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.
1 Note by the Secretariat: The special agreements concluded under this Chapter may be consulted on the web site of the Secretariat of the United Nations Economic Commission for Europe (http://www.unece.org/trans/danger/danger.htm).
Unless otherwise provided, the substances and articles of ADR may be carried until 30 June 2019 in accordance with the requirements of ADR applicable up to 31 December 2018.
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
126.96.36.199 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 188.8.131.52.1 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 184.108.40.206.6 in force up to 31 December 2004, but which are not in accordance with the requirements of 220.127.116.11, 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 18.104.22.168.