Advanced Search

Decree Of 20 December 2004 Amending The Decree Of 1 June 2001 On The Transport Of Dangerous Goods By Road (Says "adr Order")

Original Language Title: Arrêté du 20 décembre 2004 modifiant l'arrêté du 1er juin 2001 modifié relatif au transport des marchandises dangereuses par route (dit « arrêté ADR »)

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
Learn more about this text...

Information on this text

Application texts

Keywords

EQUIPMENT , TRANSPORT , ROAD TRANSPORT , TRANSPORT OF GOODS , DANGEROUS GOODS , ADR , NATIONAL TRANSPORT , INTERNATIONAL TRANSPORT , REGULATION , ARRETE ADR , TRANSPOSITION OF DIRECTIVE CE


JORF no. 304 of 31 December 2004 page 22732
text No. 110



Order of 20 December 2004 amending the amended decision of 1 June 2001 concerning the carriage of dangerous goods by road (hereinafter referred to as "ADR")

NOR: EQUT0401597A ELI: https://www.legifrance.gouv.fr/eli/arrete/2004/12/20/EQUT0401597A/jo/texte


Minister of Economy, Finance and Industry, Minister of Equipment, Transport, Land Management, 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 2005;
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;
Having regard to Council Directive 96/35 of 3 June 1996 concerning the designation and professional qualification of safety advisers for the carriage by road, rail or inland waterway of dangerous goods;
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 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 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 8 December 2003 on the carriage of dangerous goods by road called "arrest ADR";
In view of the opinion of the Inter-Ministerial Commission for the Transport of Dangerous Goods (CITMD) held on 20 October 2004, Stop:

Article 1 Learn more about this article...


The decision of 1 June 2001 referred to as "arrest ADR" is amended as follows:

Article 3


Decisions and notices of the competent authority.
Amend the table to read:
At the first line, remove the reference to " 6.2.5.7" and add " 6.2.5.9";
Remove the sixth line corresponding to provisions that have become deciduous;
At the tenth line, remove "after December 31, 2003" in brackets;
At the thirteenth line, delete "9.1.2.1" and add "9.1.2 and 9.1.3".

Article 6


Flexible.
Amend the text to read:
In the second line, replace the term "used" by "seated".

Article 7


Loading and unloading places.
In paragraph 3, add the following text as the second paragraph:
"However, if it is not possible to operate otherwise, it is authorized to proceed with loading and unloading:
- alcoholic beverages Class 3, UN 3065;
- Compressed natural gas class 2 UN number 1971, in the event of unavailability of gas pipeline networks, only to maintain the power supply of the network and in accordance with the M-0298 operating mode developed by the Gaz de France company; »
Replace, in the last paragraph, the term "but" with "finally".

Article 11 bis


Paragraph 1 on exemptions:
Read the first dash as follows:
" - transport of dangerous goods excluded from the requirements of the regulations for the carriage of dangerous goods applicable to the earth mode in question, and loading, unloading or packaging related to such transport; »
Add a third dash:
" - packaging operations related to loading operations in quantities below the thresholds of 1.1.3.6; »
Add a seventh dash:
" - occasional shipment operations, in a transport unit, if the number of operations carried out per year is not greater than 2; »

Article 12


Transportation of waste of infectious and assimilated risk care activities and anatomical parts.
In paragraph 2, amend the first part of the f to read:
“(f) For waste of infectious and assimilated risk-care activities in UN 3291. »
Amend the last two dashes of paragraph 2 (f) to read:
" - UN numbers 2814 and 2900, regardless of the mass transported;
- UN No. 3291, when the transported mass exceeds 333 kg. »

Article 14


Notice of shipment to the Department of Industry, the Ministry of Environment and the Ministry of Interior for certain radioactive materials.
At the end of paragraph 1, add the following sentence:
"These provisions also apply to any shipment of fissile material package. »

Article 15


Telecommunications means.
In paragraph 1, replace: "in quantities not exceeding the limits set in 1.1.3.6" by: "with the exception of the following UN numbers: UN 2908, 2909, 2910 and UN 2911. »

Article 16


Auxiliary engines of FL and EX/III vehicles.
Replace the second dash with:
"For FL vehicles, auxiliary electric motors shall meet the requirements of Decree No. 96-1010 of 19 November 1996 on devices and protection systems intended to be used in explosive atmospheres. They must be of category 2 and adapted to the transported material; »
Add a third dash:
" - for EX/III vehicles, electric auxiliary motors shall be placed outside the loading compartment and have an IP54 degree of protection according to NF EN 60529. Electrical connections must have an IP54 degree of protection. »

Article 17


Combustion heating.
Replace the text with the following:
"Without prejudice to the provisions of Part 9, combustion heaters using gaseous fuel from FL, OX or AT vehicles, as defined in 9.1.1.2 shall conform to the NF R. 18-702-1 and 2.
The application of NF R. 18-702 may be replaced by the application of Directive 2004/78/EC. In this case, the heating is issued a communication form as an entity. »

Article 21


Transport of dangerous goods in public passenger vehicles.
At the end of the first paragraph, delete the following text:
"With the exception of Class II radioactive material packages Yellow AND III Yellow. »
After this sentence, add the following phrases:
"For radioactive materials, this provision is applicable exclusively to I-Blanche packages. The carriage of radioactive material in packages of categories II-Jaune and III-Jaune is prohibited under these conditions. »

Article 22


Certificates of approval of vehicles allowed to circulate in France in derogation from certain provisions of Appendix B.
In the first paragraph, delete "27".

Article 24


Declaration of transport to be carried out by transport commissioners.
In the first paragraph, replace the term "shall" with "may".
In the first paragraph, replace the second dash with the following:
" - the following indications: the UN number of the goods, the class and the packing group, with for each class the total gross mass of the packages. »

Rule 25


Placadarge of vehicles.
Replace the second paragraph with the following:
"A vehicle loaded with more than three tonnes (gross mass) of goods of the same class, in each class other than Class 1 or 7 for which specific provisions already exist in 5.3.1.5.1 and 5.3.1.5.2, shall, at the rear and on both sides, bear the following hazard placard(s):"
Add the following paragraph to the end of the article:
"These provisions do not apply to dangerous goods in Category 4 of Table 1.1.3.6.3. »

Article 26 bis


Transportation of fireworks.
This article becomes Article 27.
It is amended to read:
In paragraph 1 concerning the on-board documents, replace: "26 bis" with: "27";
In paragraph 3 concerning driver training, amend the second dash to read:
" - a specific training certificate issued by a body authorized to issue for Class 1 training certificates in accordance with 8.2. This certificate is based on the model in 8.2.2.8.3. The conditions of validity and renewal of the certificate are the same as those of the certificates in accordance with 8.2. »
In paragraph 3, after paragraph (g), replace the existing sentence with the following:
"The minimum duration of initial and retraining training is eight sessions within the meaning of section 40. »

Rule 27


Carriage of ammonium nitrate mother emulsion.
This article is deleted.

Rule 28


Transport of portable and mobile gamma radiography devices.
Replace the text with the following:
"The following provisions apply only to devices with:
- a type B (U) approval;
- and conforming to the standard NF M 60-551 (or equivalent standard);
- and loaded with a certified source of special radioactive material whose activity is less than 10 A1.
Transport is permitted only if locking devices are in lock position, safety key removed. The key must be subject to a separate shipment. Transportation with security key on the device is prohibited.
Transport shall be subject to all provisions of this Order and its annexes. However, they may benefit from:
1. In the event that the transport is carried out by the licensee of a licence to hold and use the radioactive source contained in the device (or by its attendant, holder of the certificate of ability to manipulate industrial radioscopy and radiography):
(a) The key may be retained, separately from the device, by the person performing the transport;
(b) The provisions of section 20, relating to the certification of companies, do not apply. However, transport activities must be carried out under quality assurance in accordance with 1.7.3;
(c) A permanent declaration of shipment of radioactive material may be established for portable gamma radiography devices, subject to the provisions defined in Annex D.3. This declaration, valid for a maximum of one year, shall conform to the model in the same annex.
2. If a particular car (i.e. a qualified vehicle "VP" on the grey card or a vehicle of a materially identical company) is used for transport, this vehicle:
(a) Must include attachment points with robustness in relation to a solid stowage so that the whole is mechanically homogeneous;
(b) is exempt from the additional extinguisher required in 8.1.4.1 (b, iii);
(c) Must be at the front and rear of the vehicle in a plane as vertical as the vehicle permits, an orange panel of 120 mm x 300 mm with only UN 2916 in accordance with 5.3.2.2; The number shall be 65 mm high and the requirements of 5.3.2.1.5 shall also apply;
(d) Is exempted from the closet requirements of 5.3.1 (plates 7D). »

Rule 35


Tank conditions of Class 5.1 UN 3375 substances.
Replace the text of the article with the following:
"INERIS is designated as a competent body to verify the suitability for the carriage of substances classified under UN 3375 under special provision TU39 of 4.3.5. »

Rule 37


The title becomes "Approval, Approval and Technical Visits of Vehicles".
Replace paragraphs 2 and 3 with the following:
“2. The initial technical visits mentioned in 9.1.2.1 are carried out by DRIRE. The periodic technical visits referred to in 9.1.2.3 shall be carried out by DRIRE or by an authorized controller pursuant to section R. 323-6 of the road code.
These visits are carried out under the conditions set out in Annex D.7, which specifies the controls to be performed to verify that the vehicle meets the general safety requirements set out in the road code, the provisions of this Order, and, where appropriate, the amended Decree of 19 December 1995 on the control of emissions of volatile organic compounds.
3. Certificates of approval of vehicles provided for in 9.1.2, 9.1.3 and section 22 are issued by DRIRE. Vehicles that circulate under cover of a W card cannot be issued a certificate of approval. »

Rule 40


Training agencies.
In paragraph 2 (a), delete the second sentence of the last paragraph.

Rule 49-4


Tank provisions.
In f, add at the end of the sentence: "of 4.3.5".

Rule 49-5


Vehicle provisions.
Delete the second sentence of paragraph (a).
Delete subparagraphs (b) and (c).

Rule 49-6


Provisions relating to the transport of explosives.
In the first sentence, replace: "may" with: "may";
In the second sentence, replace:
"will see" by: "see";
"will be" by: "are";
"9.1.2.1.1" by: "9.1.2.3".

Rule 49-7


Flexible provisions.
This point is reserved.

Rule 49-8


Provisions relating to the transport of ammonia, used only in agriculture.
Delete the second paragraph.
Add two new paragraphs as follows:
" Tanks constructed before 1 January 2003 in accordance with Appendix C.8 effective 30 June 2001 may continue to be used.
The tanks and tanks referred to above shall be subjected to periodic inspections and tests according to 6.8.2.4.2 to 6.8.2.4.4. »

Rule 50


Other transitional provisions.
It is created a new article 50 written as follows:
"The periodic technical visits referred to in section 37.2, when carried out by the DRIRE, may continue to be carried out in accordance with the provisions of Annex D.7 effective 31 December 2004. »

Article 2


Annexes A and B to the amended decision of 1 June 2001 are Annexes A and B to the European Agreement concerning the International Carriage of Dangerous Goods by Road (ADR). This agreement - including the amendments in force as of 1 January 2005 - is published in French by the United Nations (sales section, room C. 115), Palais des Nations, 1211 Geneva 10, Switzerland.

Article 3


Annex D concerning provisions relating to certain articles of the ADR Order and comprising annexes D.1 to D.9 is amended as follows:

Annex


A N N E X E D.1
PROVISIONS RELATING TO FLEXIBLES


Paragraph 2.3. replace: "January 1999" with: "May 2004".
In point 2.6 replace: "1MPa" with: "at least 1MPa".
In point 3.1, paragraph 2, replace the second paragraph with the following: "a measure of electrical resistance. For rubber and plastic hoses, this measure is carried out according to NF EN ISO 8031; »


A N N E X E D.3
MODEL DECLARATION PERMANENT DE CHARGEMENT
AND EXPERDITION OF RADIOACTIVE MATERIALS


Replace the existing text with the following:
"For transport that meets the characteristics set out in paragraph 1 of Article 28, transport may be carried out under cover of the permanent declaration below. A statement must be written and delivered to each driver. In addition, for each transport carried out under cover of this permanent declaration, the latter or the aircraft's follow-up documents will have the following information: the serial number of the device, the name or symbol of the radionuclide, the maximum activity of the source contained in the device, the class of the package, the transport index, the coast of each certificate of approval applicable to the shipment and the consignee of the transport. Information relating to the consignee of the transport may not be found in the follow-up documents if it is documented in a document available to the consignor.


PERMANENT DECLARATION OF CHARGEMENT
AND EXPERDITION OF RADIOACTIVE MATERIALS
Portable gamma radiography devices
Article 28 of the ADR Order


I undersigned (1)
acting on behalf and on behalf of (2)
declares to transport the following radioactive material:
UN 2916, Type B(U) radioactive material, 7
to (3)
I declare that Mr. (4), conductor of the carriage, is the licensee:
- the training certificate for the driver(s) of vehicles carrying dangerous goods of Class 7; and
- the authorisation for the possession and use of the source contained in the device or the certificate of ability to handle industrial radioscopy and radiography devices.
In addition, I declare that the following documents are valid:
1. Type B(U) package approval for device(s).
2. Accreditation of radioactive material in special form of radioactive source(s).
3. Document indicating the maximum activity of the loaded radioactive source in each transported device, less than 10 A1.
4. Compliance with the standard NF M 60-551 (portal category) or an equivalent standard of the transported industrial radiograph device(s).
5. Notification of authorization to hold and use artificial radioelements in sealed sources for gammagraphy n° valid until
I certify that the transport complies with the requirements of the amended decision of 1 June 2001 concerning the carriage of dangerous goods by road (see ADR).
Done to , the carrier,
(Signature and cachet)

(1) Name and first name (2) Social reason of the company carrying. (3) Maximum validity: one year. (4) Name and first name.


A N N E X E D.4


PROVISIONS RELATING TO THE CONSTRUCTION AND USE OF THE AMMONIA TRANSPORT MATERIALS UNIQUELY IN AGRICULTURE
Delete paragraph 1.4.


A N N E X E D.7
TECHNICAL VISITES OF VEHICLES


Replace the existing text with the following:


“1. General specifications and content of the technical visit
1.1. Initial visit


The initial technical visit is made prior to the issuance of the certificate of approval. It is limited exclusively to the controls described in Appendix 1.
Vehicle checks are carried out visually from the ground or vehicle compartment, without dismantling, on the vehicle in road configuration. During the initial visit of a vehicle that has been received under this Order, the checks are limited to the verification of the points required for the establishment of the certificate of approval and the parts modified after the plant's exit by the installation of an equipment or tank.
The Minutes of Insulated Receipt of a Complete or Completed Vehicle under this Order shall be the Initial Inspection Minutes for ADR Equipment.


1.2. Periodic visit


Technical visits shall take place at the care of the owner of the vehicle, according to a periodicity in accordance with the provisions of 9.1.2.3.
These technical visits did not exempt the owner from the obligation to maintain his vehicle and, if necessary, his tank, in good working condition and in satisfactory maintenance condition.
In addition, the owner has an obligation to report to the DRIRE any transformation made to his or her vehicle, and, where appropriate, to the tank, which may lead to an insulated reception or an initial visit under this order or to amend the indications on the certificate of approval.
These periodic technical visits are carried out and sanctioned under the conditions defined by the 27 July 2004 decision on technical control of heavy vehicles.
During the technical visits, the controller verifies, by carrying out the controls described in the above-mentioned 27 July 2004 order:
- the concordance of the vehicle and tank with the certificates issued under this Order and the validity of such documents;
- the proper maintenance and operation of the vehicle, its various organs and the specific equipment provided for in this Order and, where applicable, the amended Order of 19 December 1995 on the Control of Emissions of Volatile Organic Compounds.


2. Outcome of the visit, score of results
2.1. Initial visit


A verbatim record of each visit mentioning the result of the initial technical visit where the findings are reported:
- that the vehicle shall be subject to an insulated reception under this Order;
- finding non-compliance. The vehicle shall then be subject to a new initial technical visit of the same content as the previous initial technical visit;
- or compliance.
A copy is given to the person who presents the vehicle.
He's wearing:
- the conclusion of the initial technical visit;
- when the initial visit is satisfactory, the deadline for the next periodic technical visit.
In addition, following any favourable initial technical visit, the agent operating the technical visit shall apply its distinguishing mark and visa, as well as the validity date of this visa, on the original of the certificate of approval, to the location reserved for this purpose.
The validity dates on the grey card and the certificate of approval are identical.
In the event that the certificate of approval cannot be issued on the same day of the visit, the technical inspection report replaces it on the national territory during road inspections of vehicles registered in France.


2.2. Periodic visit


At the end of any periodic technical visit, the controller operating the technical visit appose, in addition to the information provided by the above-mentioned 27 July 2004 order, its distinguishing mark and visa on the original of the certificate of approval, at the location reserved for this purpose.
The validity dates on the grey card and the certificate of approval are identical. »


“Annex D.7
« APPENDIX 1
"Controls and tests to be carried out on ADR equipment during initial technical visits under Article 37 and method of examination


You can see the table in the OJ
n° 304 of 31/12/2004 text number 110



The consolidated version of this amended Order will be published in the Official Bulletin of the Ministry of Equipment, Transport, Land Management, Tourism and the Sea.


A N N E X E D. 9
FORM OF DECLARATION
THE SECURITY COUNCIL


Add in the first part of the framework the following entry:
"High-risk dangerous goods according to list of 1.10.5".
4
The provisions of this Order come into force on 1 January 2005.
However, the provisions of the above-mentioned decision of June 1, 2001 as last amended by the Order of December 8, 2003 are still applicable until June 30, 2005.
5
The Director of Land Transport and the Director General of Nuclear Safety and Radiation Protection are responsible, each with regard to the execution of this Order, to be published in the Official Journal of the French Republic.
Done in Paris, 20 December 2004.


Minister of Equipment, Transportation,
of land use,
tourism and the sea,
For the Minister and by delegation:
The Director of Land Transport,
P. Raulin
Minister of Economy,
finance and industry,
For the Minister and by delegation:
The Director General of Nuclear Safety
and radiation protection,
A. Lacoste
Minister of Ecology
and Sustainable Development
For the Minister and by delegation:
The Director General of Nuclear Safety
and radiation protection,
A. Lacoste


Note. - The consolidated version of this amended Order will be published in the Official Bulletin of the Ministry of Equipment, Transport, Land Management, Tourism and the Sea.


Download the document in RTF (weight < 1MB) Extrait du Journal officiel électronique authentifié (format: pdf, weight : 0.18 MB) Download the document in RDF (format: rdf, weight < 1 MB)