On 25 April 1991, the Kingdom of Spain and the French Republic signed an Agreement for the construction of a road tunnel in the port of Somport.

On 11 February 2003, the 'Official State Gazette' published the exchange of letters establishing the Agreement between the Governments of the Kingdom of Spain and the French Republic, supplementing the Agreement of 25 April 1991 between both countries and the Exchange of Letters signed on 31 July and 20 August 2001 laying down the conditions for movement in the road tunnel of Somport, made in Malaga on 26 November 2002.

For its part, the Intergovernmental Commission, meeting on 8 September 2005, agreed to approve the amendment of the Circulation Regulation to enable the passage of dangerous goods vehicles.

At last, the Commission, meeting on 16 December 2009, agreed to approve a further amendment of the said Regulation in order to adapt its content to the provisions of the existing European Agreement on International Transport of Dangerous Goods by Road (ADR), published in the "Official Gazette of the State" number 182 of 29 July 2009.

On the other hand, as provided for in Articles 5 (i), (k), (m) and (n) and 16 of the text of the Law on Traffic, Motor Vehicle Circulation and Road Safety, approved by Royal Decree Regulation 339/1990 of 2 March 1990 (Official Journal of the State of 14 March 1990) and Articles 37 and 39 of the General Rules of Circulation, adopted by Royal Decree 1428/2003 of 21 November (Official Journal of the European Communities) State ' number 306 of 23 December 2003) and Article 14 of the General Regulation on Vehicles, adopted by Royal Decree 2822/1998 of 23 December 1998 (Official Journal of the State No 22 of 26 January 1999), for reasons of road safety, mobility and fluidity of movement, as well as the inherent danger of the burden of certain vehicles, it is possible to establish special traffic regulation measures.

Under its virtue, and in accordance with the competent bodies of the Ministries of the Interior and Public Works, this General Directorate of Traffic has:

First. -Order the publication of the modification of the Particulate Traffic Regulation of the Somport Tunnel that is listed as Annex I to this resolution.

Second. -Give publicity to the Intergovernmental Commission Agreement on the modification of the Somport Tunnel Circulation Regulation, as set out in Annex II.

Final disposition. Entry into force.

This Resolution shall enter into force on the eight working days from the date following that of its publication in the "Official State Gazette".

Madrid, September 2, 2010. -Director General of Traffic, Pere Navarro Olivella.

ANNEX I

Article 6, "Dangerous Goods", of the Somport Tunnel Circulation Regulation, will be worded as follows:

" Article 6. Dangerous Goods.

"Vehicle for the transport of dangerous goods" means any vehicle as defined by the European Agreement on the International Carriage of Dangerous Goods by Road (ADR). These vehicles shall comply with the following particular requirements:

A) Statement:

All Dangerous Goods transport vehicles will be stopped systematically before entering the tunnel.

The driver shall deliver the transport document, or the analogue transport document, and the safety instructions to the tunnel safety officer, who shall take note of the nature and class of the product, of the UN number and of its place-label if it exists, of the conditioning and quantity of the product, as well as of the data of the consignor and consignee, informing the control center. During this administrative check a tunnel safety agent will carefully examine the vehicle (visually, hearing and olfatively, ...) in order to detect any possible anomalies (heating, leakage, bad stowage, etc.). loads, etc.).

In case of detection of an anomaly, the agent in charge of tunnel safety may delay or prevent the passing of the vehicle involved.

In the absence of any anomaly, the tunnel safety officer shall classify the vehicle under consideration in one of the two transit groups set out below.

In case of difficulty of identification or of doubt on the mode of transit, the transport unit shall be classified in the transit group "red".

In the event of non-compliance between the declaration and the vehicle's signage, the vehicle shall be prohibited from transit.

B) Transit groups:

Vehicles carrying Dangerous Goods are classified into two transit groups:

red transit group ": all vehicles carrying Dangerous Goods in whose transport document a tunnel restriction code B or C is included;

Green transit group: all vehicles carrying Dangerous Goods other than those defined in the previous "red" group.

C) Circulation:

All vehicles, regardless of their passing mode, must respect a minimum distance of 100 m in respect of the preceding vehicle.

Hazardous goods vehicles of the "green" transit group will circulate through the tunnel after declaration, control and authorization to circulate. During the transit of the tunnel, the tunnel shall remain open to traffic in both directions except for buses with passengers (see Article 7). These vehicles shall be circular by signalling with the V-2 signal or, failing that, with the emergency lights on ("warning"). .

Hazardous goods vehicles belonging to the transit group "red" shall be operated by the tunnel after their declaration and control, in a convoy accompanied by vehicles of the operator, in accordance with the following: conditions:

1. Each convoy will be comprised of two patrol vehicles with the V-2 signal and rescue equipment, including mainly breathing apparatus, hoses and couplers for fire hoses, as well as intervention material. first aid.

2. A convoy shall comprise exclusively dangerous goods vehicles of the group 'red'.

3. If the number of vehicles of the transit group "red" presented in the mouth of the tunnel is greater than five, the operator shall have to organise two or more convoys of five vehicles each.

4. During transit the tunnel shall be closed to traffic.

5. Each dangerous goods convoy of the 'red' group shall not enter the tunnel until it has been verified that there is no vehicle inside. The movement of two convoys in the same direction is not authorised.

6. The movement of a second convoy in the opposite direction is prohibited.

7. Traffic will not be restored until the complete departure of the convoy.

8. The competent authorities of both countries may propose, by common agreement, time constraints or define specific timetables to facilitate the organisation of convoys.

In case of urgency or for reasons of good operation of the tunnel, the Management of the operation may proceed to modulate the schedules previously defined for the passage of the vehicles of transport of Dangerous Goods of the group of 'red' transit, under the conditions laid down in the agreement between Administrative Authorities as defined in paragraph 8 above. It shall inform the security forces and bodies of both States in advance. "

ANNEX II

Somport Tunnel Intergovernmental Commission

Agreement on the modification of the Somport Tunnel Circulation Regulation, to adapt its content to the provisions of the current European Agreement on the International Carriage of Dangerous Goods by Road (ADR)

The Intergovernmental Commission, meeting at its tenth regular meeting of 16 December 2009, at the headquarters of the Ministry of Public Works, under the chairmanship of Maria del Rosario Cornejo Arribas, President of the delegation The Spanish delegation to the Commission, and headed by the French delegation by its President, Mr Eric Sesboue, examined the text of the amendment of the Somport Tunnel Circulation Regulation necessary for its adaptation to the provisions of the current European Agreement on the International Carriage of Dangerous Goods by Road (ADR) in respect of transit through the tunnel of the transport of dangerous goods.

Following the appropriate deliberations, the following agreements were reached:

Approve the amendment of the Circulation Regulation drawn up and call for the immediate initiation of the administrative procedure which, both in Spain and in France, is necessary for its entry into force in January 2010.