The Contracting Parties shall agree on mutual administrative support for the implementation of ADR.
When a Contracting Party has reasons to observe that the safety of the carriage of dangerous goods on its territory is compromised as a result of very serious or repeated infringements by an enterprise which has its headquarters on the territory of another Contracting Party, it shall notify the competent authorities of this Contracting Party of such infringements. The competent authorities of the Contracting Party on the territory of which the very serious or repeated infringements were observed may request the competent authorities of the Contracting Party on the territory of which the enterprise has its headquarters to take appropriate measures against the offender(s). The transmission of data referring to persons shall not be permitted unless it is necessary for the prosecution of very serious or repeated infringements.
The authorities notified shall communicate to the competent authorities of the Contracting Party on the territory of which the infringements were observed, the measures which have, if necessary, been taken with respect to the enterprise.
Each undertaking, the activities of which include the consigning or the carriage of dangerous goods by road, or the related packing, loading, filling or unloading shall appoint one or more safety advisers for the carriage of dangerous goods, responsible for helping to prevent the risks inherent in such activities with regard to persons, property and the environment.
184.108.40.206 The competent authorities of the Contracting Parties may provide that these requirements shall not apply to undertakings:
(a) The activities of which concern quantities in each transport unit not exceeding those referred to in 220.127.116.11, 18.104.22.168 and in Chapters 3.3, 3.4 and 3.5; or
(b) The main or secondary activities of which are not the carriage or the related packing, filling, loading or unloading of dangerous goods but which occasionally engage in the national carriage or the related packing, filling, loading or unloading of dangerous goods posing little danger or risk of pollution.
The main task of the adviser shall be, under the responsibility of the head of the undertaking, to seek by all appropriate means and by all appropriate action, within the limits of the relevant activities of that undertaking, to facilitate the conduct of those activities in accordance with the requirements applicable and in the safest possible way.
With regard to the undertaking’s activities, the adviser has the following duties in particular:
- monitoring compliance with the requirements governing the carriage of dangerous goods;
- advising his undertaking on the carriage of dangerous goods;
- preparing an annual report to the management of his undertaking or a local public authority, as appropriate, on the undertaking's activities in the carriage of dangerous goods. Such annual reports shall be preserved for five years and made available to the national authorities at their request.
The adviser's duties also include monitoring the following practices and procedures relating to the relevant activities of the undertaking:
- the procedures for compliance with the requirements governing the identification of dangerous goods being transported;
- the undertaking's practice in taking account, when purchasing means of transport, of any special requirements in connection with the dangerous goods being transported;
- the procedures for checking the equipment used in connection with the carriage, packing, filling, loading or unloading of dangerous goods;
- the proper training of the undertaking’s employees, including on the changes to the regulations, and the maintenance of records of such training;
- the implementation of proper emergency procedures in the event of any accident or incident that may affect safety during the carriage, packing, filling, loading or unloading of dangerous goods;
- investigating and, where appropriate, preparing reports on serious accidents, incidents or serious infringements recorded during the carriage, packing, filling, loading or unloading of dangerous goods;
- the implementation of appropriate measures to avoid the recurrence of accidents, incidents or serious infringements;
- the account taken of the legal prescriptions and special requirements associated with the carriage of dangerous goods in the choice and use of sub-contractors or third parties;
- verification that employees involved in the consigning, carriage, packing, filling, loading or unloading of dangerous goods have detailed operational procedures and instructions;
- the introduction of measures to increase awareness of the risks inherent in the carriage, packing, filling, loading and unloading of dangerous goods;
- the implementation of verification procedures to ensure the presence on board the means of transport of the documents and safety equipment which must accompany transport and the compliance of such documents and equipment with the regulations;
- the implementation of verification procedures to ensure compliance with the requirements governing packing, filling, loading and unloading;
- the existence of the security plan indicated in 22.214.171.124.
The adviser may also be the head of the undertaking, a person with other duties in the undertaking, or a person not directly employed by that undertaking, provided that that person is capable of performing the duties of adviser.
Each undertaking concerned shall, on request, inform the competent authority or the body designated for that purpose by each Contracting Party of the identity of its adviser.
Whenever an accident affects persons, property or the environment or results in damage to property or the environment during carriage, packing, filling, loading or unloading carried out by the undertaking concerned, the adviser shall, after collecting all the relevant information, prepare an accident report to the management of the undertaking or to a local public authority, as appropriate. That report shall not replace any report by the management of the undertaking which might be required under any other international or national legislation.
An adviser shall hold a vocational training certificate, valid for transport by road. That certificate shall be issued by the competent authority or the body designated for that purpose by each Contracting Party.
To obtain a certificate, a candidate shall undergo training and pass an examination approved by the competent authority of the Contracting Party.
The main aims of the training shall be to provide candidates with sufficient knowledge of the risks inherent in the carriage, packing, filling, loading or unloading of dangerous goods, of the applicable laws, regulations and administrative provisions and of the duties listed in 126.96.36.199.
The examination shall be organized by the competent authority or by an examining body designated by the competent authority. The examining body shall not be a training provider.
The examining body shall be designated in writing. This approval may be of limited duration and shall be based on the following criteria:
- competence of the examining body;
- specifications of the form of the examinations the examining body is proposing, including, if necessary, the infrastructure and organisation of electronic examinations in accordance with 188.8.131.52.5, if these are to be carried out;
- measures intended to ensure that examinations are impartial;
- independence of the body from all natural or legal persons employing safety advisers.