Key Benefits:
Original text
(State 1 Er January 2015)
The Contracting Parties,
Willing to agree on uniform principles and rules for the purposes of:
Whereas the best means of achieving this aim is to conclude an agreement to replace the 'European requirements for the international carriage of dangerous goods by inland waterways' annexed to the Resolution N O 223 of the Inland Transport Committee of the Economic Commission for Europe, as amended,
Agreed to the following:
(1) This Agreement shall apply to the international carriage of dangerous goods by ships on inland waterways.
(2) This Agreement shall not apply to the carriage of dangerous goods by sea vessels on the waterways of the inland waterways.
(3) This Agreement shall not apply to the carriage of dangerous goods by warships or auxiliary warships or other vessels belonging to a State or operated by that State as long as the latter uses them Exclusively for governmental and non-commercial purposes. However, each Party shall ensure, by taking appropriate measures which do not compromise the operations or operational capacity of such vessels owned or operated by it, that such vessels operate in a compatible manner With this Agreement, provided that this is reasonable in practice.
(1) The Regulations 1 Annexed to this Agreement shall form an integral part of this Agreement. Any reference to this Agreement shall at the same time involve a reference to the annexed Regulations.
(2) The annexed Regulations include:
1 R modified by the D of the UN Secretary-General of 2 Oct. 2012 ( RO 2012 7483 ) And 2 Oct. 2014 in application of art. 20 of the DNA, in force since 1 Er Jan 2015 (RO) 2014 4709). This R is not published in the OR. It can be viewed free of charge at the Federal Transportation Agency, Mühlestrasse 6, 3063 Ittigen, or downloaded from www.bav.admin.ch/grundlagen.
For the purposes of this Agreement:
(1) Subject to the provisions of s. 7 and 8, dangerous goods whose annexed Regulations exclude transport shall not be subject to international transport.
(2) Without prejudice to the provisions of s. 6, international transportation of other dangerous goods is permitted if the conditions of the annexed Regulations are met.
(3) Compliance with the prohibitions of carriage and the conditions set out in s. 1 and 2 above shall be controlled by the Contracting Parties in accordance with the provisions of the annexed Regulations.
This Agreement shall not apply to the carriage of dangerous goods to the extent that such carriage is exempted in accordance with the annexed Regulations. Exemptions may only be provided where due to the quantity of the exempted goods or the nature of the exempted or packaging transport security of transport is guaranteed.
Each Contracting Party shall retain the right to regulate or prohibit entry into its territory of dangerous goods for reasons other than safety during transport.
(1) Contracting Parties shall retain the right to agree, for a limited period of time fixed in the annexed Regulations, by special bilateral or multilateral agreements, and provided that security is not compromised,
Specific bilateral or multilateral agreements referred to in this paragraph shall be communicated immediately to the Executive Secretary of the Economic Commission for Europe, who shall communicate them to the Contracting Parties not signatories to those agreements. Agreements.
(2) Each Contracting Party shall retain the right to issue special authorizations for international carriage in tanker vessels of dangerous goods for which the carriage of tank vessels is not permitted according to the requirements Relating to the carriage of the annexed Regulations, subject to compliance with the procedures relating to special authorisations of the annexed Regulations.
(3) Contracting Parties shall retain the right to authorize, in the following cases, the international carriage of dangerous goods on board a vessel which does not comply with the conditions laid down in the annexed Regulations, provided that the procedure Attached to the annexed Regulations be complied with:
(1) Certificates of approval and other documents issued pursuant to the requirements of the Regulations for the Transport of Dangerous Goods on the Rhine (ADNR), the Regulations for the Transport of Dangerous Goods on the Danube (ADN-D) or Regulations National rules on the carriage of dangerous goods by inland waterways, as annexed to Resolution N O 223 of the Inland Transport Committee of the Economic Commission for Europe, or as amended, applicable on the date of application of the annexed Regulations under par. 1 of the art. 11, remain valid until their expiry, under the same conditions, in particular as regards their recognition by other States, than those which prevailed up to that date of application. In addition, these certificates will remain valid for a period of one year from the date of application of the annexed Regulations if they expire during that period. However, the term of validity may in no case exceed five years beyond the date of application of the annexed Regulations.
(2) Vessels which, on the date of application of the annexed Regulations under subsection (1). 1 of the art. 11, shall be approved for the transport of dangerous goods in the territory of a Contracting Party and which comply with the requirements of the annexed Regulations, taking into account, where appropriate, its general transitional provisions, Certificate of approval ADN according to the procedure laid down in the annexed Regulations.
(3) For vessels referred to in s. 2 intended exclusively for carriage on inland waterways where the ADNR was not applicable under national law before the date of application of the annexed Regulations under par. 1 of the art. 11, the additional transitional provisions applicable on specific inland waterways may be applied in addition to the general transitional provisions. These vessels shall obtain a certificate of ADN approval limited to the above-mentioned inland waterways or to any part thereof.
(4) If new provisions are added in the annexed Regulations, Contracting Parties may provide for new general transitional provisions. These transitional provisions indicate the vessels in question and the period for which they are valid.
The carriage covered by this Agreement shall remain subject to local, regional or international requirements applicable, in general, to the carriage of goods by inland waterways.
(1) The Member States of the Economic Commission for Europe on whose territory inland waterways are located, other than those forming a coastal route, which form part of the network of inland waterways of international importance such as Defined in the European Agreement on Main Inland Waterways of International Importance (AGN) 1 May become Contracting Parties to this Agreement:
(2) The Agreement shall be open for signature until 31 May 2001 in the Office of the Executive Secretary of the Economic Commission for Europe in Geneva. After that date, it will be open for accession.
(3) Instruments of ratification, acceptance, approval or accession shall be deposited with the Secretary-General of the United Nations.
(1) This Agreement shall enter into force one month after the date on which the number of States referred to in s. 1 of the art. 10 who have signed it definitively or have deposited their instruments of ratification, acceptance, approval or accession will have been increased to seven.
However, the annexed Regulations, except those relating to the approval of classification societies, will apply only twelve months after the entry into force of the Agreement.
(2) For each State which shall definitively sign this Agreement or ratify, accept, approve or accede to this Agreement after seven of the States mentioned in par. 1 of the art. 10 have definitively signed or have deposited their instrument of ratification, acceptance, approval or accession, this Agreement shall enter into force one month after the final signature by that State or the deposit of the instrument of Ratification, acceptance, approval or accession of the said State.
The annexed Regulations will apply on that date. In the event that the period provided for in s. 1 for the application of the annexed Regulations has not yet elapsed, the date of its application shall be the date fixed in par. 1.
(1) Each Contracting Party may denounce this Agreement by written 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 receives written notification.
(1) If after the entry into force of this Agreement the number of Contracting Parties shall be reduced to less than five for a period of twelve consecutive months, this Agreement shall cease to have effect from the end of that period of Twelve months.
(2) In the event that a global agreement regulating the multimodal transport of dangerous goods is concluded, any provision of this Agreement, with the exception of those governed exclusively by inland navigation, of The construction and equipment of ships, bulk transport or tank vessels, which would be in conflict with any of the provisions of this global agreement would be, in the relationship between the Parties to this Agreement which have become Parties to the global agreement, and from the date of its entry into force, Automatically abolished and replaced Ipso facto By the relevant provision of the global agreement.
(1) Any State may, when it definitively signs this Agreement or upon the deposit of its instrument of ratification, acceptance, approval or accession, or at any subsequent time, declare by written 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 at the international level. The Agreement 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 State which has done so, in accordance with s. 1 of this Article, a declaration having the effect of making this Agreement applicable to a territory which it represents on the international level may, in accordance with Art. 12, denounce the Agreement in respect of that territory.
(4) Any State which has made a declaration in accordance with s. 3 A Or 3 B This Article may subsequently declare by written notification addressed to the Secretary-General of the United Nations that this Agreement shall be applicable to all or part of the inland waterways referred to in the Statement made by s. 3 A Or 3 B The Agreement shall apply to inland waterways referred to in the notification one month after the receipt of such notification by the Secretary-General.
(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 that is not settled by direct negotiation may be brought by the Contracting Parties in dispute before the Administrative Committee which reviews it and makes recommendations for its settlement.
(3) Any dispute that has not been resolved in accordance with s. 1 or 2 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 between the disputing Parties. 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.
(4) The award of the arbitrator or arbitrators designated in accordance with s. 3 of this Article shall be binding on the Contracting Parties in dispute.
(1) Any State may, when it definitively signs this Agreement or upon the deposit of its instrument of ratification, acceptance, approval or accession, declare that it does not consider itself bound by s. 15. The other Contracting Parties shall not be bound by s. 15 to any Contracting Party which has made such a reservation.
(2) Any Contracting State which has made a reservation in accordance with subs. 1 of this article may at any time raise this reservation by a written notification addressed to the Secretary-General of the United Nations.
(3) Reservations other than those provided for in this Agreement shall not be allowed.
(1) An Administrative Committee shall be established to consider the implementation of this Agreement, consider any proposed amendment thereto and consider measures to ensure the uniform interpretation and application of the Agreement.
(2) The Contracting Parties shall be members of the Administrative Committee. The Committee may decide that the States referred to in paragraph 1. 1 of the art. 10 of this Agreement which are not Contracting Parties, any other Member State of the Economic Commission for Europe or of the United Nations or representatives of international intergovernmental organizations or not Government may, for matters of interest to them, attend its sessions as observers.
(3) The Secretary-General of the United Nations and the Secretary-General of the Central Commission for the Navigation of the Rhine provide the Administrative Committee with secretariat services.
(4) The Administrative Committee shall, at the first session of the year, elect its Chairperson and Vice-Chairperson.
(5) The Executive Secretary of the Economic Commission for Europe shall convene the Administrative Committee every year or at any other frequency decided by the Committee, as well as at the request of at least five Contracting Parties.
(6) A quorum of at least one-half of the Contracting Parties is required to make the decisions.
(7) Proposals shall be put to the vote. Each Contracting Party represented at the session shall have one vote. The following rules apply:
(8) The Administrative Committee may establish such working groups as it deems necessary to assist in the performance of its functions.
(9) In the absence of any relevant provisions of this Agreement, the rules of procedure of the Economic Commission for Europe shall apply unless the Administrative Committee decides otherwise.
A Security Committee is hereby established to consider all proposals relating to the amendment of the annexed Regulations, in particular those relating to the safety of navigation, construction, equipment and crews of vessels. The Committee will operate within the framework of the activities of the bodies of the Economic Commission for Europe, the Central Commission for the Navigation of the Rhine and the Danube Commission, which are responsible for the transport of goods Dangerous by inland waterways.
(1) This Agreement, excluding the annexed Regulations, may be amended on the proposal of a Contracting Party following the procedure provided for in this Article.
(2) Any amendment proposed to this Agreement, excluding the annexed Regulations, shall be considered by the Administrative Committee. Any such amendment considered or prepared at the meeting of the Administrative Committee and adopted by the Administrative Committee by a two-thirds majority of its members present and voting shall be communicated by the Secretary-General of The United Nations to the Contracting Parties for acceptance.
(3) Any amendment communicated for acceptance in accordance with the provisions of s. 2 shall enter into force for all Contracting Parties six months after the expiration of twenty four months after the date on which the communication was made, if during that period no objections to the amendment in question have been Notified in writing to the Secretary-General of the United Nations by a Contracting Party.
(1) The annexed Regulations may be amended on the proposal of a Contracting Party.
The Secretary-General of the United Nations may also propose amendments to ensure that the Regulations are consistent with other international agreements relating to the transport of dangerous goods or Recommendations of the United Nations on the transport of dangerous goods and of the amendments proposed by a subsidiary body of the Economic Commission for Europe in the field of transport of dangerous goods Dangerous goods.
(2) Any proposal for an amendment to the annexed Regulations will, in principle, be submitted to the Safety Committee, which shall submit to the Administrative Committee the provisional amendments which it has adopted.
(3) At the express request of a Contracting Party, or if the secretariat of the Administrative Committee deems it appropriate, the proposed amendments may also be submitted directly to the Administrative Committee. Such proposals will be considered at a first session and, if deemed acceptable, they will be reviewed at the next session of the Committee at the same time as any other proposals thereon, unless the Committee decides Otherwise.
(4) Decisions concerning provisional amendments and proposed amendments submitted to the Administrative Committee in accordance with subs. 2 and 3 shall be taken by a majority of the members present and voting. However, an amendment shall not be deemed adopted if, immediately after the vote, five members present declare their objection to that amendment. The adopted amendments shall be communicated for acceptance to the Contracting Parties by the Secretary-General of the United Nations.
(5) Any draft amendment to the annexed Regulations communicated for acceptance in accordance with subs. 4 shall be deemed to have been 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 greater than that number, have notified In writing to the Secretary-General in 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:
The Secretary-General of the United Nations shall inform all Contracting Parties and all States referred to in s. 1 of the art. 10 of this Agreement of any application, communication or objection made under s. 19 and 20 above, acceptance and date of entry into force of the amendments.
(1) Regardless of the procedure referred to in s. 19 and 20, a Contracting Party may, by written notification to the Secretary-General of the United Nations, request the convening of a conference to review this Agreement.
A revision conference, to which all Contracting Parties and all States referred to in paragraph 1 will be invited. 1 of the art. 10, shall be convened by the Executive Secretary of the Economic Commission for Europe if, within six months from the date on which the Secretary-General of the United Nations has communicated the notification, a quarter of the Less Contracting Parties signify their consent to the application.
(2) Regardless of the procedure referred to in s. 19 and 20, a revision conference to which all Contracting Parties and all States referred to in s. 1 of the art. 10 will also be convened by the Executive Secretary of the Economic Commission for Europe upon written notification of a request to this effect by the Administrative Committee. The Administrative Committee shall decide whether to make such a request to the majority of its members present and voting in the Committee.
(3) If a conference is convened under the provisions of s. 1 or 2 of this article, the Executive Secretary of the Economic Commission for Europe will invite the Contracting Parties to submit, within three months, the proposals they would like to see examined by the Conference.
(4) The Executive Secretary of the Economic Commission for Europe shall make it available to all Contracting Parties and to all States referred to in s. 1 of the art. 10 the provisional agenda for the conference and the texts of those proposals at least six months before the opening date of the conference.
The Secretary-General of the United Nations shall be the depositary of this Agreement.
In witness whereof The undersigned, duly authorized, have signed this Agreement.
Done at Geneva, the twenty-six May two thousand, in a single copy, in the German, English, French and Russian languages for the text of the Agreement itself and in the French language for the annexed Regulations, the four texts being equally authentic for The Agreement itself.
The Secretary-General of the United Nations is invited to prepare a translation of the annexed Regulations in the English and Russian languages.
The Secretary-General of the Central Commission for the Navigation of the Rhine is invited to prepare a translation of the annexed Regulations in the German language.
(Suivent signatures)
States Parties |
Ratification Accession (A) |
Entry into force |
||
Germany * |
31 January |
2008 |
29 February |
2008 |
Austria * |
9 November |
2004 A |
29 February |
2008 |
Bulgaria |
7 March |
2006 |
29 February |
2008 |
Croatia |
March 4 |
2009 |
April 4 |
2009 |
France * |
3 April |
2008 |
3 May |
2008 |
Hungary |
4 May |
2004 A |
29 February |
2008 |
Luxembourg * |
24 May |
2007 |
29 February |
2008 |
Moldova |
19 February |
2008 |
19 March |
2008 |
Netherlands * |
April 30 |
2003 |
29 February |
2008 |
Poland |
25 June |
2010 A |
July 25 |
2010 |
Czech Republic |
21 September |
2011 |
21 October |
2011 |
Romania |
3 December |
2008 A |
3 January |
2009 |
Russia |
10 October |
2002 A |
29 February |
2008 |
Serbia |
6 January |
2011 A |
February 6 |
2011 |
Slovakia |
20 October |
2009 |
20 November |
2009 |
Switzerland * |
February 8 |
2011 A |
8 March |
2011 |
Ukraine * |
28 January |
2010 A |
28 February |
2010 |
Reservations and declarations are not published in the RO, except for those of Switzerland. 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. |
Article 14, para. 3, let. A
Switzerland declares that the said agreement is not applicable:
Article 14, para. 3, let. B
Switzerland declares that the application of the said agreement on the Rhine downstream of the bridge "Mittlere Rheinbrücke" in Basel is subject to the completion of the procedures laid down in the statute of the Central Commission for the Navigation of the Rhine. Accordingly, the provisions of the Agreement and its Annexes as well as the ad hoc amendments shall be implemented in accordance with the Revised Convention for the Navigation of the Rhine, signed at Mannheim on 17 October 1868, between the Grand Duchy of Baden, Bavaria, France, the Grand Duchy of Hesse, the Netherlands and Prussia 4 .
1 Art. 1 al. 1 of 1 AF Er Oct. 2010 ( RO 2011 1013 )
2 RO 2011 1015 And 2014 315. A version of the updated scope of application is published on the DFAE website (www.dfae.admin.ch/traites).
3 Art. 1 al. 3 of 1 AF Er Oct. 2010 ( RO 2011 1013 )
4 RS 0.747.224.101