After the Brexit transition period, which ended on 31 December 2020, many EU policies and directives ended their legal enforceability in the UK.
For example, the ADR regulations, or the European Agreement concerning the International Carriage of Dangerous Goods by Road, lost their enforceability in the UK, such as in the case of cross-services.
UK-based ADR companies are no longer required to provide cross-border services to consumers residing in EU member states.
Nonetheless, many aspects of the ADR regulations will still be followed based on nationally legislated regulations, namely, Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations (CDG) versions of 2009, 2011 and 2019. These are acts of Parliament that will be enforced unless repealed.
In this post:
Key Takeaways
The enforceability of ADR is now purely under national legislation in the UK
There are some ADR policies and directives that are no longer being enforced
Some policies and regulations on transporting dangerous goods have changed
The regulatory authorities changed
UK and ADR regulations have some key differences in terms of classifications and labelling
The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations (CDG) is the UK statutory counterpart of the ADR that still applies after the Brexit transition period
What are ADR Regulations in Europe?
ADR regulations shouldn’t be confused with Alternative Dispute Resolution (also with the acronym ADR) under the EU ADR Directive.
The one we’re talking about in this article is the European Agreement concerning the International Carriage of Dangerous Goods by Road (ADR), a set of regulations signed as a treaty on 30th September 1957.
This treaty was signed by European countries under the guidance of the United Nations Economic Commission for Europe. More than a decade later, on 29th January 1968, it entered into force. It was later amended on 21st August 1975, and came into force on 19th April 1985.
ADR has nine parts divided into two annexes. Annex A (parts 1 to 7) contains the provisions about dangerous articles and substances. Annex B (part 8 and 9) contains the provisions on transport equipment and transport operations.
- Part 1: General provisions
- Part 2: Classification
- Part 3: Dangerous goods list and exceptions
- Part 4: Packing and tank provisions
- Part 5: Consignment procedures
- Part 6: Requirements for construction and testing of packagings/containers
- Part 7: Provisions on the condition of carriage, loading/unloading, and handling
- Part 8: Requirements for vehicle crews, equipment, operations, and documentation
- Part 9: Requirements concerning the construction and approval of vehicles
Key Differences Between UK and EU ADR Regulations
Before Brexit, the UK government through the Department of Transport had the power of derogations from the UK. This meant that the UK government could implement the ADR regulations differently or not at all in certain instances and for certain organisations.
Regulatory Authorities and Framework
ADR regulations do not have a provision for enforcement. The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2009 (CDG Regs) serve as the legal basis in the United Kingdom.
For goods transported by roads in the UK, the following are the regulation authorities that check the requirements and enforce the laws:
- Health and Safety Executive (HSE) (operational strategy and enforcement)
- DVSA (enforcement and compliance)
- Environment Agency (hazardous waste)
- Police
- Scottish Environment Protection Agency (SEPA) (‘special waste’)
Variations in Classification and Labelling
ADR regulations classify and label substances and articles based on their properties.
These include products that have undergone chemical repacking. According to ADR, goods can be classified into nine major categories, some of which have their own subcategories. Specific types of goods are labelled accordingly along with corresponding codes.
There is also a table of precedence based on the health and environmental hazards that they pose. The UK CDG uses almost the same classification of dangerous goods with some minor differences when domestically applied.
| UN Class | Dangerous Goods | Division(s) | Classification |
| 1 | Explosives | 1.1 – 1.6 | Explosive |
| 2 | Gases | 2.1 | Flammable gas |
| 2.2 | Non-flammable, non-toxic gas | ||
| 2.3 | Toxic gas | ||
| 3 | Flammable liquid | Flammable liquid | |
| 4 | Flammable solids | 4.1 | Flammable solid |
| 4.2 | Spontaneously combustible substance | ||
| 4.3 | Substance which in contact with water emits flammable gas | ||
| 5 | Oxidising substances | 5.1 | Oxidising substance |
| 5.2 | Organic peroxide | ||
| 6 | Toxic substances | 6.1 | Toxic substance |
| 6.2 | Infectious substance | ||
| 7 | Radioactive material | Radioactive material | |
| 8 | Corrosive substances | Corrosive substance | |
| 9 | Miscellaneous dangerous goods | Miscellaneous dangerous goods |
How to Comply with ADR in the EU
Before logistics operators or companies can transport dangerous goods within the European Economic Area (EEA) or European Union member countries, they must first secure all the necessary documents required by the destination countries, including export/import documents.
Primarily, the operators must comply with the requirements in Annex B of the ADR Regulations, which include vehicle approval and requirements for crew, documentation, equipment, and operation.
Changes in UK ADR Regulations Post-Brexit
Transporting dangerous goods in the UK is now governed by the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations. The regulations are enforced by various authorities:
- Health and Safety Executive (HSE)
- DVSA (enforcement and compliance)
- Environment Agency (hazardous waste)
- Police
- Scottish Environment Protection Agency (SEPA)
The major change in the regulations is the licensing process. Operators that intend to transport dangerous goods within the UK must now register with the UK government.
CDG regulations have significant changes from the ADR regulations, which included exceptions in terms of threshold bulk sizes, organisations, and types of products.
For example, construction companies that are transporting dangerous goods to and from construction sites are exempted from the regulations. They are not regarded as transporting dangerous goods.
How Businesses Can Adapt to New ADR Rules
Business within or outside the UK that will transport dangerous goods within the UK must become well versed with the currently applicable regulations.
These primarily include the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations (CDG) versions of 2009, 2011, and 2019. It’s vital to secure all the necessary licences and permits.
Conclusion
The regulations on transporting dangerous goods in the UK and in the EU are not radically different in many of its provisions and overall intent. However, the significant differences are in the enforcement authorities and in the registration and licensing processes.
