Olivier Kervella Chief, Dangerous Goods and Special Cargoes Section Transport Division, United Nations Economic Commissi - PowerPoint PPT Presentation

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Olivier Kervella Chief, Dangerous Goods and Special Cargoes Section Transport Division, United Nations Economic Commissi

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  1. ADREuropean Agreement concerning the International Carriage of Dangerous Goods by Road (1957) Olivier KervellaChief, Dangerous Goods and Special Cargoes SectionTransport Division, United Nations Economic Commission for Europe(UNECE)

  2. ADR WHY 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 + Facilitation Harmonized 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 Party Mutual recognition of certificates: . Packaging certificates . Vehicle certificates . Tank certificates . Driver training certificates © United Nations Economic Commission for Europe

  3. ADR WHY 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) © United Nations Economic Commission for Europe

  4. ADR WHY APPLYING ADR TO DOMESTIC TRAFFIC AS WELL ? • ADR = 1250 pages Amended 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 © United Nations Economic Commission for Europe

  5. ADR AGREEMENT: • 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) © United Nations Economic Commission for Europe

  6. 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 © United Nations Economic Commission for Europe

  7. ADR 47 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 © United Nations Economic Commission for Europe

  8. ADR 47 Contracting 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 © United Nations Economic Commission for Europe

  9. 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) Agreement proper: main articles (1) • Article 2 © United Nations Economic Commission for Europe

  10. ADR Agreement proper: main articles (2) • Article 2 (cont’d) -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. © United Nations Economic Commission for Europe

  11. ADR Agreement proper: main articles (3) • Article 4 • 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 © United Nations Economic Commission for Europe

  12. ADR • Annex A (“Parts 1-7”) • Conditions applicable to goods themselves (classification, packing, tanks, labelling, documents, etc.) • Relevant for all modes of transport • Directly based on the UN Model Regulations on the Transport of Dangerous Goods Nearly identical to - RID (rail) - ADN (inland waterways) - IMDG Code (sea) - ICAO TI (air) © United Nations Economic Commission for Europe

  13. 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 © United Nations Economic Commission for Europe

  14. 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) © United Nations Economic Commission for Europe

  15. 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) © United Nations Economic Commission for Europe

  16. 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 or destination countries - Recognition of certificates by other Contracting Parties - Close cooperation with other Contracting Parties and mutual trust - Mechanisms for solving disputes © United Nations Economic Commission for Europe

  17. 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) © United Nations Economic Commission for Europe

  18. ADR ACCESSION STEPS (1) • Establishment ofa 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 © United Nations Economic Commission for Europe

  19. ADR ACCESSION STEPS (2) • 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 © United Nations Economic Commission for Europe

  20. ADR ACCESSION STEPS (3) • 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 © United Nations Economic Commission for Europe

  21. Thank you! http://www.unece.org/trans/danger/danger.htm © United Nations Economic Commission for Europe