Inland transport of dangerous goods

Directive 2008/68/EC on the inland transport of dangerous goods

It lays down common rules for the safe and secure transport of dangerous goods within and between EU countries by road, rail or inland waterway. It also covers aspects such as loading and unloading, the transfer to and from another mode of transport, as well as the stops in the course of the transport process. It extends the application of international rules to national transport of dangerous goods.

Exclusions

The directive does not apply to the transport of dangerous goods:

—by vehicles, wagons or vessels belonging to or under the responsibility of the armed forces;
—by seagoing vessels on maritime waterways forming part of inland waterways;
—by ferries only crossing an inland waterway or harbour;
—wholly performed within the perimeter of an enclosed area.

National rules

For reasons other than safety during transport (e.g. environmental protection or national security), EU countries are entitled to regulate or exclude the transport of dangerous goods within their own territory. They may also set down specific safety requirements for the national and international transport of dangerous goods within their own territory with regard to:

—the transport of dangerous goods by vehicles, wagons or inland waterway vessels not covered by this directive;
—the use of prescribed routes, where justified, including the use of prescribed modes of transport;
—special rules for the transport of dangerous goods in passenger trains.

International agreements

The international transport of dangerous goods is regulated by the European Agreement concerning the International Carriage of Dangerous Goods by Road (ADR)*, the European Agreement concerning the International Carriage of Dangerous Goods by Inland Waterways (ADN)* and the Regulations concerning the International Carriage of Dangerous Goods by Rail (RID)*. These international rules must be extended to national transport in order to harmonise across the EU the conditions under which dangerous goods are transported and to ensure the proper functioning of the EU’s common transport market. The texts of these agreements are referred to in the Directive’s annexes.

The ADR, RID and ADN have drawn up a list of dangerous goods, indicating whether their transport is prohibited or not and defining the requirements for their transport if it is authorised. EU countries may request temporary derogations under certain conditions.

KEY TERMS

* ADR: the European Agreement concerning the International Carriage of Dangerous Goods by Road, concluded at Geneva on 30 September 1957.

* ADN: the European Agreement concerning the International Carriage of Dangerous Goods by Inland Waterways concluded at Geneva on 26 May 2000.

* RID: the Regulations concerning the International Carriage of Dangerous Goods by Rail, appearing as Appendix C to the Convention concerning International Carriage by Rail (COTIF) concluded at Vilnius on 3 June 1999.

ACTS

Directive 2008/68/EC of the European Parliament and of the Council of 24 September 2008 on the inland transport of dangerous goods

Successive amendments and corrections to Directive 2008/68/EC have been incorporated into the basic text. This consolidated version is for reference only.

Checks on the transport of dangerous goods by road

Directive 95/50/EC — uniform procedures for checks on the transport of dangerous goods by road

It introduces a uniform EU-wide system of random checks of vehicles transporting dangerous goods by road to ensure high levels of safety.

KEY POINTS

The directive applies to checks carried out by EU countries on the transport of dangerous goods by road in vehicles travelling in their territory or entering it from a non-EU country. It does not apply to the transport of dangerous goods under the responsibility of the armed forces.

These checks are carried out in the territory of an EU country, provided that they are not carried out as frontier checks at the internal frontiers of the EU, but as part of normal checks without discrimination.

The directive has 3 annexes:
Annex I — the checklist that needs to be completed during an inspection;
Annex II — a list and categorisation of infringements (for example, Category I includes transport of goods not authorised for transport, absence of a consignor’s declaration on the conformity of the goods and their packaging with transport legislation, inappropriate vehicle or packaging, etc.);
Annex III — model standard form for the report to be sent by the EU country to the European Commission concerning infringements and penalties recorded nationally.

Checks must:
cover at least the items included in the checklist in Annex I;
be carried out at different places, at any time of the day; and
cover a sufficiently extensive portion of the road network to make checkpoints difficult to avoid.
EU countries’ authorities may immobilise consignments that do not comply. They may oblige them to be brought into conformity before continuing their journey or make them subject to other appropriate measures, depending on the circumstances or the safety requirements. This may include, where appropriate, refusal to allow such vehicles to enter the EU.

Checks may also be carried out at business premises.
EU countries must work together to implement this directive effectively (report infringements to the country in which the carrier is registered, share information, etc.).

Each EU country must send the Commission a report for each calendar year on the application of the directive, including the particulars listed in the directive, such as:
the estimated volume of dangerous goods transported by road (in tonnes transported or in tonnes/kilometres);
the number of checks carried out and the number of vehicles checked by place of registration (vehicles registered nationally, in other EU countries, or in non-EU countries);
the number and categories of infringements recorded;
the type and number of penalties imposed.
Every 3 years, the Commission must send the European Parliament and the Council a report on the application of the directive by the EU countries.

DOCUMENTS

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, pp. 35-40)It has applied since 17 October 1995 and had to become law in the EU countries by 1 January 1997.

Successive amendments to Directive 95/50/EC have been incorporated in the original document. This consolidated version is of documentary value only.

Report from the Commission to the European Parliament and the Council on the application by the Member States of Council Directive 95/50/EC on uniform procedures for checks on the transport of dangerous goods by road (COM(2017) 112 final, 6.3.2017)

Directive 2008/68/EC of the European Parliament and of the Council of 24 September 2008 on the inland transport of dangerous goods (OJ L 260, 30.9.2008, pp. 13-59)

Transportable pressure equipment

Directive 2010/35/EU on transportable pressure equipment

It sets out detailed rules on transportable pressure equipment*, to improve safety and to ensure free movement of such equipment within the EU.
It updates previous legislation, particularly with regard to conformity requirements, conformity assessments, periodic inspections and checks in relation to transportable pressure equipment and repeals Directives 76/767/EEC, 84/525/EEC, 84/526/EEC, 84/527/EEC and 1999/36/EC.It has applied since 20 July 2010 and had to become law in the EU countries by 30 June 2011.

Scope

The directive applies to:

new transportable pressure equipment which does not bear the conformity markings provided for in Directives 84/525/EEC, 84/526/EEC, 84/527/EEC or 1999/36/EC, for the purpose of making it available on the market;
transportable pressure equipment bearing the conformity markings provided for in the above directives, for the purposes of its periodic inspections, intermediate inspections, exceptional checks and use;
transportable pressure equipment which does not bear the conformity markings provided for in Directive 1999/36/EC, for the purposes of reassessment of conformity.

This directive does not apply to:

transportable pressure equipment placed on the market before the implementation date of Directive 1999/36/EC and which has not been subject to a reassessment of conformity;
transportable pressure equipment exclusively used for the transport of dangerous goods between EU and non-EU countries, undertaken in accordance with Directive 2008/68/EC (see summary on Inland transport of dangerous goods).

Obligations of manufacturers, importers and distributors

Manufacturers must ensure that when placing their transportable pressure equipment on the market, the equipment has been designed, manufactured and documented in compliance with the requirements in both this directive and in Directive 2008/68/EC. Once compliance has been demonstrated via the conformity assessment process, manufacturers must affix the Pi marking* to the equipment. This Pi marking must only be affixed by the manufacturer or, in cases of reassessment of conformity, by or under the surveillance of the notified body*.

If manufacturers believe that they have placed transportable pressure equipment on the market that does not conform to the requirements, they must immediately take the necessary corrective measures to fulfil the requirements and, where appropriate, withdraw or recall the equipment from the market. If requested by the competent national authority, manufacturers must provide all documents to prove the conformity of their equipment, in a language easily understood by the authority.

Manufacturers may, by a written mandate, appoint an authorised representative. The mandate will specify tasks for the authorised representative to undertake, but will include:
keeping the technical documentation at the disposal of national surveillance authorities;
providing the competent national authority, on request, with all necessary information and documentation to prove the conformity of the transportable pressure equipment;
cooperating with the competent national authorities on action taken to eliminate any risks posed by the equipment covered by the mandate.

Importers and distributors may only place transportable pressure equipment on the EU market that complies with Directive 2008/68/EC and Directive 2010/35/EU. They must ensure that the equipment bears the Pi marking and has the necessary certificate of conformity. Where importers or distributors do not believe the equipment to be in conformity, they must not place it on the market.

Importers, distributors and owners must:
inform the manufacturer and competent authority of any risk presented by the equipment. Alternatively, where relevant, the distributor can inform the importer and the owner can inform either the distributor or the importer of such a risk;
document all instances of non-compliance and corrective measures;
ensure that when transportable pressure equipment is under their responsibility, storage or transport conditions do not jeopardise its conformity.

The above does not apply to private individuals intending to use the equipment for their personal use, leisure or sporting activities.

Conformity of transportable pressure equipment

Transportable pressure equipment must meet the relevant conformity assessment, periodic inspection, intermediate inspection and exceptional checks requirements, as well as the specifications of the documentation according to which the equipment was manufactured.

Free movement of transportable pressure equipment

No EU country may prohibit, restrict or impede the free movement, the placing on the market and the use of transportable pressure equipment on their territory, if it complies with this directive.

KEY TERMS

Transportable pressure equipment: equipment group that covers the following:
all pressure receptacles, their valves and other accessories when appropriate;
tanks, battery vehicles/wagons, multiple-element gas containers, and cylinders for gases, their valves and other accessories when appropriate;
includes gas cartridges but excludes aerosols, open cryogenic receptacles, gas cylinders for breathing apparatus and fire extinguishers.

Pi marking: marking which indicates that the transportable pressure equipment complies with the applicable conformity assessment requirements set out in Directive 2008/68/EC and in Directive 2010/35/EU.
Notified body: an inspection body meeting the requirements set out in the Annexes to Directive 2008/68/EC and the conditions set out in Directive 2010/35/EU and notified to the EU country in which it is established.

DOCUMENTS

Directive 2010/35/EU of the European Parliament and of the Council of 16 June 2010 on transportable pressure equipment and repealing Council Directives 76/767/EEC, 84/525/EEC, 84/526/EEC, 84/527/EEC and 1999/36/EC (OJ L 165, 30.6.2010, pp. 1-18)

Directive 2008/68/EC of the European Parliament and of the Council of 24 September 2008 on the inland transport of dangerous goods (OJ L 260, 30.9.2008, pp. 13-59)

Successive amendments to Directive 2008/68/EC have been incorporated into the original document. This consolidated version is of documentary value only.

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