.1, to this Directive: 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.

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Initial reference to the national legislation: Gefahrgut-Ausnahmeverordnung — GGAV 2002 vom 6. November 2002 (BGBl.
I S. 4350); Ausnahme 20.

Comments: List No 6*.

Expiry date: 30 June 2015.

DK Denmark
RA–bi–DK 1

Subject: Carriage of dangerous goods in tunnels.

Reference to Annex II, Section II.1 to this Directive: 7.5.

Content of the Annex to the Directive: Loading, unloading and protective distances.

Content of the national legislation: The legislation provides for alternative provisions than provided for in Annex II
section II.1 in this Directive regarding carriage through the rail tunnel of the fixed link across the Great Belt. These
alternative provisions relate only to load volume and the distance between dangerous goods loads.

Initial reference to the national legislation: Bestemmelser om transport af eksplosiver i jernbanetunnelerne på Storebælt og
Øresund, 15. februar 2005.

Comments:

Expiry date: 30 June 2015.

SE Sweden
RA–bi–SE–1

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

Reference to Annex II, Section II.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.

the national

legislation: The legislation consists of simplified classification criteria,

less restrictive
Content of
requirements for the construction and testing of packaging, and modified labelling and marking requirements.
Instead of classifying hazardous waste according to the RID,
it is assigned to different waste groups. Each waste
group contains substances that can, in accordance with the 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 be used only for the carriage of hazardous waste from public recycling sites to
hazardous waste disposal plants.

Expiry date: 30 June 2015.’

3. Annex III, Section III.3, is replaced by the following:

‘III.3. National derogations
— ............................................... ’