STATEMENT OF COMPATIBILITY OF · PDF file3. Aneks 18 (Siguran prevoz opasnih materija u vazdušnom saobraćaju) Konvencije o međunarodnom civilnom vazduhoplovstvu, kao i

STATEMENT OF COMPATIBILITY OF DRAFT/PROPOSAL OF MONTENEGRIN LEGISLATION WITH THE EU ACQUIS

Statement identification number MUP-IU/PZ/13/23

1. Draft/Proposal of regulation

- In Montenegrin Predlog zakona o prevozu opasnih materija

- In English Proposal for the Law on Transport of Dangerous Goods

2. Information on the regulation drafter

a) State authority drafting the regulation

State authority Ministry of the Interior

- Sector/department Department for Emergency Situations

- Responsible person (name, last name, telephone, e-mail)

Director General, Mirsad Mulic, 020 481 801 [email protected] [email protected]

- Contact person (name, last name, telephone, e-mail)

Sreten Nedic, 020 481 807 [email protected] [email protected]

b) Legal person with public authorisation to draft and implement the regulation

- Legal person /

- Responsible person (name, last name, telephone, e-mail)

/

- Contact person (name, last name, telephone, e-mail)

/

3. State authority implementing/enforcing the regulation

- State authority Ministry of the Interior, Ministry of Transport and Maritime Affairs, Ministry of Education, Ministry of Sustainable Development and Tourism, Civil Aviation Agency, Agency for Environmental Protection

4. Harmonisation of the draft/proposal of regulation with the provisions of the Stabilisation and Association Agreement between the European Union and its Member States, of the one part, and the Republic of Montenegro, of the other part (hereinafter SAA)

a) Provisions of the SAA the regulation is being harmonised with

Title IV, Free Movement of Goods, Article 18 of the SAA

b) The level of fulfilment of commitments arising from the aforementioned provisions of the SAA

fully fulfils

partly fulfils

does not fulfil

c) Reasons for partial fulfilment or failure to fulfil the commitments arising from the aforementioned provisions of the SAA

/

5. Connection of the draft/proposal of regulation with the National Programme for Integration of Montenegro into the EU (hereinafter NPI), that is the National Programme for Association of Montenegro with the EU (hereinafter NPA)

- NPI/NPA for the period /

- Chapter, subchapter /

- Deadline for adoption of the regulation

/

- Note /

6. Harmonisation of the draft/proposal of regulation with the EU acquis

a) Harmonisation with the primary sources of the EU law

UFEU, Dio treći, Politike i unutrašnje mjere Unije, Glava II, Slobodno kretanje roba, član 28 i 29 / TFEU, Part Three, Union Policies and Internal Actions, Title II, Free Movement of Goods, Articles 28 and 29; Potpuno usklađeno/Fully harmonised

mailto:[email protected]




b) Harmonisation with the secondary sources of the EU law

31995L0050 Direktiva Savjeta 95/50/EZ od 6. oktobra 1995. o jedinstvenim postupcima kontrole prevoza opasnih materija na putu / Council Directive 95/50/EC of 6 October 1995 on uniform procedures for checks on the transport of dangerous goods by road (OJ L 249, 17.10.1995) Djelimično usklađeno/Partly harmonised 32004L0112 Direktiva Komisije 2004/112/EZ od 13. decembra 2004. kojom se Direktiva Savjeta 95/50/EZ o jedinstvenim postupcima provjere prevoza opasnih materija na putu prilagođava tehničkom napretku / Commission Directive 2004/112/EC of 13 December 2004 adapting to technical progress Council Directive 95/50/EC on uniform procedures for checks on the transport of dangerous goods by road (OJ L 367, 14.12.2004) Djelimično usklađeno/Partly harmonised 32008L0068 Direktiva Evropskog parlamenta i Savjeta 2008/68/EZ od 24. septembra 2008. o unutrašnjem prevozu opasnih materija / Directive 2008/68/EC of the European Parliament and of the Council of 24 September 2008 on the inland transport of dangerous goods (OJ L 260, 30.09.2008) Potpuno usklađeno/Fully harmonised 31993L0015 Direktiva Savjeta 93/15/EEZ od 5. aprila 1993. o usklađivanju propisa o plasiranju na tržište i kontroli eksploziva u civilnoj upotrebi / Council Directive 93/15/EEC of 5 April 1993 on the harmonisation of the provisions relating to the placing on the market and supervision of explosives for civil uses (OJ L 121, 15.05.1993) Djelimično usklađeno/Partly harmonised

c) Harmonisation with other sources of the EU law

There is no source of the EU law of this kind with which the proposal of regulation could be compared in order to determine the degree of its harmonisation.

6.1. Reasons for partial harmonisation or failure to harmonise draft/proposal of Montenegrin legislation with the EU acquis and the envisaged timeframe for achieving the full harmonisation

Proposal for the Law on Transport of Dangerous Goods is partly harmonised with Directive 31995L0050 in the part relating to the detailed content and form of checklist, the content and form of the checklist related to roadside control carried out, infringements established by risk categories (Annex II) and form of the annual report on implementation of checks for the previous year (Annex III). Full harmonisation will be achieved by adoption of secondary legislation by the end of II quarter of 2014 and by amendments to the Law, by the end of IV quarter of 2016. Proposal for the Law on Transport of Dangerous Goods is not harmonised with Directive 31995L0050 in the part relating to lack of a definition in the meaning of term ‘control’, as well as the lack of a national authority for the control of transport of dangerous goods. Full harmonisation will be achieved by amendments to the Law, by the end of IV quarter of 2016. Proposal for the Law on Transport of Dangerous Goods is partly harmonised with Directive 32004L0112 in the part relating to the detailed content and form of checklist, infringements established by risk categories (Annex II) and form of the annual report on implementation of checks for the previous year (Annex III). Full harmonisation will be achieved by adoption of secondary legislation by the end of II quarter of 2014 and by amendments to the Law, by the end of IV quarter of 2016. Proposal for the Law on Transport of Dangerous Goods is partly harmonised with Directive 31993L0015 in the part relating to the control regime at EU's internal borders and respect of the principle of proportionality, non-discrimination and prohibition of restriction of trade between Member States in the implementation of additional measures related to transport of dangerous goods with the aim of

protection of human life and health, property and environment. Full harmonisation will be achieved by amendments to the Law, by the end of IV quarter of 2016.

7. Please note if there are no relevant EU regulations to provide the harmonisation with

/

8. Please note legal acts of the Council of Europe and other sources of international law used in the preparation of draft/proposal of regulation

1. Evropski sporazum o međunarodnom drumskom prevozu opasnih materija (ADR sporazum) sa njegovim sastavnim djelovima, prilozima A i B.

2. Konvencija o međunarodnim željezničkim prevozima - Pravilnik o međunarodnom prevozu opasnih materija željeznicom - RID (COTIF).

3. Aneks 18 (Siguran prevoz opasnih materija u vazdušnom saobraćaju) Konvencije o međunarodnom civilnom vazduhoplovstvu, kao i Tehničkim instrukcijama za siguran prevoz opasnih materija u vazdušnom saobraćaju (ICAO Doc. 9284 AN/905), uključujući dodatke, izmjene i korekcije.

1. European Agreement concerning the International Carriage of Dangerous Goods by Road - ADR, with its integral parts, Annexes A and B. 2. Convention concerning International Carriage by Rail - Regulations concerning the International Carriage of dangerous Goods by Rail - RID (COTIF). 3. Annex 18 to the Convention on International Civil Aviation - the Safe Transport of Dangerous Goods by Air, Technical Instructions for the Safe Transport of Dangerous Goods by Air.

9. Please note whether the mentioned sources of the EU, Council of Europe and other international law are translated into Montenegrin language (translation to be provided in the annex)

The aforementioned sources of the EU law are translated into Croatian.

10. Please note whether the draft/proposal of regulation from item 1 hereof is translated into English language (translation to be provided in the annex)

Proposal for the Law on Transport of Dangerous Goods is not translated into English.

11. Participation of consultants in preparation of draft/proposal of regulation and their opinion on harmonisation

Consultants did not participate in preparation of the Proposal for the Law on Transport of Dangerous Goods.

Signature / Authorised person within the regulation drafter

Signature / Minister of Foreign Affairs and European Integration

Date:

Date:

Annexes to the form:

1. Translation of the EU regulations in electronic form 2. English version of the draft/proposal of regulation (if any)

TABLE OF CONFORMITY

1. Identification number (IN) of draft/proposal of regulation 1.1. Compatibility Statement identification number and the date of the establishment of the draft/proposal of regulation at the Government

MUP-TU/PZ/13/23 MUP-IU/PZ/13/23

2. Source of the EU law and CELEX number

Directive 95/50/EC on uniform procedures for checks on the transport of dangerous goods by road - 31995L0050 Directive 2001/26/EC amending Council Directive 95/50/EC on uniform procedures for checks on the transport of dangerous goods by road - 32004L0112 Directive 2008/68/EC on the inland transport of dangerous goods - 32008L0068 Directive 93/15/EC on the harmonisation of the provisions relating to the placing on the market and supervision of explosives for civil uses - 31993L0015

3. Draft/proposal of regulation of Montenegro

In Montenegrin In English

Predlog zakona o prevozu opasnih materija Proposal for the Law on Transport of Dangerous Goods

4. Harmonisation of the draft/proposal of regulation with the sources of the EU law

a) b) c) d) e)

Provision and text of the provision of sources of the EU law (Article, paragraph, item)

Provision and text of the provision of draft/proposal of Montenegrin

regulation (Article, paragraph, item)

Harmonisation of the

provision of draft/

proposal of Montenegrin

regulation with the

provision of sources of the

EU law

Reason for partial

harmonisation or non-

harmonisation

Timeframe for

achieving the full

harmonisation

Directive 95/50/EC

Article 1 1. This Directive shall apply to checks carried out by Member States on the transport of dangerous goods by road in vehicles travelling in their territory or entering it from a third country. It shall not apply to transport of dangerous goods by vehicles belonging to or under the responsibility of the armed forces. 2. This Directive shall not, however, affect the Member States' right, with due regard to Community law, to carry out checks on the national and international transport of dangerous goods within their territories performed by vehicles not covered by this Directive.

Roadside check Article 77, paragraph 2

At the request of the competent inspector, the driver shall be obliged to provide access to documents and enable check of the vehicle and additional equipment, check of dangerous goods and taking the required sample quantity of dangerous goods for analysis, if

Fully harmonised

necessary.

Exemption Article 2, paragraph 1, item 2

The provisions of this Law shall not apply to transport of dangerous goods: 2) by means of transport of the Army of Montenegro, as well as the military forces of other countries and organisations which, in accordance with special international agreements, use the transport infrastructure in Montenegro.

Article 2 For the purposes of this Directive: - ‘vehicle’ shall mean any motor vehicle intended for use on the road, whether complete or incomplete, which has at least four wheels and a maximum design speed exceeding 25 km/h, together with its trailers, with the exception of vehicles which run on rails, of agricultural and forestry tractors and of all mobile machinery, - ‘transport’ shall mean any road transport operation performed by a vehicle wholly or partly on public roads within the territory of a Member State, including the loading and unloading of goods covered by Directive 94/55/EC, without prejudice to the arrangements laid down by the laws of the Member States concerning liability in respect of such operations, - ‘undertaking’ shall mean any natural or legal person, whether or not profit-seeking, any association or group of persons without legal personality, whether or not profit-seeking, and any body coming under a public authority, whether itself possessing legal personality or dependent on an authority having such personality, which carry, load or unload dangerous goods or cause them to be carried and those which temporarily store, collect, package or take delivery of such goods as part of a transport operation and are located in the territory of the Community,

Meaning of terms Article 5, paragraph 1

3) vehicle shall mean any motor vehicle intended for use on the road, which has at least four wheels and a maximum design speed exceeding 25 km/h, together with its trailers, with the exception of vehicles which run on rails, of agricultural and forestry tractors and of all mobile machinery whose speed does not exceed 40 km/h;

Article 1, paragraph 2 Transport of dangerous goods, within the meaning of this law, shall also include loading and unloading of dangerous goods, transfer to or from another mode of transport, as well as stop caused by incident or traffic accident.

Meaning of terms Article 5

Fully harmonised

6) consignor shall mean a company, other legal person or entrepreneur which submits dangerous goods for transport; 7) transporter shall mean a company, other legal person or entrepreneur which transports dangerous goods; 8) organiser of transport of dangerous goods (shipper) shall mean a company, other legal person or entrepreneur which organises transport or performs other activities related to transport of dangerous goods; 9) consignee shall mean a company, other legal person or entrepreneur which takes over dangerous goods;

Article 2 For the purposes of this Directive: - ‘dangerous goods’ shall mean dangerous goods defined as such in Directive 94/55/EC,

Fully harmonised

Definition of dangerous goods can be found in ADR Agreement and RID Regulations. Montenegro has fully taken over the provisions of ADR Agreement and RID Regulations

- ‘check’ shall mean any check, control, inspection, verification or formality carried out by the competent authorities for reasons of safety inherent in the transport of dangerous good.

There is no appropriate provision Not harmonised

Full harmonisation will be achieved by amendments to this Law

IV quarter of 2016

Article 3 1. The Member States shall ensure that a representative proportion of consignments of dangerous goods transported by road is subject to the checks laid down by this Directive, in order to check their compliance with the laws on the transport of dangerous goods by road. 2. Such checks shall be carried out in the territory of a Member State in accordance with Article 3 of Regulation (EEC) No. 4060/89 and Article 1 of Regulation (EEC) No. 3912/92.

Roadside check Article 77

Check of transport of dangerous goods shall be carried out by competent inspection authorities with the assistance of a police officer. At the request of the competent inspector, the driver shall be obliged to provide access to documents and enable check of the vehicle and additional equipment, check of dangerous goods and taking the required sample quantity of dangerous goods for analysis, if necessary. Fee for taken sample quantities referred to in paragraph 2 of this Article may not be required. The inspector who carries out the check shall, upon completion of check, give a copy of the checklist to the driver. On the occasion of re-check, at the request of the inspector, the driver shall be obliged to show a copy of the checklist. Driver of the vehicle for transport of dangerous goods shall be obliged to enable the check of the vehicle on-site or at an

Partly harmonised

Full harmonisation will be achieved by adoption of secondary legislation relating to content and form of the checklist related to roadside control carried out

II quarter of 2014

appropriate place designated by the inspector. The appropriate place for the check of the vehicle within the meaning of paragraph 6 of this Article shall be the place where the vehicle can be stopped, that is parked without disturbing other road users, and where the established deficiencies can be eliminated. The content and form of the checklist referred to in paragraph 4 of this Article shall be prescribed by the Ministry.

Article 4 1. In order to carry out the checks provided for in this Directive, the Member States shall use the checklist in Annex I. A copy of this checklist or a certificate showing the result of the check drawn up by the authority which carried it out shall be given to the driver of the vehicle and presented on request in order to simplify or avoid, where possible, subsequent checks. This paragraph shall not prejudice Member States' right to carry out specific measures for detailed checks. 2. The checks shall be random and shall as far as possible cover an extensive portion of the road network. 3. The places chosen for these checks must permit infringing vehicles to be brought into compliance or, if the authority carrying out the check deems it appropriate to be immobilised on-the-spot or at a place designated for that purpose by the said authority without causing a safety hazard. 4. Where appropriate and provided that this does not constitute a safety hazard, samples of the goods transported may be taken for examination by laboratories recognised by the competent authority. 5. Checks shall not exceed a reasonable length of time.


Check of transport of dangerous goods shall be carried out by competent inspection authorities with the assistance of a police officer. At the request of the competent inspector, the driver shall be obliged to provide access to documents and enable check of the vehicle and additional equipment, check of dangerous goods and taking the required sample quantity of dangerous goods for analysis, if necessary. Fee for taken sample quantities referred to in paragraph 2 of this Article may not be required. The inspector who carries out the check shall, upon completion of

Partly harmonised

Full harmonisation will be achieved by adoption of secondary legislation relating to the content and form of the checklist related to roadside control carried out

II quarter of 2014

check, give a copy of the checklist to the driver. On the occasion of re-check, at the request of the inspector, the driver shall be obliged to show a copy of the checklist. Driver of the vehicle for transport of dangerous goods shall be obliged to enable the check of the vehicle on-site or at an appropriate place designated by the inspector. The appropriate place for the check of the vehicle within the meaning of paragraph 6 of this Article shall be the place where the vehicle can be stopped, that is parked without disturbing other road users, and where the established deficiencies can be eliminated. The content and form of the checklist referred to in paragraph 4 of this Article shall be prescribed by the Ministry.

Article 5 Without prejudice to other penalties which may be imposed, vehicles in respect of which one or more infringements of the rules on the transport of dangerous goods, in particular infringements listed in Annex II, are established may be immobilised either on-the-spot or at a place designated for this purpose by the authorities carrying out the check and required to be brought into conformity before continuing their journey or may be subject to other appropriate measures, depending on the circumstances or the requirements of safety including, where appropriate, refusal to allow such vehicles to enter the Community.

Temporary prohibition, that is interruption of transport

Article 78 If irregularities classified by risk categories established by international agreements are established by check in road transport, the competent inspector may temporarily prohibit further transport of dangerous goods, order measures for elimination of

Partly harmonised


IV quarter of 2016

irregularities, that is take other measures in accordance with the law governing the inspection control. The measures referred to in paragraph 1 of this Article may be applied, that is the irregularities may be eliminated at the place where the check has been carried out, if this does not endanger the lives and health of people, environment or material goods, that is traffic safety. If the competent inspector has temporarily prohibited further transport of dangerous goods, the vehicle may be moved only in accordance with his instructions. In the event that the driver of the vehicle transporting dangerous goods refuses to act in the manner described in paragraphs 1 and 3 of this Article, the competent inspector may immobilise the vehicle and at the expense of the transporter retain it at the place where it does not endanger the traffic, life and health of people, environment or material goods, that is traffic safety. If the vehicle is damaged in a traffic accident, the police officer who carries out the investigation, may cancel the certificate of approval for the vehicle transporting dangerous goods, issue a certificate on cancellation of

the certificate and notify the Ministry thereof.

Article 6 1. Checks may also be carried out at the premises of undertakings, as a preventive measure or where infringements which jeopardise safety in the transport of dangerous goods have been recorded at the roadside. 2. The purpose of such checks shall be to ensure that safety conditions for the transport of dangerous goods by road comply with the relevant laws. Where one or more infringements, in particular those listed in Annex II, have been established in respect of the transport of dangerous goods by road, the transport in question shall be brought into conformity before the goods leave the undertaking or shall be subject to other appropriate measures.

Checks at consignor, transporter, that is consignee

Article 79 Preventively or when deficiencies have been established during the check of transport of dangerous goods in road transport, the competent inspector may carry out the check at the consignor, transporter or consignee of dangerous goods, that is at companies, other legal persons or entrepreneurs or natural persons conducting business activity related to transport of dangerous goods. Companies, other legal persons or entrepreneurs shall be obliged to enable check of the vehicle for the inspector as well as to provide access to documents relating to transport of dangerous goods. Established irregularities and deficiencies referred to in paragraphs 1 and 2 of this Article must be eliminated before the vehicle leaves the place where the check has been carried out.

Partly harmonised


IV quarter of 2016

Article 7 1. Member States shall assist one another in order to give proper effect to this Directive. Serious or repeated infringements jeopardising the safety of the transport of dangerous goods committed by a non-resident vehicle or undertaking must be reported to the competent authorities in the Member State in which the vehicle is registered or in which the undertaking is established.

There is no appropriate provision Not harmonised


IV quarter of 2016

The competent authorities of the Member State in which serious or repeated infringements have been recorded may ask the competent authorities of the Member State in which the vehicle is registered or in which the undertaking is established for appropriate measures to be taken with regard to the offender or offenders. The latter competent authorities shall notify the competent authorities of the Member State in which the infringements were recorded of any measures taken with regard to the transporter or the undertaking.

Article 8 If the findings of a roadside check on a vehicle registered in another Member State give grounds for believing that serious or repeated infringements have been committed which cannot be detected in the course of that check in the absence of the necessary data, the competent authorities of the Member States concerned shall assist one another in order to clarify the situation. Where, to that end, the competent Member State carries out a check in the undertaking, the other Member States concerned shall be notified of the results.

Article 9 1. Each Member State shall send the Commission for each calendar year not later than twelve months after the end of that year a report, drawn up in accordance with the model in Annex III, on the application of this Directive, including the following particulars: - if possible, determined or estimated volume of dangerous goods transported by road (in tonnes transported or in tonnes/kilometres) - number of checks carried out - number of vehicles checked by place of registration (vehicles registered nationally, in other Member States or in third countries) - number and types of infringements committed - type and number of penalties imposed. 2. The Commission shall send the European Parliament and the Council, for the first time in 1999 and subsequently at least every three years, a report on the application of this Directive by the Member States, stating the particulars in accordance with paragraph 1 above.

Annual report Article 81

State authority competent for transport and maritime affairs, state authority competent for environmental protection affairs, state authority competent for inspection affairs and Civil Aviation Agency shall be obliged to submit to the Ministry the annual report on implementation of checks referred to in Article 74 of this Law, for the previous year, not later than the end of February of the current year. The annual report referred to in paragraph 1 of this Article shall contain: 1) if possible, determined or estimated volume of dangerous

Partly harmonised

Full harmonisation will be achieved by secondary legislation relating to the form of annual report

II quarter of 2014

goods transported; 2) number of checks carried out; 3) number of vehicles checked, classified by countries of registration; 4) number and types of infringements committed due to irregularities by risk categories referred to in Article 78, paragraph 1 of this Law; 5) number and types of penalties imposed. The Ministry shall, on the basis of the data collected, prepare a summary annual report, which shall submit to international authorities competent for control of transport of dangerous goods, in accordance with international agreements. The form of the annual report referred to in paragraph 1 of this Article shall be prescribed by the

Ministry.

Articles 10-12 There is no appropriate provision Not transposable

Annex I-III amending Directive 32004L0112

Directive 2004/112/EC

Article 1 Directive 95/50/EC shall be amended as follows: Annexes I, II and III shall be replaced by Annexes I, II and III to this Directive.

There is no appropriate provision Not transposable

Articles 2-4 Not transposable

ANNEX I CHECKLIST 1. Place of check


Check of transport of dangerous

Partly

harmonised

Full harmonisation will be

II quarter of 2014

2. Date 3. Time 4. Vehicle nationality mark and registration number 5. Trailer/semi-trailer nationality mark and registration number 6. Undertaking carrying out transport/address 7. Driver/driver’s assistant 8. Consignor, address, place of loading 1 2 1 To be filled only if relevant for an infringement. 2 To be stated under 'remarks' for groupage transport operations. 3 Check of visible violations. 9. Consignee, address, place of unloading 1 2 10. Total quantity of dangerous goods per transport unit 11. ADR 1.1.3.6 quantity limit exceeded yes no 12. Mode of transport in bulk package Documents on board

13. Transport document inspected infringement established not applicable

14. Instructions in writing inspected infringement established not applicable 15. Bilateral/multilateral agreement/ inspected infringement established not applicable state licence 16. Certificate of approval for vehicles inspected infringement established not applicable 17. Driver's training certificate inspected infringement established not applicable Transport operation

18. Goods authorised for transport inspected infringement established not applicable 19. Vehicles authorised for goods carried inspected infringement established not applicable 20. Provisions related to the mode of transport inspected infringement established not applicable (bulk, package, tank) 21. Mixed loading prohibition inspected infringement established not applicable 22. Loading, securing of the load and handling inspected infringement established not applicable 23. Leakage of goods or damage to package inspected infringement established not applicable 24. UN packaging marking/tank marking 2 3 inspected infringement

goods shall be carried out by competent inspection authorities with the assistance of a police officer. At the request of the competent inspector, the driver shall be obliged to provide access to documents and enable check of the vehicle and additional equipment, check of dangerous goods and taking the required sample quantity of dangerous goods for analysis, if necessary. Fee for taken sample quantities referred to in paragraph 2 of this Article may not be required. The inspector who carries out the check shall, upon completion of check, give a copy of the checklist to the driver. On the occasion of re-check, at the request of the inspector, the driver shall be obliged to show a copy of the checklist. Driver of the vehicle for transport of dangerous goods shall be obliged to enable the check of the vehicle on-site or at an appropriate place designated by the inspector. The appropriate place for the check of the vehicle within the meaning of paragraph 6 of this Article shall be the place where the vehicle can be stopped, that is parked without disturbing other road users, and where the

achieved by adoption of secondary legislation relating to the content and form of the checklist related to roadside control carried out

established not applicable (ADR 6) 25. Package marking (e.g. UN) and labelling 2 inspected infringement established not applicable (ADR 5.2) 26. Tank/vehicle placarding (ADR 5.3.1) inspected infringement established not applicable 27. Vehicle/transport unit marking (orange plate, elev. temp.) (ADR 5.3.2-3) Equipment on board 28. General purpose safety equipment specified in ADR inspected infringement established not applicable 29. Equipment according to the goods carried inspected infringement established not applicable 30. Other equipment specified in the instructions in writing inspected infringement established not applicable 31. Fire extinguisher(s) inspected infringement established not applicable 39. The most serious risk category of established infringements, if any inspected infringement established not applicable 40. Remarks …………………………………………………………………………………………………… 41. Authority/officer having carried out the inspection ………………………………………………………

established deficiencies can be eliminated. The content and form of the checklist referred to in paragraph 4 of this Article shall be prescribed by the Ministry.

ANNEX II INFRINGEMENTS For the purposes of this Directive, the following non-exhaustive list, classified into three risk categories (Category I being the most serious), gives a guideline on what is to be regarded as infringement. The determination of the appropriate risk category must take account of the particular circumstances and be left to the discretion of the enforcing body/officer at the roadside.

Temporary prohibition, that is

interruption of transport Article 78, paragraphs 1 and 2

If irregularities classified by risk categories established by international agreements are established by check in road

Partly harmonised


IV quarter of 2016

Failures that are not listed under the risk categories shall be classified according to the descriptions of the categories. In the event there are several infringements per transport unit, only the most serious risk category (as indicated under item 39 in Annex I to this Directive) shall be applied for reporting purposes (Annex III to this Directive). 1. Risk Category I Where failure to comply with relevant ADR provisions creates a high-level risk of death, serious personal injury or significant damage to the environment such failures would normally lead to taking immediate and appropriate corrective measures such as immobilisation of the vehicle. Failures are: 1. The dangerous goods being carried are prohibited for transport 2. Leakage of dangerous substances 3. Carriage by a prohibited mode or an inappropriate means of transport 4. Carriage in bulk in a container which is not structurally serviceable 5. Carriage in a vehicle without an appropriate certificate of approval 6. Vehicle no longer complies with the approval standards and presents an immediate danger (otherwise it goes in risk category II) 7. Non-approved packaging is used 8. Packaging does not conform to the applicable packing instruction 9. The special provisions for mixed packing have not been complied with 10. The rules governing the securing and stowage of the load have not been complied with 11. The rules governing mixed loading of packages have not been complied with 12. The permissible degrees of filling of tanks or packages have not been complied with 13. The provisions limiting the quantities carried in one transport unit have not been complied with 14. Carriage of dangerous goods without any indication of their presence (e.g. documents, marking and labelling on the packages, placarding and marking on the vehicle) 15. Carriage without any placarding and marking on the vehicle 16. Information relevant to the substance being carried enabling determination of a risk category I offence is missing (e.g. UN number, proper shipping name, packing group)

transport, the competent inspector may temporarily prohibit further transport of dangerous goods, order measures for elimination of irregularities, that is take other measures in accordance with the law governing the inspection control. The measures referred to in paragraph 1 of this Article may be applied, that is the irregularities may be eliminated at the place where the check has been carried out, if this does not endanger the lives and health of people, environment or material goods, that is traffic safety. VII PENALTY PROVISIONS

Articles 82 and 83

17. Driver does not hold a valid vocational training certificate 18. Fire or an unprotected light is being used 19. The ban on smoking is not being observed 2. Risk Category II Where failure to comply with relevant ADR provisions creates a risk of personal injury or damage to the environment such failures would normally lead to taking appropriate corrective measures such as requiring rectification at the site of control if possible and appropriate, but at the completion of the current transport movement at the latest. Failures are: 1. The transport unit comprises more than one trailer/semi-trailer 2. Vehicle no longer complies with the approval standards but does not present an immediate danger 3. The vehicle is not carrying operational fire extinguishers as required; a fire extinguisher can still be deemed operational if only the prescribed seal and/or the expiry date are missing; however, this does not apply if the fire extinguisher is visibly no longer operational, e.g. pressure gauge at 0. 4. The vehicle does not carry the equipment required in the ADR or in the instructions in writing 5. Test and inspection dates and use periods of packaging, IBCs or large packaging have not been complied with 6. Packages with damaged packaging, IBCs or large packaging or damaged uncleaned empty packaging are being carried 7. Carriage of packaged goods in a container which is not structurally serviceable 8. Tanks/tank containers (including ones that are empty and uncleaned) have not been closed properly 9. Carriage of a combination packaging with an outer packaging which is not closed properly 10. Incorrect labelling, marking or placarding. 11. There are no instructions in writing conforming to the ADR, or the instructions in writing are not relevant to the goods carried 12. The vehicle is not properly supervised or parked. 3. Risk Category III Where failure to comply with relevant provisions result in a low level of risk of personal injury or damage to the environment and where appropriate corrective measures do not need to be taken at the roadside but can be

addressed at a later date at the undertaking. Failures are: 1. The size of placards or labels or the size of letters, figures or symbols on placards or labels does not comply with the regulations 2. Information in the transport documentation other than that in risk category I/(16) is not available. 3. The training certificate is not on board the vehicle but there is evidence that the driver holds it.

ANNEX III MODEL STANDARD FORM FOR THE REPORT TO BE SENT TO THE

COMMISSION CONCERNING INFRINGEMENTS AND PENALTIES

PLACE OF REGISTRATION Total number

Country of check

Other EU Member States

Third countries

Number of transport units checked on the basis of the contents of the load (and ADR)

Number of transport units not conforming to ADR

Number of transport units immobilised

Number of infringements noted, according to risk category

Risk category I

Risk category II

Risk category III

Number of penalties imposed, according to penalty type

Caution Fine Other

Article 81, paragraphs 2, 3 and 4 The annual report referred to in paragraph 1 of this Article shall contain: 1) if possible, determined or estimated volume of dangerous goods transported; 2) number of checks carried out; 3) number of vehicles checked, classified by countries of registration; 4) number and types of infringements committed due to irregularities by risk categories referred to in Article 78, paragraph 1 of this Law; 5) number and types of penalties imposed. The Ministry shall, on the basis of the data collected, prepare a summary annual report, which shall submit to international authorities competent for control of transport of dangerous goods, in accordance with international agreements. The form of the annual report referred to in paragraph 1 of this

Partly

harmonised

Full harmonisation will be achieved by adoption of secondary legislation relating to the annual report

II quarter of 2014

CHECKS ON THE TRANSPORT OF DANGEROUS GOODS BY ROAD

Estimated total quantity of dangerous goods transported by road

………………….t or ………. t.km

Article shall be prescribed by the Ministry.

Directive 2008/68/EC

Article 1 Scope

1. This Directive shall apply to the transport of dangerous goods by road, by rail or by inland waterway within or between Member States, including the activities of loading and unloading, the transfer to or from another mode of transport and the stops necessitated by the circumstances of the transport. It shall not apply to transport of dangerous goods: (a) by vehicles, wagons or vessels belonging to or under the responsibility of the armed forces; (b) by seagoing vessels on maritime waterways forming part of inland waterways; (c) by ferries only crossing an inland waterway or harbour; or; (d) wholly performed within the perimeter of an enclosed area. 2. Annex II, Section II.1, shall not apply to Member States that do not have a railway system, for as long as no such system is established within their territory. 3. Within one year of the entry into force of this Directive, Member States may decide not to apply Annex III, Section III.1, for one of the following

Subject Article 1

Transport of dangerous goods by road, by rail, maritime and air transport shall be carried out in accordance with this Law and ratified international agreements governing the transport of dangerous goods (hereinafter referred to as ‘the international agreement‘). Transport of dangerous goods, within the meaning of this law, shall also include loading and unloading of dangerous goods, transfer to or from another mode of transport, as well as stop caused by incident or traffic accident.

Fully harmonised

There are no inland waterways in Montenegro

reasons: (a) they have no inland waterways; (b) their inland waterways are not linked, by inland waterway, to the waterways of other Member States; or (c) no dangerous goods are transported on their inland waterways. If a Member State decides not to apply the provisions of Annex III, Section III.1, it shall notify that decision to the Commission, which shall inform the other Member States. 4. Member States may lay down specific safety requirements for the national and international transport of dangerous goods within their territory as regards: (a) the transport of dangerous goods by vehicles, wagons or inland waterway vessels not covered by this Directive; (b) where justified, the use of prescribed routes including the use of prescribed modes of transport; (c) special rules for the transport of dangerous goods in passenger trains. They shall inform the Commission of such provisions and their justifications. The Commission shall inform the other Member States accordingly. 5. Member States may regulate or prohibit, strictly for reasons other than safety during transport, the transport of dangerous goods within their territory.

Exemption Article 2

The provisions of this Law shall not apply to transport of dangerous goods: 1) carried out by a company, other legal person or entrepreneur for their business activities in a technical-technological whole (the factory grounds and the like); 2) by means of transport of the Army of Montenegro, as well as the military forces of other countries and organisations which, in accordance with special international agreements, use the transport infrastructure in Montenegro.

Approval for transport of explosives

Article 43, paragraph 3 Approval referred to in paragraph 1 of this Article may also include special conditions if it is necessary for protection of human life and health, property and environment.

Approval for transport of poisonous substances Article 45, paragraph 3

Approval referred to in paragraph 1 of this Article may also include special conditions if it is necessary for protection of human life and health, property and environment.

Approval for transport of radioactive material

Article 47, paragraph 3 Approval referred to in paragraph 1 of this Article may also include special conditions if it is necessary for protection of human life and health, property and environment.

Article 56, paragraph 4 Routes and places to stop and park vehicles referred to in paragraph 2 of this Article, as well as special safety measures for transport of dangerous goods through tunnels shall be prescribed by the state authority competent for transport affairs, with the consent of the Ministry.

Article 2

Definitions For the purposes of this Directive: 1. ‘ADR’ shall mean the European Agreement concerning the International Carriage of Dangerous Goods by Road, concluded at Geneva on 30 September 1957, as amended; 2. ‘RID’ shall mean the Regulations concerning the International Carriage of Dangerous Goods by Rail, appearing as Appendix C to the Convention concerning International Carriage by Rail (COTIF) concluded at Vilnius on 3 June 1999, as amended; 3. ‘ADN’ shall mean the European Agreement concerning the International Carriage of Dangerous Goods by Inland Waterways, concluded at Geneva on 26 May 2000, as amended; 4. ‘vehicle’ shall mean any motor vehicle intended for use on the road, having at least four wheels and a maximum design speed exceeding 25 km/h, and any trailer, with the exception of vehicles which run on rails, mobile machinery and agricultural and forestry tractors that do not travel at a speed exceeding 40 km/h when transporting dangerous goods;

Article 29, paragraph 2 Education and training of candidates referred to in paragraph 1 of this Article shall be carried out according to the programme which, depending on the type of transport, must be in accordance with the European Agreement concerning the International Carriage of Dangerous Goods by Road (hereinafter referred to as ‘ADR Agreement‘), that is the Convention concerning the International Carriage of Dangerous Goods by Rail (COTIF), Appendix C – Regulations concerning the International Carriage of Dangerous Goods by Rail (hereinafter referred to as ‘RID Regulations‘).

Meaning of terms

Fully harmonised

ADN and vessel are not mentioned in the Law since there are no inland waterways in Montenegro

5. ‘wagon’ shall mean any rail vehicle without its own means of propulsion that runs on its own wheels on railway tracks and is used for the carriage of goods; 6. ‘vessel’ shall mean any inland waterway or seagoing vessel.

Article 5, paragraph 1 3) vehicle shall mean any motor vehicle intended for use on the road, which has at least four wheels and a maximum design speed exceeding 25 km/h, together with its trailers, with the exception of vehicles which run on rails, of agricultural and forestry tractors and of all mobile machinery whose speed does not exceed 40 km/h; 5) wagon shall mean any rail vehicle without its own means of propulsion that runs on its own wheels on railway tracks and is used for the carriage of goods;

Article 3 General provisions

1. Without prejudice to Article 6, dangerous goods shall not be transported in so far as this is prohibited by Annex I, Section I.1, Annex II, Section II.1, or Annex III, Section III.1. 2. Without prejudice to the general rules on market access or the rules generally applicable to the transport of goods, the transport of dangerous goods shall be authorised, subject to compliance with the conditions laid down in Annex I, Section I.1, Annex II, Section II.1, and Annex III, Section III.1.

Obligations of the consignor Article 11

The consignor may submit dangerous goods for transport, if: 1) transport of the dangerous goods is not prohibited;

Fully harmonised

Montenegro has fully taken

over the provisions of ADR and RID, while ADN is

not taken over since

Montenegro has no inland

waterways

Article 4

Third countries The transport of dangerous goods between Member States and third countries shall be authorised in so far as it complies with the requirements of the ADR, RID or ADN, unless otherwise indicated in the Annexes.

Application of safety measures Article 52

In addition to safety measures prescribed by this Law, other safety measures established by the ADR Agreement shall also be applied during the transport of dangerous goods by road.

Application of safety measures Article 63

Fully harmonised

Montenegro has fully taken over the provisions of ADR Agreement and RID Regulations, while ADN is

In addition to safety measures prescribed by this Law, safety measures prescribed by the regulations governing railway safety and railway interoperability, as well as other safety measures established by the RID Regulations shall also be applied during the transport of dangerous goods by rail.

not taken over since Montenegro has no inland waterways

Article 5 Restrictions on grounds of transport safety 1. Member States may on grounds of transport safety apply more stringent provisions, with the exception of construction requirements, concerning the national transport of dangerous goods by vehicles, wagons and inland waterway vessels registered or put into circulation within their territory. 2. If, in the event of an accident or incident within its territory, a Member State considers that the safety provisions applicable have been found to be insufficient to limit the hazards involved in transport operations and if there is an urgent need to take action, that Member State shall, at the planning stage, notify the Commission of the measures which it proposes to take. Acting in accordance with the procedure referred to in Article 9(2), the Commission shall decide whether to authorise the implementation of the measures in question and the duration of that authorisation.

Dangerous goods which require approval

Article 42 Article 42 Transport of explosives, poisonous substances and radioactive material by road and by rail may be carried out only if the approval for this transport has been issued in accordance with law.

Fully harmonised

Article 6 Derogations

1. Member States may authorise the use of languages other than those provided for in the Annexes for transport operations performed within their territories. 2. (a) Provided that safety is not compromised, Member States may request derogations from Annex I, Section I.1, Annex II, Section II.1, and Annex III, Section III.1, for the transport within their territories of small quantities of certain dangerous goods, with the exception of substances having a medium or high level of radioactivity, provided that the conditions for such transport are no more stringent than the conditions set out in those Annexes.

Fully harmonised

Montenegro has fully taken over the provisions of ADR Agreement and RID Regulations, while ADN is not taken over since Montenegro

(b) Provided that safety is not compromised, Member States may also request derogations from Annex I, Section I.1, Annex II, Section II.1, and Annex III, Section III.1, for the transport of dangerous goods within their territory in the case of: i. local transport over short distances; or ii. local transport by rail on particular designated routes, forming part of a defined industrial process and being closely controlled under clearly specified conditions. The Commission shall examine in each case whether the conditions laid down in subparagraphs (a) and (b) have been met and shall decide, in accordance with the procedure referred to in Article 9(2), whether to authorise the derogation and to add it to the list of national derogations set out in Annex I, Section I.3, Annex II, Section II.3, or Annex III, Section III.3. 3. Derogations under paragraph 2 shall be valid for a period not exceeding six years from the date of authorisation, such period to be fixed in the authorisation decision. As regards the existing derogations set out in Annex I, Section I.3, Annex II, Section II.3, and Annex III, Section III.3, the date of authorisation shall be deemed to be 30 June 2009. Unless indicated otherwise, derogations shall be valid for a period of six years. Derogations shall be applied without discrimination. 4. If a Member State requests the extension of an authorisation for a derogation, the Commission shall review the derogation in question. If no amendment to Annex I, Section I.1, Annex II, Section II.1, or Annex III, Section III.1, affecting the subject matter of the derogation has been adopted, the Commission, acting in accordance with the procedure referred to in Article 9(2), shall renew the authorisation for a further period not exceeding six years from the date of authorisation, such period to be fixed in the authorisation decision. If an amendment to Annex I, Section I.1, Annex II, Section II.1, or Annex III, Section III.1, affecting the subject matter of the derogation has been adopted, the Commission, acting in accordance with the procedure referred to in Article 9(2), may: (a) declare the derogation obsolete and remove it from the relevant Annex; (b) limit the scope of the authorisation and amend the relevant Annex accordingly; (c) renew the authorisation for a further period not exceeding six years from the date of authorisation, such period to be fixed in the authorisation

has no inland waterways The option is not used since this Law does not envisage derogations from ADR Agreement and RID Regulations

decision. 5. Every Member State may, exceptionally and provided that safety is not compromised, issue individual authorisations to carry out transport operations of dangerous goods within its territory which are prohibited by this Directive or to carry out such operations under conditions different from those laid down in this Directive, provided that those transport operations are clearly defined and limited in time.

Article 7 Transitional provisions

1. Within their respective territories, Member States may maintain the provisions listed in Annex I, Section I.2, Annex II, Section II.2, and Annex III, Section III.2. Member States which maintain such provisions shall inform the Commission thereof. The Commission shall inform the other Member States. 2. Without prejudice to Article 1(3), Member States may choose not to apply the provisions of Annex III, Section III.1, until, at the latest, 30 June 2011. In such a case, the Member State concerned shall, in respect of inland waterways, continue to apply the provisions of Directives 96/35/EC and 2000/18/EC applicable on 30 June 2009.

Articles 8-9 There is no appropriate provision Not

transposable

Article 10 Transposition

1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 30 June 2009 at the latest. They shall forthwith inform the Commission thereof. When Member States adopt those measures, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States. 2. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.

There is no appropriate provision Not applicable


ANNEX I There is no appropriate provision Not

TRANSPORT BY ROAD transposable

ANNEX II TRANSPORT BY RAIL


ANNEX III TRANSPORT BY INLAND WATERWAY


Directive 93/15/EC

Article 1 1. This Directive shall apply to explosives as defined in paragraph 2. 2. 'Explosives' shall mean the materials and articles considered to be such in the United Nations recommendations on the transport of dangerous goods and falling within Class 1 of those recommendations. 3. This Directive shall not apply to: - explosives, including ammunition, intended for use, in accordance with national law, by the armed forces or the police, - pyrotechnical articles, - ammunition, except as provided in Articles 10, 11, 12, 13, 17, 18 and 19. 4. For the purposes of this Directive: — 'United Nations recommendations' shall mean the recommendations laid down by the United Nations Committee of Experts on the Transport of Dangerous Goods, as published in the UN (Orange Book) and as amended by the date when this Directive is adopted, — 'safety' shall mean the prevention of accidents and, where prevention fails, the containment of their effects, — 'security' shall mean the prevention of use contrary to law and order, — 'dealer' shall mean any natural or legal person whose occupation consists wholly or partly in the manufacture, trade, exchange, hiring out, repair or conversion of fire arms and ammunition, — 'approval' shall mean the decision taken to allow envisaged transfers of explosives within the Community, — 'undertaking in the explosives sector' shall mean any natural or legal person possessing a licence or authorisation which entitles him to engage in the manufacture, storage, use, transfer or trade in explosives, — 'placing on the market' shall mean any first disposal against payment or free of charge of explosives covered by this Directive with a view to their distribution and/or use on the Community market, — 'transfer' shall mean any physical movement of explosives within

Approval for transport of explosives Article 43

Approval for transport of explosives shall be issued by the Ministry. Approval referred to in paragraph 1 of this Article shall contain: 1) information on the manufacturer, consignor, transporter and consignee; 2) UN number and classification code, information on the total quantity of explosives per transport unit (gross weight/net weight) and packaging method; 3) information on the transport vehicle (type of transport vehicle, registration number, etc.); 4) name of the entry, that is exit border crossing; 5) place of loading and unloading; 6) route (itinerary); 7) date and time of beginning of transport; 8) number of the certificate of approval for the vehicle transporting the explosives; 9) name, last name and unique master citizen number of

Fully harmonised

Paragraphs 1, 2, 3, paragraph 4, items 1-3 and 5-7 and paragraph 5 of Directive 31993L0015 are subject of regulation of the Law on Explosive Substances. Definition of transport is taken over from Directive 31995L0050

Community territory apart from movements within one and the same site. 5. This Directive shall not prevent Member States from designating certain substances not covered by this Directive as explosives under national law or regulations.

the driver and front passenger; 10) number of the vocational training certificate for the driver and front passenger for transport of explosives. Approval referred to in paragraph 1 of this Article may also include special conditions if it is necessary for protection of human life and health, property and environment.

Articles 2-8 The matter is subject of regulation of the Law on Explosive Substances

Article 9 1. Explosives covered by this Directive may be transferred only in

accordance with the following paragraphs.


2. Controls performed pursuant to Community law or national law in the event of transfers of the explosives governed by this Article shall no longer be performed as internal frontier controls but solely as part of the normal control procedures applied in a non-discriminatory fashion throughout the

territory of the Community.


Check of transport of dangerous goods shall be carried out by competent inspection authorities with the assistance of a police officer. At the request of the competent inspector, the driver shall be obliged to provide access to documents and enable check of the vehicle and additional equipment, check of dangerous goods and taking the required sample quantity of dangerous goods for analysis, if necessary. Fee for taken sample quantities referred to in paragraph 2 of this

Partly harmonised


IV quarter of 2016

Article may not be required. The inspector who carries out the check shall, upon completion of check, give a copy of the checklist to the driver. On the occasion of re-check, at the request of the inspector, the driver shall be obliged to show a copy of the checklist. Driver of the vehicle for transport of dangerous goods shall be obliged to enable the check of the vehicle on-site or at an appropriate place designated by the inspector. The appropriate place for the check of the vehicle within the meaning of paragraph 6 of this Article shall be the place where the vehicle can be stopped, that is parked without disturbing other road users, and where the established deficiencies can be eliminated. The content and form of the checklist referred to in paragraph 4 of this Article shall be prescribed by the Ministry.

3. Approval to transfer explosives shall be obtained by the consignee from the recipient competent authority. The competent authority shall verify that the consignee is legally authorised to acquire explosives and that he is in possession of the necessary licences or authorisations. The person responsible for the transfer must notify the competent authorities of the transit Member State or Member States of movements of explosives through this or these States, whose approval shall be required. 4. Where a Member State considers that there is a problem regarding the verification of the entitlement to acquire explosives referred to in

Dangerous goods which require approval Article 42

Transport of explosives, poisonous substances and radioactive material by road and by rail may be carried out only if the approval for this transport has been issued in accordance with law.

Fully harmonised

paragraph 3, that Member State shall forward the available information on the subject to the Commission which will put the matter before the

Committee provided for in Article 13 without delay. 5. Where the recipient competent authority approves a transfer, it shall issue to the consignee a document which includes all the information referred to in paragraph 7. Such a document must accompany the explosives

until they arrive at their stated destination. It must be produced at the request of the relevant competent authorities. A copy of this document shall be retained by the consignee who shall present it for examination by the recipient competent authority, at the latter's

request. 7. Where transfers of explosives must be specially supervised in order to comply with special security requirements in the territory or part of the territory of a Member State, prior to the transfer the following information

shall be provided by the consignee to the recipient competent authority: - the names and addresses of the operators concerned; this information must be detailed enough to enable the operators to be contacted and confirmation to be obtained that the persons in question are legally entitled

to receive the consignment, - the number and quantity of the explosives being transferred, - a full description of the explosive in question and of the means of

identification, including the United Nations identification number, - where the explosives are to be placed on the market, information on

compliance with conditions for placing on the market, - the means of transfer and the itinerary, - the expected dates of departure and arrival, - where necessary, the precise points of entry to and exit from Member

States. Recipient competent authorities shall examine the conditions under which the transfer may take place, with particular regard to the special security requirements. If the special security requirements are satisfied, approval for the transfer shall be granted. In the event of transit through the territory of other Member States, those States shall likewise examine and approve, in

Approval for transport of explosives Article 43

Approval for transport of explosives shall be issued by the Ministry. Approval referred to in paragraph 1 of this Article shall contain: 1) information on the manufacturer, consignor, transporter and consignee; 2) UN number and classification code, information on the total quantity of explosives per transport unit (gross weight/net weight) and packaging method; 3) information on the transport vehicle (type of transport vehicle, registration number, etc.); 4) name of the entry, that is exit border crossing; 5) place of loading and unloading; 6) route (itinerary); 7) date and time of beginning of transport; 8) number of the certificate of approval for the vehicle transporting the explosives; 9) name, last name and unique master citizen number of the driver and front passenger; 10) number of the vocational training certificate for the driver and front passenger for transport

the same conditions, the particulars concerning the transfer. 9. No supplier may transfer explosives unless the consignee has obtained the necessary authorisations for the transfer in accordance with the provisions of paragraphs 3, 5, 6 and 7.

of explosives. Approval referred to in paragraph 1 of this Article may also include special conditions if it is necessary for protection of human life and health, property and environment.

Content of the request for transport of explosives

Article 44 The request for approval for transport of explosives shall be submitted by the consignor, transporter, organiser of transport of dangerous goods (shipper) or consignee of explosives. The request referred to in paragraph 1 of this Article shall contain: 1) information on the manufacturer, consignor, transporter and consignee; 2) UN number and classification code, information on the total quantity of explosives per transport unit (gross weight/net weight) and packaging method; 3) information on the transport vehicle (type of transport vehicle, registration number, etc.); 4) name of the entry, that is exit border crossing; 5) place of loading and unloading; 6) route (itinerary); 7) date and time of beginning of transport. Along with the request referred to

in paragraph 2 of this Article, the applicant shall submit the following documents: 1) import, that is export licence (end user certificate); 2) approval for procurement issued in accordance with the law governing explosives; 3) certificate of approval for the vehicle transporting explosives; 4) approval of the competent authority of the neighbouring country, if the transport is carried out outside of Montenegro; 5) document and instructions referred to in Article 12 of this Law; 6) vocational training certificate for the driver and front passenger for transport of explosives; 7) evidence on insurance of explosives in case of damage caused to third parties. The Ministry may, when necessary, with the aim of protection of human life and health, property and environment, request additional information from the applicant related to transport of dangerous goods.

Notification on transport Article 51

The holder of the approval for the transport of dangerous goods shall be obliged, at least 24 hours prior to beginning of transport, to inform the Ministry or state authority competent for police affairs at the

border crossing through which the dangerous goods are transported, and when it comes to transport of radioactive material, also the state authority competent for inspection affairs.

6. Where the competent authority of a Member State considers that special security requirements such as those referred to in paragraph 5 are unnecessary, explosives can be transferred on their territory or part thereof without prior provision of information within the meaning of paragraph 7. The recipient competent authority shall then grant an approval for a fixed period and liable to suspension or withdrawal at any time on the basis of a reasoned justification. The document referred to in paragraph 5, which must accompany the explosives until they arrive at their destination, shall

refer solely to the aforementioned approval. Without prejudice to the normal checks which the Member State of departure shall carry out in its territory, at the request of the competent authorities concerned, the consignees and the operators concerned in the explosives sector shall forward to the authorities of the Member State of departure and to those of the Member State of transit all relevant

information they possess concerning the transfer of explosives.

There is no appropriate provision The option is not used

Article 10 1. Ammunition may be transferred from one Member State to another only in accordance with the procedure laid down in the following paragraphs. These provisions shall also apply to transfers of ammunition under mail-order sales. 2. Where ammunition is to be transferred to another Member State the person concerned shall, before any dispatch, communicate to the Member State in which that ammunition is located: - the names and addresses of the person selling or transferring the ammunition, of the person purchasing or acquiring the ammunition and, where appropriate, of the owner, - the address to which the ammunition is to be consigned or transported, - the quantity of ammunition to be consigned or transported, - data making it possible to identify the ammunition and also an indication that the ammunition has undergone a check in accordance with the Convention of 1 July 1967 on the Reciprocal Recognition of Proofmarks on

There is no appropriate provision The matter is subject of regulation of other regulation

Small Arms, - the means of transfer, - the date of departure and the estimated date of arrival. The information referred to in the last two indents need not be supplied in the event of a transfer between dealers. The Member State shall examine the conditions under which the transfer is to be carried out, in particular with regard to security. Where the Member State authorises such a transfer it shall issue a licence incorporating all the particulars referred to in the first subparagraph. That licence shall accompany the ammunition until it reaches its destination; it shall be produced whenever so required by the competent authorities of the Member States. 3. Each Member State may grant dealers the right to effect transfers of ammunition from its territory to a dealer established in another Member State without the prior authorisation referred to in paragraph 2. To that end it shall issue an authorisation valid for three years which may at any time be suspended or cancelled by reasoned decision. A document referring to that authorisation must accompany the ammunition until it reaches its destination. It must be produced whenever so required by the competent authorities of the Member States. Before effecting the transfer, the dealer shall communicate to the authorities of the Member State from which the transfer is to be effected all the particulars listed in the first subparagraph of paragraph 2. 4. Each Member State shall supply the other Member States with a list of the ammunition the transfer of which to its territory may be authorised without its prior consent. Such lists of ammunition shall be communicated to dealers who have obtained approval for transferring ammunition without prior authorisation under the procedure laid down in paragraph 3. 5. Each Member State shall communicate all useful information at its disposal concerning definitive transfers of ammunition to the Member State, to the territory of which such a transfer has been effected. All information that Member States receive by way of the procedures laid down in this Article shall be communicated, not later than the time of the relevant transfers, to the Member States of destination and, where appropriate, not later than the time of transfer to the Member States of transit.

Article 11 Content of the request for Partly Full IV quarter

By derogation from Article 9 (3), (5), (6) and (7), and from Article 10, a Member State, in case of grave threats to, or attacks upon, public security through the illicit possession or use of explosives or ammunition covered by the Directive, may take all necessary measures concerning transfers of explosives or ammunition in order to prevent such illicit possession or use. These measures shall respect the principle of proportionality. They must constitute neither a means of arbitrary discrimination nor a veiled restriction in trade between Member States. Each Member State which adopts such measures shall notify the Commission of them forthwith; the Commission shall inform the other Member States thereof.

transport of explosives Article 44, paragraph 4

The Ministry may, when necessary, with the aim of protection of human life and health, property and environment, request additional information from the applicant related to transport of dangerous goods.

harmonised harmonisation will be achieved by amendments to this Law

of 2016

Article 12 1. Member States shall set up information exchange networks for the

implementation of Articles 9 and 10. They shall notify the other Member

States and the Commission of the national authorities responsible for

forwarding or receiving information and for applying the procedures

referred to in the said Articles 9 and 10.

2. For the purpose of implementing this Directive, the provisions of Regulation (EEC) No 1468/81, in particular those relating to confidentiality, shall apply mutatis mutandis.

There is no appropriate provision Not applicable

Article 13 1. The Commission shall be assisted by a committee composed of the representatives of the Member States and chaired by the representative of the Commission. The committee shall examine any matter concerning the application of this Directive raised by its chairman either on his own initiative or at the request of a representative of a Member State. 2. The representative of the Commission shall submit to the committee a draft of the measures to be taken. The committee shall deliver its opinion on the draft within a time limit which the chairman may lay down according to the urgency of the matter. The opinion shall be delivered by the majority laid down in Article 148 (2) of the Treaty in the case of decisions which the Council is required to adopt on a proposal from the Commission. The votes of the representatives of the Member States within the committee shall be weighted in the manner set out in that Article. The chairman shall not vote.


The Commission shall adopt measures which shall apply immediately. However, if these measures are not in accordance with the opinion of the committee, they shall be communicated by the Commission to the Council forthwith. In that event the Commission shall defer application of the measures which it has decided for three months from the date of communication. The Council, acting by a qualified majority, may take a different decision within the period referred to in the second subparagraph. 3. The procedure laid down in paragraph 2 shall be followed in particular to take account of any future amendments to the United Nations recommendations.

Articles 14-16 The matter is subject of

regulation of the Law on Explosive

Substances

Article 17 Each Member State shall determine the penalties to be applied for infringement of the provisions adopted in implementation of this Directive. The penalties shall be sufficient to promote compliance with those provisions.

VII PENALTY PROVISIONS Articles 82 and 83

Fully harmonised

Article 18 Each Member State shall adopt, in the context of its national law, the necessary measures to enable the competent authorities to seize any product coming within the scope of this Directive if there is sufficient evidence that product will be illicitly acquired, used or dealt in.

The matter is subject of

regulation of the Law on Explosive

Substances


Annexes I-IV There is no appropriate provision The matter is subject of

regulation of the Law on

Explosive Substances