ADR is the acronym given to The European Agreement Concerning the International Carriage of Dangerous Goods by Road, “Accord européen relatif au transport international des marchandises Dangereuses par Route”, which was signed in Geneva in 1957 and transposed by Italian Law n. 1839 of 12 August 1962. It classifies the dangerous goods for which international transport is prohibited and the goods for which international transport is authorised, subject to compliance with certain conditions, as regulated.
Ratio legis and the structure of the regulation
The ADR regulates, and in some cases restricts, the carriage of dangerous goods at all stages of the road transport system, from despatch to delivery, including packaging, filling, labelling, storage, loading and unloading.
There are 17 articles which define the principles and procedures for acceding to, applying and revising the Agreement. The text also includes two Annexes, A and B, which are subject to review every 2 years, these annexes contain the key elements of the regulation.
Scope
The ADR defines the classification of dangerous substances, the methods used to identify them and the conditions for their transport.
Also indicated within the ADR are the documents that must be produced and how they should be drawn up, as well as the conditions which allow for total or partial exemption; i.e., the circumstances and means of transport for which the regulation may be partially applied or waived.
Key points for the application of the regulation
Companies need to pay close attention to the following aspects if they are to deal correctly with safety matters relative to the transport of dangerous substances by road:
Correct identification of the scope. This issue may arise with companies that are part of the supply chain but which do not handle the transport of goods directly – for example, companies that manage storage operations. It is a common misconception that such companies are exempt from the application of the ADR and therefore do not need to observe these requirements.
Identification of the responsible parties, ensuring that they are aware of their tasks and obligations by means of appropriate communication and prevention measures.
Where applicable, identify whether partial or total exemption can be applied. This means defining whether the activity carried out requires compliance with the ADR or whether the conditions are present for exemption. Exemption implies less complex management and a considerable reduction in costs.
Activities
An ADR adviser can guide companies in establishing whether they are subject to or exempt from the regulations, as well as assisting those responsible in their duties, which may include training activities. If necessary, this consultant draws up all the essential documentation, including the annual report on loading, unloading and transport activities.
Letter of appointment: ADR Adviser (DGSA)
What is it? With this document, the employer formally assigns the role of ADR Adviser (Dangerous Goods Safety Adviser or “DGSA”) to a person outside the company; the appointment of an external ADR Adviser is compulsory whenever the ADR legislation has to be applied, except in cases of partial or total exemption.
Who is responsible for preparing it? Employers
Legal framework: European Agreement Concerning the Carriage of Dangerous Goods by Road, as amended.
The ADR annual report:
The European Agreement on the Carriage of Dangerous Goods by Road, or ADR, lays down provisions for the classification of dangerous goods and their packaging, labelling, handling, loading and unloading. These provisions are implemented by the company through a series of safety measures, listed in the ADR Safety Adviser’s Annual Report.
More details on the ADR Safety Adviser’s annual report
What is the ADR Annual report? It is the document which describes the company’s activities that involve transporting dangerous goods and indicates the safety measures adopted. It is mandatory in all cases covered by the regulations where partial or total exemption is not applicable; it certifies that the company complies with the ADR regulations.
Minimum content for the ADR Annual Report: the content to be included in the document is not specified in detail.
Who is responsible for preparing it? The ADR Adviser (or DGSA – Dangerous Goods Safety Adviser).
Legal framework: the European Agreement signed in Geneva on 30 September 1957 and ratified by Italian Law n.1839 of 12 August 1962 (“Accord europeen relatif au transport international des marchandises dangereuses par route”) as amended by subsequent European agreements on the carriage of dangerous goods.
The purpose of the ADR annual report is to review what the adviser has established and assessed regarding the management of dangerous goods during the preceding year and to identify what improvements need to be made during the current year. By doing this, the company implements a process of continual improvement.