Guidance

Applicability of multilateral agreements to national carriage on the territory of Great Britain

Updated 6 April 2020

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Interpretation

Through article 4 of ADR and provisions in chapter 1.5 of ADR, contracting parties to ADR may enter into bilateral or multilateral agreements to authorise the carriage on their territories of certain dangerous goods, for international transport purposes, that do not comply with the requirements of ADR.

Where a temporary derogation from ADR is made under a bilateral or a multilateral agreement between the contracting parties in accordance with ADR 1.5.1.1, those parties are agreeing that the goods in question can be carried for international carriage on their territories without complying with the full requirements of ADR.

Therefore, the transport of those goods is allowed only in the territories, and for the benefit of the contracting parties signatories to that agreement.

This interpretation follows through to the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2009 as amended (CDG 2009). Regulation 5 states that the carriage of dangerous goods must be in accordance with ADR (the definition of ADR given in CDG 2009, part 1, regulation 2, means annexes A and B to the European Agreement concerning the International Carriage of Dangerous Goods by Road, as revised or reissued from time to time), whilst regulation 3 specifies the scope of ADR to include national as well as international carriage.

It is the view of the GB competent authority, that if the UK signs a bilateral or multilateral agreement to allow the international carriage of a particular dangerous good on and to/from its territory without full compliance with ADR, it would allow for the national carriage of that good with the same exemption provisions, but only by carriers from the UK and other signatories to that agreement. The bilateral / multilateral agreements essentially modify ADR for the contracting parties that sign it, but other contracting parties are still subject to the full requirements of ADR on those territories.

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