Council Directive 95 /50/EC of 6 October on uniform procedures for the control of the transport of dangerous goods by road, regulated certain aspects of the checks carried out for the purpose of to prevent the risks inherent in the transport of dangerous goods by pursuing the harmonisation of procedures. This Directive, in respect of the procedures for carrying out the checks, was incorporated into the national legislation by a decision of the Directorate-General for Railways and Road Transport of 21 November 1996. Subsequently, Directive 2001 /26/EC of 7 May of the European Parliament and of the Council amended the control document or list provided for in the previous Directive, giving rise to the adoption of a new resolution by the Directorate-General for Transport by road of 3 October 2001, which was amended on 21 November 1996. Finally, Commission Directive 2004 /112/EC of 13 December adapting to technical progress Directive 95 /50/EC has again amended the system of these controls by requiring a review of the abovementioned resolutions. In view of the fact that the infringements listed in the abovementioned Directives are all contained in the national legislation, and the possibility of adopting special measures in relation to vehicles, it is considered necessary to incorporate the Only the rules governing the procedures for these checks, which must be complied with by the bodies responsible for carrying out inspection and control on the road, as well as those affecting the obligation to provide assistance to other Member States. On the other hand, the reasons for clarity suggest that a new resolution should be adopted to replace the previous ones. In its virtue, according to the report of the Commission for the Coordination of the Transport of Dangerous Goods, this Directorate General has resolved:

First. Rules applicable.-The competent authorities for the inspection and control of transport shall, for reasons of safety inherent in the transport of dangerous goods by road, carry out a representative proportion of the transport of dangerous goods. type.

These checks shall be carried out in accordance with Article 3 of Regulation (EEC) No 4060/1989 and Article 1 of Regulation (EEC) No 3912/1992. Second. Carrying out the checks.-The checks referred to in the previous point shall be carried out by personnel with the appropriate knowledge, using the checklist included in Annex I to this resolution. A copy of that list, which reflects the controls carried out by the Administration, must be delivered to the driver of the vehicle so that the driver can present it when requested to simplify or prevent checks, further. Irrespective of the general controls on the transport of dangerous goods referred to in this resolution, specific control actions may be carried out without the requirements set out in the paragraph being required. previous. The checks shall, in principle, be carried out at random, covering a wide portion of the road network. The places chosen for carrying out the checks must provide for the possibility of regularizing the conditions for carrying out the transport, the non-compliance of which is detected and, where such immediate regularisation is not possible, to immobilise the vehicle in accordance with the rules in force, on the spot or in place for that purpose, without any danger to safety. Also, provided that this does not represent a safety hazard, samples may be collected from the products transported for analysis in laboratories recognised by the competent authority in the cases provided for in the legislation in force. The checks shall not exceed a reasonable time. Third. Preventive checks.-Where infringements involving the safety of the transport of dangerous goods are observed on the road, preventive checks may be carried out at the premises of the undertaking carrying out the transport, in order to ensure future compliance with the security conditions laid down in the legislation in force. If the commission has been found to have committed one or more infringements involving the safety of the transport of dangerous goods, the undertaking concerned must be required to take the necessary measures to prevent the recurrence of such infringements. those, which are guaranteed to comply with the current legislation. Fourth. Communication of infringements-serious or repeated infringements which compromise the safety of the transport of dangerous goods and which are committed with a registered vehicle or a company resident in another State of the European Community, must be notified to the competent authorities of that State. In such cases, they may be requested to take appropriate measures. Where, on the other hand, such communication is received from another State of the European Community in relation to a registered vehicle or a company resident in Spain which has committed a serious or repeated infringement on its territory, they shall be knowledge of the State concerned the results of the measures taken, where appropriate. Fifth. Communication of data and actions. -In the event that, when a vehicle registered in another State of the European Community is checked, the data collected suggests that serious or repeated infringements have been committed which cannot be be detected in that control, it shall be communicated to the other State in order to clarify the situation. Where such communication is received from another State of the European Community in relation to a vehicle registered in Spain, the results of the actions which, where appropriate, are carried out, shall be communicated to the competent authorities of that State. Sixth. Report to the European Commission.-Each calendar year and no later than one year after the end of the year, a report shall be sent to the European Commission, in accordance with the model set out in Annex III.

Seventh. Derogations.-The resolutions of 21 November 1996 on the inspection and control of risks inherent in the transport of dangerous goods by road, and the one of 3 October 2001, amending the list of control of the transport of dangerous goods by road.

Madrid, November 21, 2005. -Director General, Juan Miguel Sánchez García.

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ANNEX II

Violations

For the purposes of this resolution, the following non-exhaustive list of offences, classified in three risk categories, is set out as the most serious category I.

The determination of the risk category will depend on the circumstances of each case and should be left to the controller on the road. Deficiencies not listed in the risk categories shall be classified according to the descriptions of the categories. Where there are several infringements per transport unit, only the most serious risk category (referred to in point 39 of Annex I to this resolution) shall be taken into account for the purposes of information (Annex III to this resolution).

1. Risk Category I

When deficiencies in compliance with the applicable ADR provisions create a high level of risk of death, serious personal injury or major environmental damage, it shall be carried out in accordance with current legislation, to take immediate and appropriate corrective action, such as the immobilisation of the vehicle.

The deficiencies mentioned are:

1) Transport of dangerous goods without the corresponding authorisation.

2) Fuga of hazardous materials. 3) Transport by means of a prohibited mode or an inadequate means of transport. 4) Transport in bulk in a container which is not structurally suitable. 5. Transport in a vehicle without the appropriate certificate of approval. (6) The vehicle no longer complies with the approval rules and creates an immediate danger (if not the risk category II applies). 7) Use of unauthorised packaging or packaging. 8) Packaging is no longer in line with the applicable packaging instructions. (9) Failure to comply with the special provisions on packaging in common. 10) Failure to comply with the rules on the holding and stowage of the load. 11. Failure to comply with the rules on the common loading of packages. (12) Failure to comply with the rules on the permissible filling level of tanks or containers. (13) Failure to comply with the provisions limiting the quantities transported in a transport unit. 14. Transport of dangerous goods without indication of their presence (e.g. documents, markings and labels on packaging, place-labels and markings on the vehicle, etc.). 15) Transport without place-labels or markings on the vehicle. 16. Information on the transported material is lacking in order to determine whether there is an infringement which falls within the risk category I (for example, UN number, official transport designation, packing group, etc.). 17) The driver does not have a valid vocational training certificate. 18. Use of fire or an unprotected light. 19) Failure to comply with the smoking ban.

2. Risk category II

Where deficiencies in compliance with the applicable ADR provisions create a risk of personal injury or damage to the environment, corrective action shall be taken, in accordance with applicable law, appropriate, such as the rectification of the deficiencies at the place of control if possible and appropriate and, at the latest, the completion of the transport in question.

The deficiencies mentioned are:

1) The transport unit comprises more than one trailer/semi-trailer.

2) The vehicle no longer complies with the approval rules but does not create an immediate danger. 3) The vehicle does not carry the appropriate fire extinguishers in the operating state. A fire extinguisher may be considered to be still in operation if only the prescribed expiry date or seal is missing; however, this provision does not apply if the fire extinguisher does not already appear in a state of state operation (for example, if the pressure indicator is 0). 4) The vehicle does not carry the equipment required by the ADR or the written instructions. (5) Failure to comply with the provisions on test and inspection dates, and time limits for the use of packaging, packaging, large bulk containers (GRG) and large packaging. 6. Transport of packages with packaging, large bulk containers (GRG) and large damaged packaging or empty and damaged empty packaging. 7. Transport of goods packed in a container which is not structurally suitable. 8. Cisterns/containers (including empty or dirty) that are not properly closed. 9) Transport of a package combined with outer packaging that is not properly closed. 10) Tags, marks or incorrect labels 11) The written instructions prescribed by the ADR or the written instructions do not correspond to the goods transported. 12) The vehicle is not properly parked or monitored.

3. Risk category III

When deficiencies in compliance with the applicable provisions create a low risk of personal injury or damage to the environment and when it is not necessary to take corrective measures on the road, it may be taken later. in the company.

The deficiencies mentioned are:

1) The size of the place-labels or labels or the size of the letters, figures or symbols in the labels or labels does not conform to the regulations.

2) No information is given in the transport documents except the one indicated in point 16 of risk category I. 3. The certificate of training is not carried on board the vehicle but there is evidence that the driver has it

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