The figure of the ADR Safety Consultant is regulated by section 1.8.3 of the ADR agreement with the aim of facilitating the prevention of risks to people, goods or the environment associated with the transport of dangerous goods.
Starting from 2019, the ADR Agreement has extended the obligation to appoint the ADR Consultant for transport security, in addition to the subjects previously envisaged, also to companies that are only “shippers” of dangerous goods by road (as defined in section 1.2.1 with the related obligations provided for in section 1.4.2.1. of the ADR agreement).
This requirement must be complied with as of 1 January 2023 (point 1.6.1.44 of the ADR agreement), except in all those circumstances in which a non-mandatory or exemption is envisaged.
The current regulatory framework, in fact, provides for the configuration of particular transport conditions in conjunction with which the subjects subject to the obligation to appoint the ADR Safety Consultant can be exempted from this burden.
Cases of non-compulsory appointment of the ADR consultant for the road transport of dangerous goods
With note prot. 40141 of 21/12/2022, the Ministry of Infrastructure and Transport specified that the appointment of the ADR consultant can NOT apply to all companies, including “shippers”, which are in the following operating conditions:
– where their activities concern quantities, per transport unit, which do not exceed the limits defined in point 1.1.3.6. and in Section 1.7.1.4 as well as in Chapters 3.3, 3.4 or 3.5 (Section 1.8.3.2)(a) of the ADR Agreement);
– where the undertakings do not carry out, as their main or ancillary activity, transport of dangerous goods or shipping, packing, filling, loading or unloading operations connected with such transport, but which occasionally carry out national transport of dangerous goods, or shipping, packing, filling, loading or unloading operations connected with such transport which present a minimum degree of danger or risk of pollution (point 1.8.3.2), letter b) of the ADR agreement).
Even in the conditions of non-mandatory appointment of the safety consultant, however, the operators involved will have to comply with the requirements of the Agreement.
