The Minister for infrastructure and transport having regard to law no 1839 August 12, 1962, as subsequently amended and supplemented, with which it was ratified the European Agreement concerning the international carriage of dangerous goods by road, referred to ADR; Having regard to the Legislative Decree of April 30, 1992, # 285, as amended, under which it was enacted the highway code; Having regard to the Decree of the President of the Republic December 16, 1992, n. 495, as amended, under which it was issued the implementing regulation and of the implementation of the highway code; Visto l'art. 168 of the highway code which, in paragraphs 2 and 6, determines the competence of the Minister of transport and navigation, now the Minister of infrastructure and transport, to Decree on safety in road transport of dangerous goods inspired by Community law; Visto l'art. 229 of the highway code that delegates the Ministers of the Republic to enact, in accordance with the jurisdiction conferred, Community directives relating to matters covered by the same code; Having regard to the Decree of the Minister of transport of August 8, 1980 which were enacted the rules of design, construction and approval of tanks and accessories of tank vehicles, to be assigned to the transport by road of dangerous substances which present a risk of fire; Having regard to the Decree of the Minister of transport of August 9, 1980 which were enacted the rules of design, construction and approval of tanks and accessories of tank vehicles, to be used for the carriage of toxic and corrosive substances; Having regard to the Decree of the Minister of transport of August 11, 1980 which were enacted rules on tankers to be assigned to the transport by road of dangerous substances; Having regard to the Decree of the Ministry of transport and navigation of September 4, 1996 and its annexes A and B, of Directive 94/55/EC on the approximation of the laws of Member States with regard to the transport of dangerous goods by road; Having regard to the Decree of the Ministry of transport and navigation of May 15, 1997 implementing Directive 96/86/EC adapting to technical progress Council Directive 94/55/EC on the transport of dangerous goods by road; Having regard to the Decree of the Ministry of transport and navigation of September 28, 1999 implementing Directive 1999/47/EC adapting for the second time to technical progress Council Directive 94/55/EC on the transport of dangerous goods by road; Having regard to the Decree of the Ministry of transport and navigation of May 3, 2001 under which it was implemented Directive 2000/61/EC of the European Parliament and of the Council amending Directive 94/55/EC on the approximation of the laws of Member States with regard to the transport of dangerous goods by road, and it was repealed the Decree of the Ministry of transport and navigation of September 4, 1996 with the exception of annexes A and B; Having regard to the order of the Minister of infrastructure and transport on December 21, 2001 transposing Directive 2001/7/EC adapting for the third time to technical progress Council Directive No. 94/55/EC on the transport of dangerous goods by road; Having regard to the order of the Minister of infrastructure and transport on June 20, 2003 transposing Directive 2003/28/EC of April 7, 2003 adapting for the fourth time to technical progress Council Directive 94/55/EC on the approximation of the laws of Member States with regard to the transport of dangerous goods by road; Having regard to the Decree of the Ministry of transport and navigation of May 2, 2001, # 277, laying down rules concerning the procedures for the approval of motor vehicles, trailers, agricultural machinery, construction machinery and their systems, components and technical entity. Having regard to the Legislative Decree of February 2, 2002, # 23, implementing Directive 1999/36/EC, 2001/2/EC and decision 2001/107/EC on transportable pressure equipment, and in particular art. 17, paragraph 1, which establishes the competence of the Ministry of infrastructure and transport to adopt its own measures, changes and adjustments, deriving from the transposition of Community directives, relating to the subject matter of the Decree; Having regard to the order of the Minister of infrastructure and transport on August 12, 2002 transposing Directive 2002/50/EC of June 6, 2002 adapting to technical progress Council Directive 1999/36/GE of the Council on transportable pressure equipment; Considering that, in connection with the technical progress, the regulatory framework for the transport of dangerous goods it was adequate in relation to the regular updating of annexes A and B to the ADR, by the following modifications and additions to the directive no. 94/55/EC, and that this has led to the progressive failure of the relevant provisions of national legislation previously in force and in particular those suffered by ministerial decrees August 8, 1980, August 9, 1980 and August 11, 1980; Considered that the Directive 2004/111/EC of December 9, 2004 adapting for the fifth time to technical progress Council Directive No. 94/55/EC, provided all the required references to the application of the relevant rules of European unification, save those that concern the administrative procedures of approval of tanks; Considered in relation to the regulatory framework governing the transport of dangerous goods, it is apparent the need to simplify administrative procedures for the approval of tanks and to adapt to European models the documentation required for the movement of vehicles; Does the opportunity to establish the administrative procedures for approval of tanks, in harmony with those already established for type-approvals of vehicles, technical entities and devices; Noting that for tanks intended for the carriage of dangerous goods of class 2 and the administrative procedures for approving the same have been harmonised by Directive n. 96/36/EC and subsequent additions and modifications; Heard the working group set up for the examination of issues related to the transport of dangerous goods; Recognized the need to implement procedures for approval of tanks in relation to what European unification standards indicated in the technical annexes to Directive 94/55/EC; Evaluated the need to redefine uniquely necessary documentation for national circulation of vehicles which fall within the scope of application of art. 5 of the aforementioned ministerial decree May 3, 2001 # 277;
Decrees: Art. 1. scope of application 1. This decree governs the approval procedures of the tanks and the documentation required for the purposes of the movement of dangerous goods road transport vehicles belonging to the hazard classes set out in the annexes to Directive 94/55/EC and subsequent amendments and integrations.