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RS 0.741.621 European Agreement of 30 September 1957 on the International Carriage of Dangerous Goods by Road (ADR) (with prot. Signature and annexes)

Original Language Title: RS 0.741.621 Accord européen du 30 septembre 1957 relatif au transport international des marchandises dangereuses par route (ADR) (avec prot. de signature et annexes)

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0.741.621

Original text

European Agreement on the International Carriage of Dangerous Goods by Road

(ADR)

Meeting in Geneva on 30 September 1957

Approved by the Federal Assembly on December 4, 1969 1

Instrument of ratification deposited on 20 June 1972

Entered into force for Switzerland on 20 July 1972

Schedules A and B amended January 29, 1968, October 26, 1970 and December 30, 1971

(State 1 Er January 2015)

The Contracting Parties,

Wishing to increase the safety of international road transport,

Agreed to the following:

Art. 1

For the purposes of this Agreement:

(a)
By "vehicles", automobiles, articulated vehicles, trailers and semi-trailers, as defined by s. 4 of the Convention on Road Traffic dated 19 September 1949, with the exception of vehicles belonging to or under the responsibility of the Armed Forces of a Contracting Party;
(b)
"Dangerous goods" means the materials and articles of which Annexes A and B 1 Prohibit international carriage by road or permit it only under certain conditions;
(c)
By "international carriage" means any transport carried out on the territory of at least two Contracting Parties by vehicles defined above.

1 Annexes A and B are not published either RO or the RS. Extracts can be obtained from the OFCL, Sales of Federal Publications, 3003 Berne.

Art. 2

1. Subject to the provisions of subs. 3 of Art. 4, the dangerous goods listed in Annex A shall not be subject to international transport.

2. International transport of other dangerous goods shall be permitted if:

(a)
The conditions set out in Annex A for the goods in issue, in particular for their packaging and labelling; and
(b)
The conditions imposed by Annex B, in particular for the construction, equipment and movement of the vehicle carrying the goods in question, subject to the requirements of subs. 2 of the art. 4.
Art. 3

The Annexes to this Agreement shall form an integral part of the Agreement.

Art. 4

(1) Each Contracting Party shall retain the right to regulate or prohibit for reasons other than safety during the course of the road the entry into its territory of dangerous goods.

(2) Vehicles which were in service in the territory of a Contracting Party upon entry into force of this Agreement or which have been placed in service within two months after that entry into force may, for a period of three years thereafter, Date of this entry into force, carry out an international transport of dangerous goods even if their construction and equipment do not fully meet the conditions imposed by Annex B for the transport in question. Special clauses in Annex B may, however, reduce this time limit.

(3) Contracting Parties shall retain the right to agree, by special bilateral or multilateral agreements, that some of the dangerous goods for which this Agreement prohibits all international transport may, under certain Conditions, to be the subject of international transport in their territories or to dangerous goods in respect of which this Agreement permits international transport only under specified conditions may be subject, in their territories, to International transport under less stringent conditions than those imposed by The Annexes to this Agreement. Specific bilateral or multilateral agreements referred to in this paragraph shall be communicated to the Secretary-General of the United Nations, who shall communicate them to the Contracting Parties not signatories to those agreements.

Art. 5

The transport to which this Agreement applies shall remain subject to national or international requirements concerning, in general terms, road traffic, international road transport or international trade in Goods.

Art. 6

1. The member countries of the Economic Commission for Europe and the countries admitted to the Commission in an advisory capacity in accordance with subs. 8 of the terms of reference of that Commission may become Contracting Parties to this Agreement:

(a)
By signing it;
(b)
By ratifying it after signing it subject to ratification;
(c)
By adhering to it.

2. Countries that may participate in certain work of the Economic Commission for Europe under s. 11 of the terms of reference of that Commission may become Contracting Parties to this Agreement by acceding to it after its entry into force.

3. The Agreement shall be open for signature until 15 December 1957. After that date, it will be open for accession.

4. Ratification or accession shall be effected by the deposit of an instrument with the Secretary-General of the United Nations.

Art. 7

1. This Agreement shall enter into force one month after the date on which the number of countries referred to in paragraph 1. 1 of the art. 6 which have signed it without reservation of ratification or have deposited their instruments of ratification or accession shall have been increased to five. However, its annexes apply only six months after the entry into force of the Agreement itself.

2. For each country ratifying or acceding to this Agreement after five of the countries mentioned in par. 1 of the art. 6 will have signed it without reservation of ratification or have deposited their instruments of ratification or accession, this Agreement shall enter into force one month after the deposit of the instrument of ratification or accession of that country, and its annexes shall be Applied to that country, either on the same date, if they are already in force at that time, or, failing that, on the date on which they are applied under the provisions of s. 1 of this article.

Art. 8

Each Contracting Party may denounce this Agreement by notification addressed to the Secretary-General of the United Nations.

(2) Denunciation shall take effect twelve months after the date on which the Secretary-General has received such notification.

Art.

(1) This Agreement shall cease to have effect if, after its entry into force, the number of Contracting Parties is less than five for twelve consecutive months.

2. In the event that a global agreement regulating the transport of dangerous goods would be concluded, any provision of this Agreement which would be in conflict with any of the provisions of this global agreement In the relationship between the Parties to this Agreement which have become Parties to the global agreement, and from the date of entry into force of this Agreement, automatically abolished and replaced ipso facto by the relevant provision of the global agreement.

Art. 10

Any country may, when signing this Agreement without reservation as to ratification or upon the deposit of its instrument of ratification or accession or at any later time, declare by notification addressed to the Secretary-General of The United Nations, that this Agreement shall be applicable to all or part of the territories it represents on the international level. The Agreement and its annexes shall be applicable to the territory or territories mentioned in the notification one month after the receipt of such notification by the Secretary-General.

2. Any country that has done so, in accordance with par. 1 of this Article a declaration which has the effect of making this Agreement applicable to a territory which it represents on the international level may, in accordance with Art. 8, denounce the Agreement in respect of that territory.

Art. 11

1. Any dispute between two or more Contracting Parties concerning the interpretation or application of this Agreement shall, as far as possible, be settled by negotiation between the Parties in dispute.

(2) Any dispute which has not been settled by negotiation shall be referred to arbitration if any of the Contracting Parties in dispute so requests and shall, accordingly, be referred to one or more arbitrators chosen by mutual agreement Parties in dispute. If, within three months of the date of the request for arbitration, the disputing Parties are unable to agree on the choice of an arbitrator or arbitrators, any such Party may request the Secretary-General of the United Nations To appoint a sole arbitrator to which the dispute shall be referred for decision.

(3) The award of the arbitrator or arbitrators designated in accordance with s. 2 of this Article shall be binding on the Contracting Parties in dispute.

Art. 12

(1) Each Contracting Party may, at the time of signing, ratifying or acceding to this Agreement, declare that it does not consider itself bound by s. 11. The other Contracting Parties shall not be bound by s. 11 to any Contracting Party which has made such a reservation.

(2) Any Contracting Party which has made a reservation in accordance with par. 1 of this article may at any time raise this reservation by a notification addressed to the Secretary-General of the United Nations.

Art. 13

(1) After the present Agreement has been in force for three years, any Contracting Party may, by notification addressed to the Secretary-General of the United Nations, request the convening of a conference to review the Text of the Agreement. The Secretary-General shall notify all Contracting Parties of this request and shall convene a Review Conference if, within four months from the date of the notification addressed by him, at least one quarter of the Contracting Parties Signify their consent to this request.

2. If a conference is convened in accordance with par. 1 of this article, the Secretary-General shall notify all Contracting Parties and invite them to submit, within three months, the proposals which they would like to see examined by the Conference. The Secretary-General shall communicate to all Contracting Parties the provisional agenda of the Conference, as well as the text of those proposals, at least three months before the opening date of the Conference.

The Secretary-General shall invite to any conference convened in accordance with this article all the countries referred to in s. 1 of the art. 6, as well as the countries which have become Contracting Parties pursuant to s. 2 of the art. 6.

Art. 14

1. Regardless of the procedure for revision provided for in Art. 13, any Contracting Party may propose one or more amendments to the Annexes to this Agreement. To that end, it shall transmit the text to the Secretary-General of the United Nations. In order to be consistent with other international agreements on the transport of dangerous goods, the Secretary-General may also propose amendments to the Annexes to this Agreement.

2. The Secretary-General shall communicate to all Contracting Parties and shall bring to the knowledge of the other countries referred to in par. 1 of the art. 6 any proposal made in accordance with paragraph 6. 1 of this article.

3. 1 Any draft amendment to the annexes shall be deemed to be accepted unless, within the period of three months from the date on which the Secretary-General transmitted it, at least one third of the Contracting Parties, or five of them, if the third party is Shall not notify the Secretary-General in writing of their opposition to the proposed amendment. If the amendment is deemed to be accepted, it shall enter into force for all Contracting Parties at the expiration of a new period of three months, except in the following cases:

(a)
In the event that similar amendments have been made or are likely to be made to other international agreements referred to in s. 1 of this Article, the amendment shall enter into force upon the expiration of a time limit which shall be fixed by the Secretary-General so as to allow, as far as possible, the simultaneous entry into force of that amendment and of those who have been or will be Likely to be made to these other agreements; the time limit, however, may not be less than one month;
(b)
The Contracting Party submitting the draft amendment may specify in its proposal a period of more than three months for the entry into force of the amendment in the event that it is accepted.

The Secretary-General shall communicate as soon as possible to all Contracting Parties and to all countries referred to in s. 1 of the art. 6 Any objection received from the Contracting Parties against a proposed amendment.

(5) If the draft amendment to the annexes is not deemed to be accepted, but if at least one Contracting Party other than the one that proposed it has notified the Secretary-General in writing of its agreement on the draft, a meeting of all Contracting Parties And all countries referred to in s. 1 of the art. 6 shall be convened by the Secretary-General within three months of the expiration of the three-month period provided for by s. 3 of this article to oppose the amendment. The Secretary-General may also invite representatives to this meeting:

(a)
International governmental organisations with competence in transport;
(b)
International non-governmental organisations whose activities are directly linked to the transport of dangerous goods in the territories of the Contracting Parties.

6. Any amendment adopted by more than half the total number of Contracting Parties to a meeting convened in accordance with subs. 5 of this Article shall enter into force for all Contracting Parties in accordance with the modalities decided at the meeting by the majority of the Contracting Parties taking part in the meeting.


1 New content according to prot. Effective since April 19, 1985 (RO 1985 816).

Art. 15

In addition to the notifications under s. 13 and 14, the Secretary-General of the United Nations shall notify the countries referred to in para. 1 of the art. 6, as well as to the countries which have become Contracting Parties pursuant to s. 2 of the art. 6:

(a)
Signatures, ratifications and accessions in accordance with Art. 6;
(b)
The dates on which this Agreement and its Annexes shall enter into force in accordance with Art. 7;
(c)
Denunciations in accordance with art. 8;
(d)
Repeal of the Agreement in accordance with s. 9;
(e)
Notifications and denunciations received in accordance with Art. 10;
(f)
Declarations and notifications received in accordance with paras. 1 and 2 of Art. 12;
(g)
The acceptance and the date of entry into force of the amendments in accordance with s. 3 and 6 of Art. 14.
Art. 16

(1) The Protocol for the Signing of this Agreement shall have the same force, value and duration as the Agreement itself shall be considered to be an integral part.

(2) No reservation to this Agreement shall be permitted outside those laid down in the Protocol of Signature and those formulated in accordance with Art. 12.

Art. 17

After 15 December 1957, the original of this Agreement shall be deposited with the Secretary-General of the United Nations who shall transmit certified copies thereof to each of the countries referred to in paragraph 1 of Art. 6.

In witness whereof , the undersigned, duly authorized, have signed this Agreement.

Done at Geneva, on 30 September mil nine hundred and fifty-seven, in a single copy, in the English and French languages for the text of the Agreement itself and in the French language for the annexes, the two texts being equally authentic for the Agreement Itself.

The Secretary-General of the United Nations shall be invited to establish a translation of the authoritative English annexes and to attach that translation to the certified copies referred to in Art. 17.

(Suivent signatures)

Signing Protocol

At the time of signing the European Agreement on the International Carriage of Dangerous Goods by Road (ADR), the undersigned, duly authorised:

1.
Recital That the conditions of carriage of dangerous goods by sea to or from the United Kingdom differ substantially from those prescribed by Annex A of ADR and that it is impossible to amend them in the near future Future to bring them into conformity with them; Taking into account The United Kingdom has undertaken to submit, as an amendment to Annex A, a special appendix to Annex A which will contain the special provisions applicable to road-sea transport of dangerous goods between the Continent And the UK; Decide That, until the entry into force of this special appendix, dangerous goods to be transported under ADR to or from the United Kingdom shall comply with the provisions of Annex A of ADR and, in addition, The requirements of the United Kingdom with regard to the carriage by sea of dangerous goods;
2.
Take note A statement by the representative of France that the Government of the French Republic reserves, by way of derogation from s. 2 of the art. 4, the right not to authorise vehicles in service in the territory of another Contracting Party, irrespective of the date on which they are placed in service, to transport dangerous goods on French territory only if those vehicles Meet either the conditions imposed for these carriage by Annex B or the conditions imposed for the carriage of the goods in issue by the French regulations for the carriage by road of dangerous goods;
3.
Recommend As far as possible, before being presented in accordance with s. 1 of the art. 14 or para. 2 of the art. 13, the proposed amendments to this Agreement or its Annexes shall be the subject of a preliminary discussion in the meeting of experts of the Contracting Parties and, if necessary, of the other countries referred to in subs. 1 of the art. 6 of the Agreement, as well as international organizations referred to in s. 5 of the art. 14 of the Agreement.

(Suivent signatures)


Appendices A and B 1


1 Appendices A and B and their mod. Are not published to the OR or the NCR. Extracts can be obtained from the OFCL, Sales of Federal Publications, 3003 Berne (see RO 1972 1093 1382, 1973 1339, 1974 843 1395, 1975 1607, 1978 1610, 1980 222, 1982 300, 1983 441, 1985 494, 1987 1625, 1989 2486, 1993 191, 1994 2856, 1997 422, 1999 751, 2002 455 4363, 2004 5201, 2007 69, 2008 5123, 2011 3553, 2012 6657, 2014 4707).


State 1 Er January 2015

Scope of application on 10 August 2012 2

States Parties

Ratification

Accession (A)

Statement of Succession (S)

Entry into force

Albania

26 January

2005 A

26 February

2005

Germany *

1 Er December

1969

1 Er January

1970

Andorra

March 9

2009 A

April 9

2009

Austria

September 20

1973

20 October

1973

Azerbaijan

28 September

2000 A

28 October

2000

Belarus

5 April

1993 A

5 May

1993

Belgium

August 25

1960

29 January

1968

Bosnia and Herzegovina

1 Er September

1993 S

6 March

1992

Bulgaria

12 May

1995 A

12 June

1995

Cyprus

19 April

2004 A

19 May

2004

Croatia

23 November

1992 S

8 October

1991

Denmark

1 Er July

1981 A

1 Er August

1981

Spain

22 November

1972 A

22 December

1972

Estonia

25 June

1996 A

July 25

1996

Finland

28 February

1979 A

28 March

1979

France *

2 February

1960

29 January

1968

Greece

27 May

1988 A

27 June

1988

Hungary *

19 July

1979 A

19 August

1979

Ireland

12 October

2006 A

12 November

2006

Iceland

24 February

2011 A

24 March

2011

Italy

3 June

1963

29 January

1968

Kazakhstan

26 July

2001 A

26 August

2001

Latvia

April 11

1996 A

11 May

1996

Liechtenstein

12 December

1994 A

12 January

1995

Lithuania

7 December

1995 A

7 January

1996

Luxembourg

July 21

1970

August 21

1970

Macedonia

18 April

1997 S

September 17

1991

Malta

8 May

2007 A

8 June

2007

Morocco

11 May

2001 A

11 June

2001

Moldova

July 14

1998 A

August 14

1998

Montenegro

23 October

2006 S

3 June

2006

Norway

5 February

1976 A

March 5

1976

Netherlands * A

1 Er November

1963

29 January

1968

Poland

6 May

1975 A

6 June

1975

Portugal

29 December

1967 A

29 January

1968

Czech Republic *

2 June

1993 S

1 Er January

1993

Romania

8 June

1994 A

July 8

1994

United Kingdom

29 June

1968

July 29

1968

Russia

28 April

1994 A

28 May

1994

Serbia

12 March

2001 S

April 27

1992

Slovakia *

28 May

1993 S

1 Er January

1993

Slovenia

July 6

1992 S

25 June

1991

Sweden

1 Er March

1974 A

1 Er April

1974

Switzerland

20 June

1972

July 20

1972

Tajikistan

28 December

2011 A

28 January

2012

Tunisia

3 September

2008 A

3 October

2008

Turkey

22 February

2010 A

22 March

2010

Ukraine

1 Er May

2000 A

1 Er June

2000

*

Reservations and declarations.

Reservations and declarations are not published in the RO. The texts in English and French can be found at the United Nations Internet site: http://treaties.un.org or obtained from the Directorate of Public International Law (DDIP), International Treaty Section, 3003 Berne.

A

For the Kingdom in Europe


RO 1972 1085; FF 1969 II 1


1 RO 1972 1081
2 RO 1975 1607, 1978 1610, 1980 222, 1982 300, 1987 1144, 2005 1237, 2008 4939 and 2012 4571. A version of the updated scope of application is published on the DFAE website (www.dfae.admin.ch/traites).


State 1 Er January 2015