If, in the case of a container, this verification brings to light an infringement of the requirements of ADR, the consignee shall return the container to the carrier only after the infringement has been remedied.
If the consignee makes use of the services of other participants (unloader, cleaner, decontamination facility, etc.) he shall take appropriate measures to ensure that the requirements of 1.4.2.3.1 and 1.4.2.3.2 of ADR have been complied with.
Obligations of the other participants
A non-exhaustive list of the other participants and their respective obligations is given below. The obligations of the other participants flow from section 1.4.1 above insofar as they know or should have known that their duties are performed as part of a transport operation subject to ADR.
Loader
In the context of 1.4.1, the loader has the following obligations in particular:
(a) He shall hand the dangerous goods over to the carrier only if they are authorized for carriage in accordance with ADR;
(b) He shall, when handing over for carriage packed dangerous goods or uncleaned empty packagings, check whether the packaging is damaged. He shall not hand over a package the packaging of which is damaged, especially if it is not leakproof, and there are leakages or the possibility of leakages of the dangerous substance, until the damage has been repaired; this obligation also applies to empty uncleaned packagings;
(c) He shall comply with the special requirements concerning loading and handling;
(d) He shall, after loading dangerous goods into a container comply with the requirements concerning placarding, marking and orange-coloured plates conforming to Chapter 5.3;
(e) He shall, when loading packages, comply with the prohibitions on mixed loading taking into account dangerous goods already in the vehicle or large container and requirements concerning the separation of foodstuffs, other articles of consumption or animal feedstuffs.
The loader may, however, in the case of 1.4.3.1.1 (a), (d) and (e), rely on information and data made available to him by other participants.
Packer
In the context of 1.4.1, the packer shall comply with in particular:
(a) The requirements concerning packing conditions, or mixed packing conditions; and
(b) When he prepares packages for carriage, the requirements concerning marking and labelling of the packages.
Filler
In the context of 1.4.1, the filler has the following obligations in particular:
(a) He shall ascertain prior to the filling of tanks that both they and their equipment are technically in a satisfactory condition;
(b) He shall ascertain that the date of the next test for tank-vehicles, battery-vehicles, demountable tanks, portable tanks, tank-containers and MEGCs has not expired;
(c) He shall only fill tanks with the dangerous goods authorized for carriage in those tanks;
(d) He shall, in filling the tank, comply with the requirements concerning dangerous goods in adjoining compartments;
(e) He shall, during the filling of the tank, observe the maximum permissible degree of filling or the maximum permissible mass of contents per litre of capacity for the substance being filled;
(f) He shall, after filling the tank, ensure that all closures are in a closed position and that there is no leakage;
(g) He shall ensure that no dangerous residue of the filling substance adheres to the outside of the tanks filled by him;
(h) He shall, in preparing the dangerous goods for carriage, ensure that the placards, marks, orange-coloured plates and labels are affixed on the tanks, on the vehicles and on the containers for carriage in bulk in accordance with Chapter 5.3;
(i) (Reserved);
(j) He shall, when filling vehicles or containers with dangerous goods in bulk, ascertain that the relevant provisions of Chapter 7.3 are complied with.
Tank-container / portable tank operator
In the context of 1.4.1, the tank-container/portable tank operator shall in particular:
(a) Ensure compliance with the requirements for construction, equipment, tests and marking;
(b) Ensure that the maintenance of shells and their equipment is carried out in such a way as to ensure that, under normal operating conditions, the tank-container/portable tank satisfies the requirements of ADR until the next inspection;
(c) Have an exceptional check made when the safety of the shell or its equipment is liable to be impaired by a repair, an alteration or an accident.
Unloader
In the context of 1.4.1, the unloader shall in particular:
(a) Ascertain that the correct goods are unloaded by comparing the relevant information on the transport document with the information on the package, container, tank, MEMU, MEGC or vehicle;
(b) Before and during unloading, check whether the packagings, the tank, the vehicle or container have been damaged to an extent which would endanger the unloading operation. If this is the case, ascertain that unloading is not carried out until appropriate measures have been taken;
(c) Comply with all relevant requirements concerning unloading and handling;
(d) Immediately following the unloading of the tank, vehicle or container:
(i) Remove any dangerous residues which have adhered to the outside of the tank, vehicle or container during the process of unloading; and
(ii) Ensure the closure of valves and inspection openings;
(e) Ensure that the prescribed cleaning and decontamination of the vehicles or containers is carried out; and
(f) Ensure that the containers once completely unloaded, cleaned and decontaminated, no longer display the placards, marks and orange-coloured plates that had been displayed in accordance with Chapter 5.3.
If the unloader makes use of the services of other participants (cleaner, decontamination facility, etc.) he shall take appropriate measures to ensure that the requirements of ADR have been complied with.