In accordance with Article 4, paragraph 3 of ADR, the competent authorities of the Contracting
Parties may agree directly among themselves to authorize certain transport operations in their
territories by temporary derogation from the requirements of ADR, provided that safety is not
compromised thereby. The authority which has taken the initiative with respect to the temporary
derogation shall notify such derogations to the Secretariat of the United Nations Economic
Commission for Europe which shall bring them to the attention of the Contracting Parties1.
NOTE: "Special arrangement" in accordance with 1.7.4 is not considered to be a temporary
derogation in accordance with this section.
The period of validity of the temporary derogation shall not be more than five years from the date of
its entry into force. The temporary derogation shall automatically cease as from the date of the entry
into force of a relevant amendment to ADR.
Transport operations on the basis of temporary derogations shall constitute transport operations in the
sense of ADR.
Unless otherwise provided, the substances and articles of ADR may be carried until 30 June 2017 in
accordance with the requirements of ADR applicable up to 31 December 2016.
Substances and articles of Class 1, belonging to the armed forces of a Contracting Party, that were
packaged prior to 1 January 1990 in accordance with the requirements of ADR in effect at that time
may be carried after 31 December 1989 provided the packagings maintain their integrity and are
declared in the transport document as military goods packaged prior to 1 January 1990. The other
requirements applicable as from 1 January 1990 for this class shall be complied with.
Substances and articles of Class 1 that were packaged between 1 January 1990 and 31 December 1996
in accordance with the requirements of ADR in effect at that time may be carried after 31 December
1996, provided the packagings maintain their integrity and are declared in the transport document as
goods of Class 1 packaged between 1 January 1990 and 31 December 1996.
Intermediate bulk containers (IBCs) manufactured before 1 January 2003 in accordance with the
requirements of marginal 3612 (1) applicable up to 30 June 2001 and which do not conform to the
requirements of 126.96.36.199.1 regarding the height of letters, numerals and symbols applicable as from
1 July 2001 may continue to be used.
Type approvals for drums, jerricans and composite packagings made of high or medium molecular
mass polyethylene issued before 1 July 2005 in accordance with the requirements of 188.8.131.52.6 in force
up to 31 December 2004, but which are not in accordance with the requirements of 184.108.40.206, continue
to be valid until 31 December 2009. Any such packagings manufactured and marked on the basis of
these type approvals may be used until the end of their period of use determined in 220.127.116.11.