According to the current ADR Agreement – “European Agreement concerning the International Carriage of Dangerous Goods by Road”, all companies whose activities involve the shipment or transport of hazardous goods or waste and the related packaging operations are obliged to appoint an ADR consultant for the safety of the transport of goods and hazardous waste by road. loading, filling or unloading.
In the current regulatory state, the obligation to appoint the ADR consultant has also been extended to all shippers.
The ADR 2023 has set the deadline for the appointment of the ADR consultant at 31.12.2022.
Who are the shippers?
Companies that ship dangerous goods on their own account or on behalf of third parties are identified as shippers.
Where transport is carried out on the basis of a contract of carriage, the consignor under this contract shall be deemed to be the consignor.
No exemption from the obligation to appoint an ADR consultant for shippers
For the time being, the Italian competent authority has not provided for exemptions from the appointment requirement for companies whose shipments concern quantities that do not exceed the limits defined in Section 1.1.3.6 (exemptions for quantities transported per “partial exemption” transport unit) or in Chapters 3.3 (special provisions applicable to certain materials or articles), 3.4 (provisions for goods/waste exempted for limited quantities) or 3.5 (provisions for limited quantity exemptions) for goods/waste exempt from exempt quantities) or that occasionally ship goods or hazardous waste with a minimum degree of hazard or risk of pollution in full ADR regime in the national area.
What to do?
The owner or legal representative of the company shipping hazardous goods or waste by road must therefore formally appoint the safety consultant by 31.12.2022, even if it is his or her person.
The legal representative of a company who has the obligation to appoint the ADR consultant and does not fulfill this obligation is punishable up to 36,000 euros (Legislative Decree 35/2010).
The appointment constitutes an official act and, therefore, must be in writing, even if the consultant is an employee of the company or the owner himself, and be communicated within fifteen days, by the head of the company, to the Civil Motorization of the Province in which the company is based. When a company has its registered office in a province other than the one in which the operational headquarters are located, the communication must be made to the UMC in whose district the operational headquarters are located. In the event that the company has more than one operational office, the head of the company must send a communication for each operational office, even if located in the same Province, to the CMU competent for the territory. The consultant can be the same for all the company’s operating offices.
To receive a correct assessment of your company’s ADR obligations, send your request by filling out the following form.
We remind you that, for obliged companies, the appointment of the ADR consultant must be made by 31/12/2022.
