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Decree Of 22 December 2006 Amending The Decree Of 5 December 2002 Concerning The Carriage Of Dangerous Goods By Inland Waterway (Said "stopped Rdna")

Original Language Title: Arrêté du 22 décembre 2006 modifiant l'arrêté du 5 décembre 2002 relatif au transport des marchandises dangereuses par voie de navigation intérieure (dit « arrêté ADNR »)

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JORF no. 301 of 29 December 2006 page 19879
text No. 71



Order of 22 December 2006 amending the Order of 5 December 2002 concerning the carriage of dangerous goods by inland navigation (known as "ADNR Order")

NOR: EQUT0602232A ELI: https://www.legifrance.gouv.fr/eli/arrete/2006/12/22/EQUT0602232A/jo/texte


Minister of Economy, Finance and Industry, Minister of Transport, Equipment, Tourism and the Sea and Minister of Ecology and Sustainable Development,
Having regard to Directive No. 98/34/EC of the Parliament and Council of 22 June 1998, as amended by the Directive of the European Parliament and Council No. 98/48/EC of 20 July 1998, providing for an information procedure in the field of technical norms and regulations;
Considering Act No. 263 of 5 February 1942 on the transport of dangerous substances;
Considering Act No. 2006-686 of 13 June 2006 on transparency and security in nuclear matters;
Considering Decree No. 2003-240 of 7 March 2003 on the Regulations for the Transport of Dangerous Goods on the Rhine (ADNR);
Considering Decree No. 2006-76 of 25 January 2006 on the Regulations for the Transport of Dangerous Goods on the Rhine (ADNR);
Considering resolution 2006-I-25 of 31 May 2006 and document MD (06) 18 of 2 August 2006 adopted in Strasbourg by the Central Commission for the Navigation of the Rhine (CCNR);
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 amended dated 5 December 2002 concerning the carriage of dangerous goods by inland navigation (called "ADNR Order");
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:

Article 1


The decision of 5 December 2002 referred to as "ADNR Order" is amended as follows:
Article 2. Definitions.
The first two drawers are thus written:
"ADNR: the Regulation for the Transport of Dangerous Goods on the Rhine, adopted by Resolutions 2001-II-27 of 29 November 2001 and 2002-I-37 of 30 May 2002, published by Decree No. 2003-240 of 7 March 2003, Resolutions 2004-I-21 and 2004-I-22 of 28 May 2004 and Resolution 2004-II-23 of 25 November 2004, published by Decree No. 2006-76 of 25 January 2006 of the Central Commission for the Navigation of the Rhine. The latest amendments to these Regulations were adopted by resolution 2006-I-25 of 31 May 2006 and by document MD (06) 18 of 2 August 2006 of the Central Commission for the Navigation of the Rhine (CCNR) in Strasbourg, which will enter into force on 1 January 2007;
"ADR: the European Agreement concerning the International Carriage of Dangerous Goods by Road, dated 30 September 1957, issued by Decree No. 60-794 of 22 June 1960. Annexes A and B to this Order are Annexes A and B to this Agreement, including amendments effective 1 January 2007. »
Article 3. Decisions and notices of the competent authority.
This article is amended to read:
In item 3.1, replace: "the Minister for Industry and the Minister for the Environment" by: "the nuclear safety authority".
In item 3.2, replace: "the Minister for Industry and the Minister for Ecology and Sustainable Development" by: "the nuclear safety authority".
In paragraph 4, delete the following dash:
- certificates of approval of Type B (U)-85 package models that do not carry low-dispersible radioactive material or fissile material, referred to in 1.6.6.2 of the ADR (until 31 December 2003); »
The 7th dash is as follows:
"The certificates of approval of packages containing 0.1 kg or more of uranium hexafluoride, referred to in 6.4.22.16.b of the ADR;."
Article 11 bis. Security advisor.
Amend the last sentence of paragraph 4 to read:
"When the accident occurred in the national territory and meets the criteria set out in 1.8.5.3, the corresponding reports shall be forwarded by the heads of business to the prefect of the department, regional management of equipment, the place where the accident occurred, to the Ministry of Equipment, Transport, Housing, Tourism and the Sea, general direction of the sea and transport, mission of the transport of the dangerous goods, as well as to the transport of the nuclear material, »
At the end of paragraph 4, add the following sentence:
"Reports must be prepared in the form specified in Appendix I to this Order. »
Article 12. Notice of shipment to the Department of Industry, the Ministry of Environment and the Ministry of Interior for certain radioactive materials.
Replace: "Notice" by: "Notice" and: "to the department responsible for the industry, to the ministry responsible for the environment" by: "Nuclear Safety Authority. "
Article 17. Derogations for national transport.
Insert a second subparagraph to read:
"In the event of a reasoned emergency, the Minister of 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 period is limited, taking into account, inter alia, the date on which the meeting is scheduled to be held. If the applicant wishes to extend this exemption beyond that date, the renewal of the exemption is then subject to CITMD's advice. »
Article 19. Transitional provisions.
Delete the first paragraph of item 1 entitled "Board Provisions" and the following two drawers.
Article 20. Amend the article to read:
“The provisions of this Order come into force on 1 January 2007. However, the rules in force as at 31 December 2006 may continue to be applied until 30 June 2007, in accordance with 1.6.1.1. »

Article 2


At ADNR, an annex I is added.

Article 3


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.

Annex


A N N E X E I
REPORT ON THE DEVELOPMENTS ON THE TRANSPORT OF DANGEROUS GOODS
SECTION 1.8.5 OF DNA/ADNR
ADNR dated 5 December 2002 amended



You can see the table in the OJ
n° 301 of 29/12/2006 text number 71




(The competent authority: Ministry of Transport, Equipment, Tourism and the Sea, General Directorate of the Sea and Transport, Mission of the Transport of Dangerous Goods, will remove this cover page before transmitting the report.)



You can see the table in the OJ
n° 301 of 29/12/2006 text number 71




You can see the table in the OJ
n° 301 of 29/12/2006 text number 71



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




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