§234 危険物輸送指令2008/68/EC及び98/91/EC（ADR）

In order to avoid possible overlapping with Directive 2008/68/EC and Directive 98/91/EC on Transport of Dangerous Goods, most means of transport have been excluded from the scope of Directive 2014/34/EU (Article 1(2)(f)). Generally, those vehicles still included in Directive 2014/34/EU do not leave the user's premises. Typical examples are means of transport on rails used in "gassy" mines, forklift trucks and other mobile machinery where the internal combustion engine, braking systems and electrical circuits may be potential sources of ignition.

It is possible for both Directives to be applied in parallel. For example, where the manufacturer designs and constructs a means of transportation intended for transporting dangerous (in this case flammable) goods on public roads as well as for use in areas where explosive atmospheres may exist.

The criteria for application of Directive 2014/34/EU are that the vehicle would need to:

be defined as an equipment, a protective system or safety device according to Article 1(1) of the Directive;

have its own potential source of ignition;

be intended for use in a potentially explosive atmosphere (unless it is a safety device as defined under Article 1(1)(b) of Directive 2014/34/EU).

In order to determine under which intended conditions both Directives will apply the exclusion at Article 1(2)(f) of Directive 2014/34/EU needs to be considered.

This exclusion explicitly determines that "means of transport" except those "intended for use in a potentially explosive atmosphere shall not be excluded".

The definition of "means of transport" is given further detail at Article 2 of Directive 98/91/EC and, in broad terms, is interpreted to be an activity on a public highway or space including unloading and loading operations.

The ATEX Committee therefore considered that, as described in the Commission guidance, a vehicle under the scope of Directive 98/91/EC might also be covered by the ATEX Directive 2014/34/EU.

Where such a vehicle is intended for use in a potentially explosive atmosphere both Directives will apply. However, this does not include where such environments are likely to occur solely as a result of loading and unloading operations as described in 98/91/EC. An example of this is a road tanker transporting petrol when the loading/unloading site is such that it is not initially considered to have a potentially explosive atmosphere because of its location with respect to the storage facility. As noted above, if this environment becomes potentially explosive because of the loading/unloading operation, only the requirements of Directive 98/91/EC need be applied.

In addition, it was agreed that the conformity assessment and technical requirements of 2008/68/EC as further defined by 98/91/EC may not fully align with those required for compliance to Directive 2014/34/EU.

In this context the question arose whether manufacturers of internal monitoring or other devices attached to or inside a vehicle such as a petrol tanker have to apply the ATEX Directive 2014/34/EU and to affix CE marking. The following has been concluded:

1. Based on Article 75 of the EC Treaty (currently Article 95 of the Treaty on the Functioning of the European Union (TFEU)) and transposing the ADR, Directive 2008/68/EC fully harmonises rules for the safe transport of dangerous goods by road.

2. Additionally, based on Article 95 of the EC Treaty (currently Article 114 TFEU), Directive 98/91/EC provides for full harmonisation regarding technical requirements for the following categories of vehicles intended for the transport of dangerous goods by road as follows:

Category N: Motor vehicles having at least four wheels when the maximum weight exceeds 3.75 metric tons, or having three wheels when the maximum weight exceeds 1 metric ton, and used for the carriage of goods.

Category O: Trailers (including semi-trailers).

According to Article 4, if the requirements of the Annexes of this Directive are fulfilled for the completed vehicle, Member States may not refuse to grant EU-type approval or to grant national-type approval, or prohibit the registration, sale or entry into service of those vehicles on grounds relating to the transport of dangerous goods.

3. Directive 98/91/EC contains, by reference to Directive 2008/68/EC, requirements covering both electrical (e.g. wiring, batteries) and non-electrical equipment (e.g. heat protection of engine, combustion heaters) of vehicles designed for the carriage of dangerous goods, which may contribute towards the formation of explosive atmospheres.

4. Provided that: - Such vehicles are not intended for use in a potentially explosive atmosphere other than that caused temporarily by loading or unloading.

The goods, which shall be transported, are substances and articles as defined in Article 2 of Directive 2008/68/EC.

The exemptions of Annex A, paragraph 1.1.3, of Directive 2008/68/EC and the ADR agreement are not pertinent.

Under these circumstances the exclusion at Article 1(2)(f) of Directive 2014/34/EU applies to the WHOLE of the vehicle including ALL associated equipment necessary for the carriage of dangerous goods (e.g. "breather valves" of manhole covers, vehicle tracking systems).

In all other cases, the ATEX Directive 2014/34/EU may apply.

Note 1: At some sites tankers may have to access a zone (e.g. zone 1). In this case users responsible for that site may demand the supplier to use tankers with ATEX compliant products.

Note 2: Even if the vehicle or parts of it are intended to be permanently used in a potentially explosive atmosphere, devices like "breather valves" of manhole covers normally would not fall within the scope of Directive 2014/34/EU. Normally these devices have no own ignition source, are no safety devices in the sense of ATEX and are normally not provided with a protective system, such as a flame arrester.