Decree of the Minister for Foreign Affairs No. 64 / 1987 Coll.
Decree of the Minister for Foreign Affairs on the European Agreement on the International Carriage of Dangerous Goods by Road (ADR)
Valid
Effective from 17.08.1986
64
DECLARATION
Minister for Foreign Affairs
of 26 May 1987
on the European Agreement on the International Carriage of Dangerous Goods by Road (ADR)
The European Agreement on the International Carriage of Dangerous Goods by Road (ADR) was negotiated in Geneva on 30 September 1957.
The Charter on access by the Czechoslovak Socialist Republic to the European Agreement on the International Carriage of Dangerous Goods by Road (ADR) was deposited with the Secretary-General of the United Nations, depositary of the Agreement, on 17 July 1986, subject to the fact that the Czechoslovak Socialist Republic does not feel bound by the provisions of Article 11 (2) and (3) of the Agreement within the meaning of Article 12 (1) of the Agreement.
At the same time, a declaration was made on the provisions of Article 10 of the Agreement, which is contrary to the Declaration of Independence on Colonial Territories and on the peoples adopted at the UN VS meeting in 1960, and the Czechoslovak Socialist Republic considers them to be over.
The Agreement entered into force on 29 January 1968 and its Annex on 29 July 1968 pursuant to Article 7 (1) thereof. For the Czechoslovak Socialist Republic, the Agreement and its Annexes entered into force on 17 August 1986 on the same Article (2).
The Czech translation of the Agreement is announced simultaneously. The text of Annex A - "Provisions on dangerous substances and articles' and Annex B -" Provisions on means of transport and transport 'in the French, English and Russian texts may be consulted by the Federal Ministry of Transport. Any amendments to the Annexes to the Agreement shall be published or notified in the Transport and Tariff Bulletin of the Federal Ministry of Transport.
Minister:
Ing. Chupek v. r.
EUROPEAN AGREEMENT
concerning the international carriage of dangerous goods by road - ADR (Geneva, 1957)
Contracting Parties
Desiring to increase the safety of international road transport, they have agreed as follows:
For the purposes of this Agreement:
(a) under the term "vehicles" means motor vehicles, semi-trailers, trailers and semi-trailers as defined in Article 4 of the Convention on Road Traffic of 19 September 1949, with the exception of vehicles belonging to or under the responsibility of the armed forces of a Contracting Party;
(b) under the term 'dangerous goods', substances and articles whose international carriage by road of Annexes A and B prohibits or permits only under certain conditions;
(c) "international transport" means any transport carried out in the territory of at least two Contracting Parties by the vehicles defined in (a).
(1) With the exception of the provisions of Article 4 (3), dangerous goods excluded from transport under Annex A may not be the subject of international transport.
(2) International transport of other dangerous goods is permitted provided that:
(a) the conditions laid down in Annex A for such goods, in particular for their packaging and labelling;
(b) the conditions laid down in Annex B, in particular for the construction, equipment and operation of the vehicle transporting these items, with the exception of Article 4 (2).
The Annexes to this Agreement shall form an integral part thereof.
(1) Each Contracting Party retains the right to modify or prohibit the introduction into its territory of dangerous goods for reasons other than road safety reasons.
(2) Vehicles which have been in service in the territory of a Contracting Party at the time of entry into force of this Agreement or which have been put into service within two months of its entry into force may be used for the international transport of dangerous goods for a period of three years from the date of entry into force of this Agreement, even if their construction and equipment do not fully comply with the conditions set out in Annex B. However, the specific provisions of Annex B may limit that period.
(3) The Contracting Parties retain the right to agree in special bilateral or multilateral agreements that dangerous goods whose international transport is completely prohibited by this Agreement may, under certain conditions, be subject to international shipments in their territories or that dangerous goods whose international transport is permitted under the conditions laid down in this Agreement may be subject to international shipments in their territories under less stringent conditions than those laid down in the Annexes to this Agreement. Such specific bilateral or multilateral agreements referring to this paragraph shall be notified to the Secretary-General of the United Nations, who shall notify them to the other Contracting Parties which have not signed those agreements.
Transfers covered by this Agreement shall remain subject to general national or international regulations on road traffic, international road transport and international trade.
(1) The Member States of the European Economic Commission and the States admitted to the Commission with an advisory vote under paragraph 8 of the mandate of this Commission may become Contracting Parties to this Agreement:
(a) by signature thereof,
(b) its ratification after signature, subject to ratification;
(c) access to it.
(2) States entitled to participate in certain works of the European Economic Commission under paragraph 11 of the mandate of this Commission may become Contracting Parties to this Agreement by acceding to it after its entry into force.
(3) The Agreement is open for signature by 15 December 1957. It shall be open to access after that date.
(4) Ratification or access shall be carried out by deposit 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 Article 6 (1) which have signed it without reservation of ratification or deposited their instruments of ratification or accession reaches five. However, its annexes will not enter into force until six months after the Agreement itself enters into force.
(2) For each State which ratifies or accedes to this Agreement after the five States referred to in Article 6 (1) have signed it without reservation of ratification or deposit of its 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 State and its Annexes shall enter into force for that State either on the same date, if they are already in force on that date, or, failing that, on the date on which they become applicable under paragraph 1 of this Article.
(1) Each Contracting Party may terminate this Agreement by notifying the Secretary-General of the United Nations.
(2) The denunciation shall take effect 12 months after the date on which the Secretary-General received the notification.
(1) This Agreement shall expire if, after its entry into force, the number of Contracting Parties is less than five in the 12 consecutive months.
(2) If a global agreement on the transport of dangerous goods is concluded, the date of entry into force of any provision of this Agreement contrary to some of the provisions of that global agreement will cease to be valid in relations between the Contracting Parties to this Agreement which will become parties to the global agreement and will automatically be replaced by the relevant provision of that global agreement.
(1) Any State may, upon signature of this Agreement without reservation of ratification or deposit of the instrument of ratification or accession, or at any later date, declare in a notification to the Secretary-General of the United Nations that this Agreement will apply in all territories or territories which it represents in international relations. The Agreement and its Annexes shall enter into force on the territories or territories referred to in the notification one month after the Secretary-General has received the notification.
(2) Any State which makes a declaration pursuant to paragraph 1 of this Article that this Agreement applies in a territory which it represents in international relations may terminate the Agreement in accordance with Article 8 as regards that territory.
(1) Any dispute between two or more Contracting Parties concerning the interpretation or application of this Agreement shall, as far as possible, be resolved by negotiations between them.
(2) Any dispute which has not been resolved by negotiation will be subject to arbitration if one of the parties involved in the dispute so requests and to this end it will be submitted to one or more arbitrators selected by agreement between the parties concerned. If, within three months of the date of the request for arbitration, the parties involved in the dispute have not reached an agreement on the choice of arbitrators or arbitrators, either Party may request the Secretary-General of the United Nations to designate a single arbitrator to whom the dispute is referred for decision.
(3) The decision of the arbitrator or arbitrator determined in accordance with paragraph 2 of this Article shall be binding on the parties involved in the dispute.
(1) Each Contracting Party may, when signing or ratifying this Agreement or accessing it, declare that it does not feel bound by Article 11. The other Contracting Parties shall not be bound by Article 11 against the Contracting Party which has made such a reservation.
(2) Any Contracting Party which has made a reservation pursuant to paragraph 1 of this Article may at any time withdraw that reservation by a notification sent to the Secretary-General of the United Nations.
(1) Upon expiry of three years of this Agreement, any Contracting Party may request a conference to be convened for the purpose of revision of the Agreement by a notification to the Secretary-General of the United Nations. The Secretary-General shall inform all Contracting Parties of this request and convene a review conference if at least a quarter of the Contracting Parties agree to this request within four months of the date on which the Secretary-General sent the notification.
(2) If the Conference referred to in paragraph 1 of this Article is convened, the Secretary-General shall inform all the Contracting Parties thereof and shall invite them to submit within three months the proposals they request at the Conference. The Secretary-General shall circulate the provisional agenda of the Conference to all Contracting Parties at least three months before the date of the opening of the Conference, together with the text of these proposals.
(3) The Secretary-General shall invite to each conference convened pursuant to this Article all States referred to in Article 6 (1) and States which have become Contracting Parties pursuant to Article 6 (2).
(1) Independent of the revision procedure referred to in Article 13, each Contracting Party may propose one or more amendments to the Annexes to this Agreement. To that end, they shall send their text to the Secretary-General of the United Nations. The Secretary-General may also propose amendments to the Annexes to this Agreement to achieve the conformity of those Annexes with other international agreements concerning the transport of dangerous goods.
(2) Any proposal made pursuant to paragraph 1 of this Article shall be forwarded by the Secretary-General to all Contracting Parties and shall inform the other States referred to in Article 6 (1) thereof.
(3) Any amendment to the Annexes shall be deemed accepted if, within three months of the date on which the Secretary-General sent it, at least one third of the Contracting Parties or five of them, if one third is greater than that number, do not notify the Secretary-General in writing of their objections to the proposed amendment. If the amendment is deemed to be accepted, it shall enter into force for all Contracting Parties either after the expiry of a further three-month period, except in the following cases:
(a) where similar amendments have been or are likely to be incorporated into other international agreements referred to in paragraph 1 of this Article, the amendment shall enter into force after the expiry of the period laid down by the Secretary-General so that the amendment enters into force, as far as possible, at the same time as the amendments which have been or are likely to be incorporated into those other agreements; However, that period may not be less than one month;
(b) a Contracting Party which accepts the proposed amendment may propose a period of more than three months for the entry into force of the amendment if it is accepted.
(4) The Secretary-General shall notify as soon as possible all the Contracting Parties and all the States referred to in Article 6 (1) of any objection received from the Contracting Parties against the amendment.
(5) If an amendment to the Annexes is not deemed to be accepted, but at least one Contracting Party, other than that submitted by it, shall notify the Secretary-General in writing of its agreement to the proposal, the Secretary-General shall convene a meeting of all the Contracting Parties and of all the States referred to in Article 6 (1) within three months of the expiry of the three-month period laid down in paragraph 3 of this Article to send objections to the amendment. The Secretary-General may also invite representatives:
(a) international governmental organisations competent in transport matters;
(b) international NGOs whose activities are directly related to the transport of dangerous goods within the territory of the Contracting Parties.
(6) Any amendment which has been adopted by an absolute majority of the total number of Contracting Parties at a meeting convened pursuant to paragraph 5 of this Article shall enter into force for all Contracting Parties in accordance with the rules approved at that meeting by a majority of the Contracting Parties involved therein.
In addition to the notifications referred to in Articles 13 and 14, the Secretary-General of the United Nations shall inform the States referred to in Article 6 (1), as well as the States Parties referred to in Article 6 (2).
(a) the signatures, ratifications and accesses referred to in Article 6;
(b) the dates of entry into force of this Agreement and its Annexes in accordance with Article 7;
(c) the statements referred to in Article 8;
(d) the expiry of the Agreement pursuant to Article 9;
(e) the notifications and statements received pursuant to Article 10;
(f) the declarations and notifications received pursuant to Article 12 (1) and (2);
(g) the adoption of amendments and the date on which the amendments enter into force pursuant to Article 14 (3) and (6).
(1) The Protocol on the signing of this Agreement has the same validity, commitment and duration as its own Agreement and is considered an integral part thereof.
(2) No reservation may be made with regard to this Agreement except for those entered in the Protocol on signature and those made pursuant to Article 12.
After 15 December 1957, the original of this Agreement shall be deposited with the Secretary-General of the United Nations, who shall circulate its certified identical copies to all States referred to in Article 6 (1).
In evidence of the undersigned, duly authorised, signed this Agreement.
In Geneva, on the 30th of September in the year of the thousand and ninety-seventh, in a single copy in English and French for the wording of the Agreement itself and in French for the annexes, the two texts being equally authentic to the Agreement itself.
The Secretary-General of the United Nations is requested to draw up an authorised translation of the annexes into the English language and to add that translation to the certified copies referred to in Article 17.
PROTOCOL ON DESIGN
European agreements concerning the international carriage of dangerous goods by road (ADR)
When signing the Europe Agreement on the International Carriage of Dangerous Goods by Road (ADR), signed below, duly authorised to do so,
1. considering that the conditions for the carriage of dangerous goods by sea to or from the United Kingdom differ substantially from those laid down in Annex A to the ADR and that they cannot be adapted in the near future to comply with them,
Having regard to the United Kingdom's commitment to submit, as an amendment to Annex A, a special amendment to that Annex A, containing specific provisions for the carriage of dangerous goods by road and by sea between the European continent and the United Kingdom,
have decided that, pending the entry into force of this special amendment, dangerous goods which will be transported under the ADR to or from the United Kingdom must comply with the provisions of Annex A to the ADR and, in addition, the United Kingdom provisions applicable to the maritime transport of dangerous goods;
2. take note of the statement by the representative of France that the Government of the French Republic reserves, by way of derogation from Article 4 (2), the authorisation of vehicles operating in the territory of another Contracting Party, irrespective of the date of entry into service of those vehicles, to carry dangerous goods on the French territory only if they comply with the conditions laid down for such carriage in Annex B or the conditions laid down for the transport of such goods by the French legislation on the carriage of dangerous goods by road;
3. They have recommended that amendments to this Agreement or its Annexes be discussed, as far as possible, before being submitted pursuant to Article 14 (1) or Article 13 (2), at meetings of experts of the Parties and, if necessary, by the other States referred to in Article 6 (1) of this Agreement, as well as by the international organisations referred to in Article 14 (5) of this Agreement.
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Regulation Information
| Citation | Decree of the Minister for Foreign Affairs No. 64 / 1987 Coll., on the European Agreement on the International Carriage of Dangerous Goods by Road (ADR) |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 01.07.1987 |
|---|---|
| Effective from | 17.08.1986 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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