Commission Directive 2004/112/EC of 13 December 2004 adapting to technical progress Council Directive 95/50/EC on uniform procedures for checks on the transport of dangerous goods by roadText with EEA relevance

Commission Directive 2004/112/EC of 13 December 2004 adapting to technical progress Council Directive 95/50/EC on uniform procedures for checks on the transport of dangerous goods by road (Text with EEA relevance) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Directive 95/50/EC of 6 October 1995 on uniform procedures for checks on the transport of dangerous goods by road OJ L 249, 17.10.1995, p. 35. Directive as amended by Directive 2001/26/EC of the European Parliament and of the Council (OJ L 168, 23.6.2001, p. 23). and in particular Article 9a thereof, Whereas: (1) Council Directive 94/55/EC of 21 November 1994 on the approximation of the laws of the Member States with regard to the transport of dangerous goods by road OJ L 319, 12.12.1994, p. 7. Directive as last amended by Commission Directive 2003/28/EC (OJ L 90, 8.4.2003, p. 45). laid down uniform rules for the transportation of dangerous goods in the Community. (2) The Annexes to Directive 95/50/EC are related to the Annexes to Directive 94/55/EC. Adaptation to scientific and technical progress of the Annexes to Directive 94/55/EC may have an effect on the Annexes to Directive 95/50/EC. (3) In order to take into account Commission Directive 2003/28/EC of 7 April 2003 adapting for the fourth time to technical progress Council Directive 94/55/EC on the approximation of the laws of the Member States with regard to the transport of dangerous goods by road, the Annexes to Directive 95/50/EC should be amended. (4) The measures provided for in this Directive are in accordance with the opinion of the Committee on the transport of dangerous goods set up by Directive 94/55/EC, HAS ADOPTED THIS DIRECTIVE:

Article 1

Directive 95/50/EC is hereby amended as follows: Annexes I, II and III are replaced by Annexes I, II and III to this Directive.

Article 2

1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive no later than one year after its publication. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive. When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
2. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.

Article 3

This Directive shall enter into force on the twentieth day following its publication in the Official Journal of the European Union.

Article 4

This Directive is addressed to the Member States. Done at Brussels, 13 December 2004. For the Commission Jacques Barrot Member of the Commission

Annex

ANNEX I CHECKLIST1. Place of check2. Date3. Time4. Vehicle nationality mark and registration number5. Trailer/semi-trailer nationality mark and registration number6. Undertaking carrying out transport/address7. Driver/driver’s assistant8. Consignor, address, place of loading (1) (2)9. Consignee, address, place of unloading (1) (2)10. Total quantity of dangerous goods per transport unit11. ADR 1.1.3.6 quantity limit exceededyesno12. Mode of transportin bulkpackagetankDocuments on board13. Transport documentinspectedinfringement establishednot applicable14. Instructions in writinginspectedinfringement establishednot applicable15. Bilateral/multilateral agreement/national authorisationinspectedinfringement establishednot applicable16. Certificate of approval for vehiclesinspectedinfringement establishednot applicable17. Driver's training certificateinspectedinfringement establishednot applicableTransport operation18. Goods authorised for transportinspectedinfringement establishednot applicable19. Vehicles authorised for goods carriedinspectedinfringement establishednot applicable20. Provisions related to the mode of transport (bulk, package, tank)inspectedinfringement establishednot applicable21. Mixed loading prohibitioninspectedinfringement establishednot applicable22. Loading, securing of the load and handling (3)inspectedinfringement establishednot applicable23. Leakage of goods or damage to package (3)inspectedinfringement establishednot applicable24. UN packaging marking/tank marking (2) (3) (ADR 6)inspectedinfringement establishednot applicable25. Package marking (e.g. UN no) and labelling (2) (ADR 5.2)inspectedinfringement establishednot applicable26. Tank/vehicle placarding (ADR 5.3.1)inspectedinfringement establishednot applicable(1) To be filled only if relevant for an infringement.(2) To be stated under remarks for groupage transport operations.(3) Check of visible violations.

1. Vehicle/transport unit marking (orange plate, elev. temp.)(ADR 5.3.2-3)inspectedinfringement establishednot applicableEquipment on board28. General purpose safety equipment specified in ADRinspectedinfringement establishednot applicable29. Equipment according to the goods carriedinspectedinfringement establishednot applicable30. Other equipment specified in the instructions in writinginspectedinfringement establishednot applicable31. Fire extinguisher(s)inspectedinfringement establishednot applicable39. The most serious risk category of established infringements, if anyCategory ICategory IICategory III40. Remarks41. Authority/officer having carried out the inspection

Annex

ANNEX II INFRINGEMENTS For the purposes of this Directive, the following non-exhaustive list, classified into three risk categories (Category I being the most serious), gives a guideline on what is to be regarded as infringement. The determination of the appropriate risk category must take account of the particular circumstances and be left to the discretion of the enforcing body/officer at the roadside. Failures that are not listed under the risk categories shall be classified according to the descriptions of the categories. In the event there are several infringements per transport unit, only the most serious risk category (as indicated under item 39 in Annex I to this Directive) shall be applied for reporting purposes (Annex III to this Directive).

1. Risk Category I Where failure to comply with relevant ADR provisions creates a high-level risk of death, serious personal injury or significant damage to the environment such failures would normally lead to taking immediate and appropriate corrective measures such as immobilisation of the vehicle. Failures are:
2. The dangerous goods being carried are prohibited for transport
3. Leakage of dangerous substances
4. Carriage by a prohibited mode or an inappropriate means of transport
5. Carriage in bulk in a container which is not structurally serviceable
6. Carriage in a vehicle without an appropriate certificate of approval
7. Vehicle no longer complies with the approval standards and presents an immediate danger (otherwise it goes in risk category II)
8. Non-approved packaging is used
9. Packaging does not conform to the applicable packing instruction
10. The special provisions for mixed packing have not been complied with
11. The rules governing the securing and stowage of the load have not been complied with
12. The rules governing mixed loading of packages have not been complied with
13. The permissible degrees of filling of tanks or packages have not been complied with
14. The provisions limiting the quantities carried in one transport unit have not been complied with
15. Carriage of dangerous goods without any indication of their presence (e.g. documents, marking and labelling on the packages, placarding and marking on the vehicle)
16. Carriage without any placarding and marking on the vehicle
17. Information relevant to the substance being carried enabling determination of a risk category I offence is missing (e.g. UN number, proper shipping name, packing group)

1. Driver does not hold a valid vocational training certificate
2. Fire or an unprotected light is being used
3. The ban on smoking is not being observed.
4. Risk Category II Where failure to comply with relevant ADR provisions creates a risk of personal injury or damage to the environment such failures would normally lead to taking appropriate corrective measures such as requiring rectification at the site of control if possible and appropriate, but at the completion of the current transport movement at the latest. Failures are:
5. The transport unit comprises more than one trailer/semi-trailer
6. Vehicle no longer complies with the approval standards but does not present an immediate danger
7. The vehicle is not carrying operational fire extinguishers as required; a fire extinguisher can still be deemed operational if only the prescribed seal and/or the expiry date are missing; however, this does not apply if the fire extinguisher is visibly no longer operational, e.g. pressure gauge at 0
8. The vehicle does not carry the equipment required in the ADR or in the instructions in writing
9. Test and inspection dates and use periods of packaging, IBCs or large packaging have not been complied with
10. Packages with damaged packaging, IBCs or large packaging or damaged uncleaned empty packaging are being carried
11. Carriage of packaged goods in a container which is not structurally serviceable
12. Tanks/tank containers (including ones that are empty and uncleaned) have not been closed properly
13. Carriage of a combination packaging with an outer packaging which is not closed properly
14. Incorrect labelling, marking or placarding
15. There are no instructions in writing conforming to the ADR, or the instructions in writing are not relevant to the goods carried
16. The vehicle is not properly supervised or parked.
17. Risk Category III Where failure to comply with relevant provisions result in a low level of risk of personal injury or damage to the environment and where appropriate corrective measures do not need to be taken at the roadside but can be addressed at a later date at the undertaking. Failures are:
18. The size of placards or labels or the size of letters, figures or symbols on placards or labels does not comply with the regulations
19. Information in the transport documentation other than that in risk category I/(16) is not available
20. The training certificate is not on board the vehicle but there is evidence that the driver holds it.

Annex

ANNEX III MODEL STANDARD FORM FOR THE REPORT TO BE SENT TO THE COMMISSION CONCERNING INFRINGEMENTS AND PENALTIES Country:Year:CHECKS ON THE TRANSPORT OF DANGEROUS GOODS BY ROADPlace of registration of vehicles (1)Total numberCountry of checkOther EU Member StatesThird countriesNumber of transport units checked on the basis of the contents of the load (and ADR)Number of transport units not conforming to ADRNumber of transport units immobilisedNumber of infringements noted, according to risk category (2)Risk category IRisk category IIRisk category IIINumber of penalties imposed, according to penalty typeCautionFineOtherESTIMATED TOTAL QUANTITY OF DANGEROUSGOODS TRANSPORTED BY ROAD:tor t.km(1) For the purposes of this Annex the country of registration is that of the motor vehicle.(2) In the event that there are several infringements per transport unit, only the most serious risk category (as indicated under item 39 in Annex I) shall be applied.