Key Benefits:
Minister of Economy, Finance and Industry, Minister of Transport, Equipment, Tourism and the Sea and Minister of Ecology and Sustainable Development,
Having regard to Appendix I of Appendix B to the Convention on International Carriage by Rail (the so-called "COTIF" agreement) on the Regulations concerning the International Carriage of Dangerous Goods by Rail (the so-called "RID"), in its version applicable from 1 January 2005;
Having regard to Council Directive 96/49/EC of 23 July 1996 amended on the approximation of the legislation of member States concerning the transport of dangerous goods by rail;
In light of Commission Directive 2006/90/EC of 3 November 2006 on adaptation to the technical progress of the above-mentioned Directive 96/49/EC;
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;
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;
Considering Decree No. 2000-286 of 30 March 2000 on the security of the national railway network;
Considering Decree No. 2001-386 of 3 May 2001 on transportable pressure equipment;
In view of Decree No. 2003-194 of 7 March 2003 on the use of the national grid system;
Considering the amended decision of 19 November 1995 on the control of emissions of volatile organic compounds;
Having regard to the amended decision of 1 June 2001 on the carriage of dangerous goods by road (known as "ADR");
Having regard to the decision of 5 June 2001, last amended by the Order of 12 April 2006, concerning the carriage of dangerous goods by rail (hereinafter referred to as "RID Order");
Considering the advice of the Inter-Ministerial Commission on the Transport of Dangerous Goods (CITMD) in its session of 15 November 2006;
Considering the opinion of the Nuclear Safety Authority of 13 December 2006,
Stop:
The decision of 5 June 2001 referred to as "RID Order" is amended as follows:
Article 2. - Definitions.
Replace the contents of the first and third dash with the following:
" - COTIF: Convention on International Rail Transport of 9 May 1980 in the content of the amendment protocol of 3 June 1999;
- RID: Regulation concerning the international transport of dangerous goods annexed to COTIF".
Article 3. - Decisions and notices of the competent authority.
Amend the following references to the second and third rows of the table:
Replace with the second line: "6.5.1.6.1" with: "6.5.4.1".
Replace the third line: "6.5.1.6.4 and 6.5.4.14.1" with: "6.5.4.4".
Article 9. - Measures to prevent fire or explosion during the handling of dangerous goods.
In paragraph 3, replace: "61 °C" with: "60 °C".
Article 11. - Declaration of the loading of dangerous substances.
Delete this article that becomes "reserved".
Article 17. - 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 19. - 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 20. - Declaration of loading of dangerous substances and marking of packages.
Replace in the first paragraph: "car letter" with "transport document".
Article 33. - Payment of operations entrusted to accredited bodies.
Replace the term " Petitioner" with: "Applicant".
Article 36. - 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 organizations that have delivered them or after notice of them either by the Minister responsible for transport or by the nuclear safety authority, as specified in the terms of the powers specified in this article."
Article 39. - Derogation for one-time transport.
Replace the second paragraph with the following:
"The applicant must send a request to the competent minister in a clear and synthetic way:".
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. »
Competent authority.
In each article in which "the department responsible for the industry and the ministry responsible for the environment" are listed, "the department responsible for the industry and the ministry responsible for the environment" and/or "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
