Key Benefits:
Minister of Economy, Finance and Industry, Minister of Transport, Equipment, Tourism and the Sea and Minister of Ecology and Sustainable Development,
Considering the European Agreement concerning the International Carriage of Dangerous Goods by Road in its version applicable to 1 January 2007;
Having regard to Council Directive 94/55/EC of 21 November 1994 amended on the approximation of the legislation of member States concerning the transport of dangerous goods by road;
In view of Commission Directive 2006/89/EC of 3 November 2006 on adaptation to the technical progress of Directive 94/55/EC referred to above;
Considering Act No. 263 of 5 February 1942 on the transport of dangerous substances;
Having regard to Act No. 75-1335 of 31 December 1975, as amended, on the recognition and punishment of public and private transport offences;
Considering Act No. 2006-686 of 13 June 2006 on transparency and security in nuclear matters;
Considering the road code;
In view of Decree No. 60-794 of 22 June 1960 on the publication of the European Agreement concerning the International Carriage of Dangerous Goods by Road and the subsequent amendments to Annexes A and B of that Agreement;
In view of Decree No. 77-1331 of 30 November 1977, last amended by the Decree of 11 October 2006 on certain offences under the regulations on the transport of dangerous substances;
In view of Decree No. 90-897 of 1 October 1990 regulating fireworks;
Considering the amended Decree No. 2001-386 of 3 May 2001 on transportable pressure equipment;
Considering the decree of 7 June 1977 on road signs and highways;
Considering the amended decision of 19 November 1995 on the control of emissions of volatile organic compounds;
Having regard to the decision of 1 June 2001 last amended by the Order of 12 April 2006 concerning the carriage of dangerous goods by road called "arrest ADR";
Considering the advice of the Inter-Ministerial Commission on the Transport of Dangerous Goods (CITMD) held on 15 November 2006;
Considering the opinion of the Nuclear Safety Authority of 13 December 2006,
Stop:
The decision of 1 June 2001 referred to as "arrest ADR" is amended as follows:
Annex D. 2
The following organizations are added to the list of quality assurance certifying organizations (section 20):
"URS France.
AB Certification.
Article 1. - Purpose of this Order.
Amend the first paragraph 7 to read:
" - the use of two or three-wheeled vehicles is prohibited for the carriage of wastes of infectious and assimilated risk-care activities or anatomical parts as well as for the transport of dangerous goods of Class 7 except in the case of carriage on behalf of substances of UN 2911".
Article 2. - Definitions.
Replace the first dash:
"January 1, 2005" by: "January 1, 2007".
Article 3. - Decisions and notices of the competent authority.
Replace with the second row of the table: "6.5.1.6.1" with: "6.5.4.1".
Replace with the third row of the table: 6.5.1.6.4 and 6.5.4.14.1 by: 6.5.4.4.
Article 9. - Procedures for parking of vehicles, outside loading and unloading facilities and in-house parking to transport companies.
Amend the second paragraph (a) to read:
"When the driver leaves his vehicle in parking, he must have a well visible sign of the exterior inside the cabin, on which he is registered:
- either the name of the company, the telephone number and, if any, the address where may be attached in case of need, at any time, a person responsible for the company carrying out the transport. When one of these information is indicated on the vehicle, the driver is not required to defer it to the placard;
- either the name of the driver, the telephone number and, if any, the address of the place where it can be attached immediately. »
Article 10. - Local provisions - Road signs.
Delete at the end of paragraph 2 the following sentence:
"as well as vehicles loaded with more than 3 tonnes (gross mass) of packages with a flame label."
Article 14. - Notice of shipment to the Ministry of Industry, the Ministry of Environment and the Ministry of Interior for certain radioactive materials.
Replace, in the title and in the entire article, the word: "Notice" with: "Notice".
Article 17. - Burning heating.
Delete this article that becomes "reserved".
Article 21. - Transport of dangerous goods in public passenger vehicles.
Replace in the first paragraph: "For radioactive materials, this provision is applicable exclusively to packages in category I-BLANCHE. The carriage of radioactive material in packages of categories II-JAUNE and III-JAUNE is prohibited under these conditions. "However, the carriage of radioactive material is prohibited."
Article 22. - Certificates of approval of vehicles allowed to circulate in France in derogation from certain provisions of Appendix B.
Delete the second paragraph.
Article 25. - Placarding vehicles.
Delete this article 25 which becomes "reserved".
Article 28 bis. - Report of vehicles carrying radioactive materials.
Create a new article to read:
"In the case of packaged radioactive material carried under exclusive use, where the size and construction of the vehicle are such that the dimensions of the orange panels may, pursuant to 5.3.2.2.1, be reduced to 300 mm for the base, 120 mm for the height and 10 mm for the black line, only the UN number is required and the size of the digits provided for in 5.3.2.2.2 may be reduced to 65 mm high and 10 mm thick. »
Article 29. - Agricultural transport of vehicles allowed to circulate in France in derogation from certain provisions of Annex B.
Insert a second paragraph (b) to read:
" - phytosanitary products of UN 3082 in their spray tank. »
Article 30. - Transport of fixed LPG storage tanks.
Replace item 3:
"7.5.2" by: " 7.5.7".
Article 35. - Tank conditions of UN 3375 Class 5.1 substances.
Replace existing text by:
"INERIS is designated as a competent body to approve the classification of emulsions, suspensions and gels not sensitized under the ammonium nitrate, emulsion, suspension, or gel (UN 3375) under the conditions in special provision 309 of Chapter 3.3 and to issue authorizations specifying packagings, IBCs and 99 tanks that may be used in the context of packing instructions »
Article 36. - Colis for radioactive material.
Delete this article 36 which becomes "reserved".
Article 39. - Organism accreditation procedures.
Replace the words:
"Norm EN 45004" by: "ISO 17020".
Article 40. - Training bodies.
In paragraph 2, amend the first paragraph (a) to read:
“Basic training: training referred to in 8.2.1.2. » ;
In paragraph 2, delete the second subparagraph (a);
In paragraph 2, amend the third paragraph (a) to read:
"The drivers of the vehicles mentioned in 8.2.1.3 and 8.2.1.4 shall also follow the specialized training which, among the following, is adapted to their particular case. »
Article 42. - Payment of operations entrusted to accredited bodies.
Replace the term " Petitioner" with: "Applicant".
In section 43, paragraph 1, replace: "6.5.1.6.3" with: "6.5.4.3".
Article 44:
In paragraph 1, replace: "6.5.1.6.1" and "6.5.1.6.3" respectively with: "6.5.4.1" and "6.5.4.3".
In paragraph 7 (sixth paragraph), replace: "6.5.1.6.6" with: "6.5.4.5.5".
Article 45. - Withdrawal of certificates, approvals or approvals of vehicles or containers.
Amend the first paragraph of this article to read:
"When it appears that vehicles or containers (packs, containers, large packaging IBCs, tanks) have serious security disadvantages, the certificates, approvals or approvals of such vehicles or containers may be withdrawn or suspended by the services or bodies that have issued them or after notice of them either by the Minister responsible for transport or by the Nuclear Safety Authority, according to the specified powers of the present Article 3 »
Article 48. - Derogations for one-time transport.
Replace the second paragraph with the following:
"The applicant must make a clear and synthetic request to the Minister for Transport or the Nuclear Safety Authority:"
Introduce, before the last paragraph, the following two paragraphs:
"Without a reasoned emergency, the application must be sent four months before the desired date of the exemption comes into force.
"In the event of a reasoned emergency, the Minister for Transport or the Nuclear Safety Authority, as defined in section 3, may grant an exemption without consulting the CITMD. He informed the CITMD at its first meeting following the issuance of the exemption. The validity of this exemption shall be limited, taking into account, inter alia, the date on which this meeting is scheduled to be held. If the applicant wishes to extend this exemption beyond that date, the renewal of the exemption is subject to CITMD's advice. »
Article 49. - Transitional provisions for vehicles.
In paragraph 5, add: "a" before the existing paragraph.
Insert a paragraph b below:
“(b) The vehicles identified below released before 1 July 1993, which, as of 1 January 2010, do not meet the requirements of the comments d and g of 9.2.3.1 contained in the table of 9.2.1 on braking equipment, may continue to circulate for not more than 25 years after the date of their first release. These vehicles are:
- motor vehicles carrying tanks intended for the carriage of substances of UN 1202 or 1965;
- towed vehicles carrying tanks for the transport of substances of UN No. 1965 or tanks dedicated to the transport of substances of UN No. 1136, 1267, 1999, 3256 or 3257. »
In section 54, paragraph 1, replace: "Article 2" with: "Article 1 bis".
Competent authority.
In each article, which includes: "at the department responsible for the industry and the ministry responsible for the environment", "the department responsible for the industry and the ministry responsible for the environment" and/or the "DGSNR", delete: "DGSNR" and replace with the words "the Nuclear Safety Authority".
Application date.
The provisions of this Order shall enter into force on 1 January 2007.
However, the rules in force as at December 31, 2006 may continue to be applied until June 30, 2007.
The Director General of the Sea and Transport is responsible for the execution of this Order, which will be published in the Official Journal of the French Republic.
Done in Paris, December 22, 2006.
Minister of Transport, Equipment,
tourism and the sea,
For the Minister and by delegation:
The Director General of the Sea
and Transport,
P. Raulin
Minister of Economy,
finance and industry,
Thierry Breton
Minister of Ecology
and Sustainable Development
Nelly Olin
