Of The European Agreement Concerning The International Carriage Of Peril. Things

Original Language Title: o Evropské dohodě o mezinárodní silniční přepravě nebezp. věcí

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Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=37317&nr=64~2F1987~20Sb.&ft=txt

64/1987 Sb.



DECREE



Minister of Foreign Affairs



of 26 March. May 1987



of the European Agreement concerning the international carriage of dangerous goods

(ADR)



159/1997: Sb.



54/1999: Sb.



Change: 93/2000 Coll.



Change: 6/2002 Coll.



Change: 77/2004 Coll.



Change: 33/2005 Coll.



Change: 14/2007 Coll.



Change: 13/2009 Coll.



Change: 17/2011 Coll.



Change: 8/2013 Coll.



On 30 November. September 1957 was negotiated in Geneva, the European Agreement concerning the international

carriage of dangerous goods (ADR).



The instrument of accession of the Czechoslovak Socialist Republic to the European

agreement on the international carriage of dangerous goods by road (ADR) was

deposited with the Secretary-General of the UNITED NATIONS, the depositary of the agreement of 17 November.

July 1986 with the proviso that the Czechoslovak Socialist Republic

within the meaning of article 12, paragraph 1. 1 of the agreement do not feel bound by the provisions of article 11

paragraph. 2 and 3 of the agreement.



When you access the Agreement was made at the same time to the provisions

Article 10 of the agreement, which is in contradiction with the Declaration on the granting of

independence of colonial Territories and peoples, which was adopted at the XV.

meeting of the UNITED NATIONS in 1960, VS and the Czechoslovak Socialist Republic is

Therefore, it considers obsolete.



Agreement entered into force pursuant to article 7 (2). 1 day 29.

January 1968 and its annex on 29 April 2006. July 1968. For The Czechoslovak

Socialist Republic entered into force the agreement and its annex on

pursuant to paragraph 2 of the same article. 2 day 17. August 1986.



English translation of the agreement shall be published at the same time. The text of Annex A-

"The provisions of the dangerous substances and articles", and Annex B-

"The provisions on the means of transport and transport" in French,

English and Russian texts can be consulted on the Federal Ministry of

transport. Any amendments to the annexes to the agreement will be disclosed or notified in

Transport and tariff Journal of the Federal Ministry of transport.



Minister:



Ing. Now in r.



EUROPEAN AGREEMENT



concerning the international carriage of dangerous goods by road (Geneva, 1957)



The Contracting Parties



Desiring to enhance the safety of the international road transport have agreed

as follows:



Article 1



For the purposes of this agreement,



the term) "vehicle" means motor vehicles, trailers and semitrailers

semi-trailers as defined in article 4 of the Convention on road traffic of

on 19 December. September 1949, with the exception of vehicles belonging to the armed forces

the Contracting Parties or under the responsibility of the armed forces;



(b)), the term "dangerous things" substances and articles, the international

road transport of annexes A and B to prohibit or allow only for the

certain conditions;



(c)), the term "international transportation" means any transportation, carried out after

the territory of at least two Contracting Parties vehicles defined in (a)

and).



Article 2



(1) except as provided in article 4, paragraph 2. 3 dangerous goods shall not be

that are referred to in the annex and shall be excluded from carriage, subject to the international

transport.



(2) international transport of other dangerous goods are allowed,

are met.



and) conditions laid down in Annex A for these things, especially for their

packaging and labelling



(b)) which lays down the conditions in Annex B, in particular for the construction, equipment

and operation of the vehicle carrying these things, with the exception of the provisions of article

4 (4). 2.



Article 3



The annexes to this Agreement form an integral part of it.



Article 4



(1) each Contracting Party shall retain the right to regulate or prohibit the import of

dangerous goods on their territory for reasons other than for reasons of

safety during carriage by road.



(2) Vehicles, which has been in operation in the territory of the Contracting Parties at the time of the entry

This agreement enters into force or which have been put into operation in two months

After its entry into force, it will be used for the international carriage of

dangerous goods for a period of three years from the date of its entry into force, and

when their construction and equipment do not fully meet the conditions laid down

for the carriage in annex b. Annex B specific provisions may

However, this time limit to limit.



(3) the Contracting Parties shall retain the right to negotiate in special

bilateral or multilateral agreements that dangerous goods the

international carriage is completely disabled, this agreement may be

certain conditions, the subject of international transport in their territories

or that dangerous goods the international transport of this agreement

allows only under specified conditions, will be able to be on their

territories subject to international transport under less stringent conditions than

are laid down in the annexes to this agreement. These special bilateral or

multilateral agreements referring to this paragraph shall be notified to

the Secretary-General of the United Nations, which shall notify

the other Contracting Parties that have not signed such agreements.



Article 5



Transportation, for which this agreement applies shall remain subject to the General

national or international legislation on road traffic,

international road transport and on international trade.



Article 6



(1) the Member States of the Economic Commission for Europe and States admitted to the Commission

in an advisory capacity in accordance with paragraph 8 of the mandate of this Commission can become

Parties to this agreement



and the signature),



(b) by ratifying it after previous) signature subject to ratification,



(c)) access to it.



(2) the States authorized to participate in the specific work of the European economic

the Commission, in accordance with paragraph 11 of the mandate of this Commission may become Contracting

Parties to this agreement by giving to it after its entry into force.



(3) this agreement is open for signature until 15. December 1957. After this date

open for access.



(4) ratification or access shall be effected by the competent instrument with

the Secretary-General of the United Nations.



Article 7



(1) this Agreement shall enter into force one month after the date on which the number of

the States referred to in article 6 (1). 1, which have signed it without reservation

of ratification or have deposited their instruments of ratification or instrument of

access, reaches five. The annex, however, will be effective for up to six

months after the custom agreement enters into force.



(2) for each State which ratifies the agreement or accedes thereto

After five States referred to in article 6 (1). 1 signs without

reservation of ratification or have deposited their instrument of ratification or instrument of

access, this Agreement shall enter into force one month after the deposit of

instrument of ratification or instrument of accession of that State and its annexes

coming into force for this State is either the same day if they are to this day already

in effect, or, if so, the date of which will be effective according to the

the provisions of paragraph 1 of this article.



Article 8



(1) each Contracting Party may denounce this agreement notification of

the Secretary-General of the United Nations.



(2) denunciation shall take effect twelve months after the date on which the General

the Secretary-General has received notification of it.



Article 9



(1) this Agreement shall cease to be effective if after the entry into force of the

the number of Contracting Parties is in a period of 12 consecutive months

less than five.



(2) If a global agreement regulating the carriage of closed

dangerous goods shall cease on the date of its entry into force each

the provisions of this agreement that will be in contravention of certain provisions of

mentioned global agreement, validity in relations between Contracting

Parties to this agreement which become Contracting Parties to the global

the agreement, and it will automatically be replaced with the relevant provisions referred to

global agreement.



Article 10



(1) any State may, when signing this agreement without reservation of ratification, or

When you save the instrument of ratification or instrument of accession, or at any time

later, to declare in the notification addressed to the Secretary-General

Of the United Nations that this agreement will apply to all

territories or on one of the territories, which represents in the international

relationships. Agreement and its annexes will be effective on the territory or territories

mentioned in the notification one month after it received the Secretary General

This notification.



(2) any State referred to in paragraph 1 of this article shall make a declaration,

This agreement shall apply to any territory that it represents in the international

relations, may withdraw from the agreement in accordance with article 8, with regard to this

territory.



Article 11



(1) any dispute between two or more Contracting Parties concerning the interpretation

or application of this agreement, will be addressed by negotiation between them.



(2) any dispute which is not resolved by negotiation, will be subject to arbitration,

If requested by one of the parties involved in the dispute and

to that end, be submitted to one or more of the selected arbitrům

by agreement of the parties to the dispute. If, within three months from the date of the request for

arbitration in the dispute, the parties reached agreement on selection of the arbitrator

or arbitrators, any of those parties may request the

the Secretary-General of the United Nations concerning the designation of a single

as an arbitrator, which submits the dispute to the decision.



(3) the decision of the arbitrator or arbitrators designated under paragraph 2 of this

the article will be for the contracting parties involved in the dispute.



Article 12



(1) each Contracting Party may, when signing, ratifying or acceding to this agreement


or, when you access it, declare that it does not consider itself bound by article 11.

Other Contracting Parties shall not be bound by article 11 to a Contracting Party,

that has made such a reservation.



(2) any Contracting Party which has made a reservation in accordance with paragraph 1 of this

Article may at any time withdraw such reservation notification

the Secretary-General of the United Nations.



Article 13



(1) after three years of validity of this agreement, any Contracting

Party may request by notifying the Secretary-General of the Organization

the United Nations the convening of a Conference for the revision of the agreement.

The Secretary-General shall notify all Contracting Parties of the request and

shall convene a review conference if he shall communicate at least one fourth of the Contracting Parties

your consent to this request within four months from the date on which the General

the Registrar sent the notification.



(2) If a Conference is convened in accordance with paragraph 1 of this article, it shall notify the

the Secretary-General of all the Contracting Parties and invite them to within three

months such proposals on the consultation on the Conference.

The Secretary-General shall circulate to all Contracting Parties at least three months

before the date of opening of the Conference the provisional agenda of the Conference, along

with the text of these proposals.



(3) the Secretary-General shall invite to any conference convened in accordance with this

Article all the States referred to in article 6 (1). 1, as well as the States which

have become Contracting Parties under article 6. paragraph. 2.



Article 14



(1) independently of the discussion of revision referred to in article 13, any Contracting

party to propose one or more amendments to the annexes to this agreement. For this

to send their text to the Secretary-General of the United

Nations. The Secretary-General may also propose amendments to the annexes to this

The agreement to achieve conformity of these attachments with other international agreements

concerning the transport of dangerous goods.



(2) any proposal made in accordance with paragraph 1 of this article shall be sent by the General

Secretary to all Contracting Parties and inform all other countries referred to in

Article 6 (1). 1.



(3) any amendment to the annexes shall be deemed to have been received

If, within three months from the date on which the Secretary General

sent out, at least one third of the Contracting Parties, or five of them, if the

one-third greater than this number, to notify in writing to the

the Secretary-General of their objection to the proposed amendment. If you change the

be deemed to be accepted shall enter into force for all Contracting Parties, either

After the expiration of the next three-month period, except in the following cases:



and if similar changes have been) or probably will be incorporated into the

other international agreements referred to in paragraph 1 of this article,

amendment enters into force after expiry of the period laid down by the General

the Secretary so that the change is in force, if possible, at the same time

the changes that have been or are likely to be incorporated into these

other agreements; However, this period may not be less than one month;



(b)), a Contracting Party that accepts the proposed amendment, it may suggest time limit

more than three months for the entry into force of the amendments, if adopted.



(4) the Secretary General shall notify as soon as possible all the Contracting

Parties and all States referred to in article 6 (1). 1 about every objection,

received from the contracting parties against the amendment.



(5) does not consider the amendment to the annexes adopted, but

at least one Contracting Party, other than that it was lodged shall notify the

in writing to the Secretary-General its agreement with the proposal, shall be convened by the General

the Secretary of the Assembly of all Contracting Parties and all States referred to in

Article 6 (1). 1 within three months after the expiry of the three-month period laid down in

paragraph 3 of this article for the sending of objections to the change. General

the Secretary may, at this meeting invite also the representative:



and international governmental organisations) with competence in matters relating to transport,



(b) international non-governmental organisations), whose activity is directly related to

carriage of dangerous goods on the territory of the Contracting Parties.



(6) any amendment which has been adopted by an absolute majority of the total

the number of Contracting Parties to the Assembly convened in accordance with paragraph 5 of this

Article, shall enter into force for all Contracting Parties in accordance with the rules

approved at this Assembly majority of Contracting Parties on it

participating.



Article 15



In addition to the notifications provided for in articles 13 and 14 shall inform the Secretary-General of the

The United Nations, the States referred to in article 6 (1). 1, as well as

States which have become Contracting Parties under article 6 (1). 2



and about signatures, ratifications) and the approaches referred to in article 6;



(b)) about the data, when this agreement and its annexes shall enter into force in accordance with

Article 7;



c) statements pursuant to article 8;



(d)) on the expiry of the agreements referred to in article 9;



(e)) of the notifications and denunciations received in accordance with article 10;



f) declarations and notifications received in accordance with article 12, paragraph 1. 1 and

2;



(g)) on the admission of the changes and the date when the amendment enters into force in accordance with article 14

paragraph. 3 and 6.



Article 16



(1) the Protocol of signature of this agreement has the same force, binding nature and

duration as a custom Agreement and is regarded as an integral part thereof.



(2) to this agreement no reservations are not allowed except those that are

written in the Protocol of signature, and those that are made under

Article 12.



Article 17



After 15. December 1957, the original of this Agreement shall be deposited with the

Secretary-General of the United Nations, who shall circulate its certified

identical copies to all the States referred to in article 6 (1). 1.



In witness whereof the undersigned, duly authorised to do so, have signed this

The agreement.



Done at Geneva on the 30th September in the year one thousand devítistého of the fiftieth

the seventh in a single copy in the English and French languages for

the texts of the agreement and of its own in the Dutch for attachments and for which

their own deal to both texts being equally authentic.



The Secretary-General of the United Nations is asked to establish the

authorized translation of the annexes to the English language, and the translation

He joined the authenticated opisům referred to in article 17.



XIII.



PROTOCOL OF SIGNATURE



The European Agreement concerning the international carriage of dangerous goods by road (ADR)



At the signing of the European Agreement concerning the international carriage of

of dangerous goods by road (ADR) the undersigned, duly authorised to do so,



1. considering that the conditions for the transport of dangerous goods by sea

The United Kingdom or in the United Kingdom differ considerably from

the conditions laid down in Annex A to ADR and that it cannot be edited in

next time so as to be consistent with them, taking into account the fact that

United Kingdom undertakes to submit as an amendment to the

Annex A special supplement to the said Annex and, with special

provisions for the transport of dangerous goods by road and by sea between

the continent of Europe and the United Kingdom, stated that up to

until the entry into force of this special supplement, the dangerous

things that will be transported according to ADR in the United Kingdom or

in the United Kingdom, comply with the provisions of Annex A to ADR and in addition

the legislation of the United Kingdom which apply to maritime

transport of dangerous goods;



2. took note of a statement by the representative of France, according to which the Government

The French Republic reserves in derogation from article 4, paragraph 2. 2 enable

the vehicles, which are in operation in the territory of another Contracting Party, irrespective of

on the date of their entry into service, the dangerous goods are transported on

French territory, only if these vehicles correspond to the conditions laid down

for such carriage Annex B or the conditions laid down for transport

the following French legislation for the transport of dangerous

things;



3. to recommend amendments to this agreement or its annexes

as far as possible before the submission referred to in article 14, paragraph 1. 1 or article

in article 13(3). 2 first discussed at meetings of experts of the Contracting Parties and in

If necessary, the other States referred to in article 6 (1). 1 this

The agreement, as well as the international organisations referred to in article 14, paragraph 1. 5

of this agreement.



Annexes A and B



--------



Editor's note. ASPI: the texts of the annexes applicable 1 see communication from the Ministry of

Foreign Affairs No. 8/2013 Coll.