Olivier Kervella Chief, Dangerous Goods and Special Cargoes Section Transport Division, United Nations Economic Commission for Europe (UNECE) ADR European

Olivier KervellaChief, Dangerous Goods and Special Cargoes Section

Transport Division, United Nations Economic Commission for Europe

(UNECE)

ADREuropean Agreement concerning

the International Carriage of Dangerous Goods by Road (1957)

© United Nations Economic Commission for Europe 2

ADRWHY ADR ? (1)

–Dangerous goods = Wide range of commercial products moved–National regulations/International regulations

- Safety/Security- Protect people, property, environment- All modes

–ADR = Safety + Security + FacilitationHarmonized with other mode regulations (sea, air, rail) Allows carriers of one country to carry dangerous goods from this country through and to any other country Contracting PartyMutual recognition of certificates:

. Packaging certificates

. Vehicle certificates

. Tank certificates

. Driver training certificates


ADRWHY ADR ? (2)

– Mutual trust and cooperation between Contracting Parties

– High level of safety, but not excessive burden for countries

Possibility of negotiating derogations with other Contracting Parties (bilateral/multilateral)


ADRWHY APPLYING ADR TO DOMESTIC TRAFFIC AS WELL ?

• ADR = 1250 pagesAmended every two years to maintain harmonization with other modes

• Not realistic for a country to keep updated separately national regulations different from international regulations

• National and international regulations need be consistent


ADRAGREEMENT:• Done on 30 September 1957• Entered into force on 29 January 1968• Protocol of amendment of 21 August 1975

(entered into force on 19 April 1985)• Protocol of amendment of 1993 (not yet in force)

ANNEXES A AND B:• Regularly amended since 1968• Now amended every two years on the basis of UN Recommendations on the

Transport of Dangerous Goods• Latest edition in force since 1 January 2011• Next edition: 1 January 2013

UNECE Working Party on the Transport of Dangerous Goods (WP.15)• All UNECE countries• All non-UNECE countries interested in ADR (Voting rights for Parties to

ADR)


ADR

47 Contracting Parties as of 1 March 2011 (1)

27 EU countries: Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, United Kingdom


ADR47 Contracting Parties as of 1 March 2011 (2)•18 European non-EU countries: •Western and central Europe: Albania, Andorra, Bosnia-Herzegovina, Croatia, Liechtenstein, Norway, Switzerland, Montenegro, the Former Yugoslav Republic of Macedonia, Serbia, Turkey• Iceland•CIS countries: Azerbaijan, Belarus, Kazakhstan, Republic of Moldova, Russian Federation, Ukraine


ADR47Contracting Parties as of 1 March 2011 (3)•2 Non-European countries:North Africa : Morroco and Tunisia

Open to all UN Member States (by procedure of accession)

Geographical extension linked to territorial proximity

Simultaneous accession to ADR and 1993 Protocol recommended


ADR

•Dangerous goods barred from carriage by Annex A not accepted for international transport (very few; only extremely dangerous goods)•Other dangerous goods authorized subject to compliance with conditions of Annexes A and B (very wide range of goods of commercial importance)

Article 2

Agreement proper: main articles (1)


ADR

-Vehicles carrying dangerous goods in accordance with Annexes A and B must be accepted on the territory of all transit and destination countries which are Contracting Parties (except under Article 4).-Vehicles coming from non-Contracting Parties may be stopped and rejected at the border of any country.

Article 2 (cont’d)



ADR

• Each Contracting Party retain the right to regulate or prohibit, for reasons OTHER than safety during carriage, the entry of dangerous goods on its territory

• The Contracting Parties retain the right to arrange, by special bilateral or multilateral agreements, authorizations of carriage of forbidden dangerous goods or of carriage under LESS stringent conditions on their territories

Article 4



ADR

Annex A (“Parts 1-7”) Conditions applicable to goods

themselves (classification, packing, tanks, labelling, documents, etc.)

Directly based on the UN Model Regulations on the Transport of Dangerous GoodsNearly identical to - RID (rail)

- ADN (inland waterways)

- IMDG Code (sea)- ICAO TI (air)

Relevant for all modes of transport


ADR

Annex B (“Parts 8-9”) Conditions specific to road transport

– Vehicle crew, including training

– Operation and equipment

– Supervision

– Road tunnel restrictions

– Construction, approval, inspection


ADR

Implications for Contracting Parties (1) No financial implications resulting from

the Agreement itself

Administrative procedures for:- UN packagings and tanks approval- ADR tanks and vehicles approval/certificates- Dangerous goods safety adviser certificates- Driver training certificates- Enforcement (controls and checks; penalties)


ADR

Implications for Contracting Parties (2) Cooperation with other Contracting

Parties- UNECE Working Party on the Transport of Dangerous Goods (WP.15)

Application to domestic traffic not required by ADR but- Highly recommended by UNECE Inland

Transport Committee- Required for EU countries

(Directive 2008/68/EC) Notifications to the UNECE secretariat

(bilateral/multilateral agreements; accidents/incidents; transport restrictions)


ADR

Advantages for Contracting Parties (1) Transit or importing countries

- assurance of high level of transport safety- close cooperation with other Contracting Parties

and mutual trust- mechanisms for solving disputes

Exporting countries- Border-crossing and transit facilitation - No additional requirements imposed by transit ordestination countries- Recognition of certificates by other Contracting Parties- Close cooperation with other Contracting Parties

and mutual trust- Mechanisms for solving disputes


ADR

Advantages for Contracting Parties (2)

Possibility to arrange, through special bilateral or multilateral agreements, less stringent conditions

Full compatibility with other international obligations (transport of dangerous goods by rail, air and sea)


ADRACCESSION STEPS (1)

Establishment of a national coordination Committee under the responsibility of the Prime Minister office or a focal point ministry (e.g. Ministry of Transport) including:• Representatives of all ministries and agencies concerned e.g.:

Transport, Industry, Interior, Environment, Trade, Defense, Finance, Agriculture, Labour, Science, Education, Public Health, etc.

• Representatives of the private sector e.g.– Chemical/Petroleum/Gas industry– Transport sector– Packaging/tank/vehicle manufacturers, etc



Assessing national situation RE-ADR– Legislation– Regulations– Implementation bodies (Testing, certification, training, emergency

response)– Competent authorities– Enforcement bodies

Bridging the gap– Development of national regulations in line with ADR– Establishment of implementation bodies– Designation of competent authorities + training– Designation of enforcement bodies + training– Designation of focal point for national implementation and cooperation with the other States (through WP.15)

Express interest for participation in WP.15



RULING – Adapting existing legislation/regulations – Existing corresponding law

ACCEDING– Once all conditions are met;– Procedure depends on national law/constitution– Consult Ministry of Transport – Department of international relations and

Ministry of Foreign Affairs– Depositing instrument of accession to both ADR and Protocol of 1993

UPDATING– Mechanism for follow-up– Participation in WP.15– Information of stakeholders– Amendments every two years


Thank you!http://www.unece.org/trans/danger/danger.htm

Documents

Olivier Kervella Chief, Dangerous Goods and Special Cargoes Section Transport Division, United Nations Economic Commission for Europe (UNECE) ADR European