PROTOCOLAMENDING ARTICLE 1 (a), ARTICLE 14 (1) AND ARTICLE 14 (3) (b) OF THE EUROPEAN AGREEMENT OF 30 SEPTEMBER 1957 CONCERNING THE INTERNATIONAL CARRIAGE OF DANGEROUS GOODS BY ROAD (ADR)("Off. Herald of RS - Treaties", No. 4/2016) |
THE PARTIES TO THE PRESENT PROTOCOL,
HAVING CONSIDERED the provisions of the European Agreement concerning the International Carriage of Dangerous Goods by Road (ADR), done at Geneva on 30 September 1957 (hereafter referred to as "the Agreement"), relating to the definition of the term "vehicle" in Article 1 (a) and the procedure for the amendment of the annexes to the Agreement, notably the provision of Article 14 (1) of the Agreement;
NOTING in respect of the procedure for amendment of the Annexes that the Contracting Parties to the Agreement have been experiencing difficulties in implementing, within the time limits provided for by Article 14 (3) of the Agreement, those internal measures that are required for the purpose of putting the amendments into effect;
NOTING FURTHER the views of the Working Party on the Transport of Dangerous Goods of the Inland Transport Committee of the United Nations Economic Commission for Europe and the proposals from the Governments of Austria and France to amend the Agreement;
AGREE as follows:
Article 1
Amendment to Article 1 (a) of the Agreement
Article 1 (a) of the Agreement shall be amended to read as follows:
"(a) The term "vehicle" shall mean any motor vehicle, other than a vehicle belonging to or under the orders of the armed forces of a Contracting Party, intended for use on the road, being complete or incomplete, having at least four wheels and a maximum design speed exceeding 25 km/h, and its trailers, with the exception of vehicles which run on rails and of agricultural and forestry tractors and all mobile machinery."
Article 2
Amendment to Article 14 (1) of the Agreement
Article 14, paragraph (1) of the Agreement shall be amended to read as follows:
"1. Independently of the revision procedure provided for in Article 13, any Contracting Party may propose one or more amendments to the Annexes to this Agreement. To that end it shall transmit the text thereof to the Secretary-General of the United Nations. The Secretary-General may also propose amendments to the Annexes to this Agreement for the purpose of ensuring concordance between those Annexes and other international agreements concerning the carriage of dangerous goods.
In addition, he may propose amendments to the Annexes to this Agreement which have been adopted by the Working Party on the Transport of Dangerous Goods of the Inland Transport Committee of the United Nations Economic Commission for Europe, at the request of the Working Party".
Article 3
Amendment to Article 14 (3) of the Agreement
Article 14, paragraph (3) (b) of the Agreement shall be amended to read as follows:
"b) The Contracting Party or, as may be the case, the Secretary-General, submitting the proposed amendment in accordance with paragraph 1 of this article may specify in the proposal, for the purpose of entry into force of the amendment, should it be accepted, a period of more than three months duration."
Article 4
Signature, ratification, acceptance, approval or accession
1. The Contracting Parties to the Agreement may become Contracting Parties to this Protocol:
(a) By signing it;
(b) By depositing an instrument of ratification, acceptance or approval following signature subject to ratification, acceptance or approval;
(c) By depositing an instrument of accession.
2. This Protocol shall be open for signature at the Office of the Executive Secretary of the Economic Commission for Europe, Geneva, from 28 October 1993 to 31 January 1994.
Article 5
Instruments of ratification, acceptance, approval or accession shall be deposited with the Secretary-General of the United Nations.
Article 6
This Protocol shall enter into force one month after the date on which all the Contracting Parties to the Agreement have signed it without reservation of ratification, acceptance or approval or have deposited their instruments of ratification, acceptance, approval or accession as the case may be.
Article 7
Any State which becomes a Party to the Agreement after the conditions of the entry into force of this Protocol according to Article 6 have been met shall be considered as a Contracting Party to the Agreement as amended by the Protocol.
Article 8
The original of this Protocol of which the English and French texts are equally authentic shall be deposited with the Secretary-General of the United Nations.