The present situation in the matter of regulation of the transport by highway of dangerous merchandize is the following;
- The Terrestrial International in the scope of the Mercosur exists normative on the Transport whose dispositions entered use in 1994 (Agreement for the facilitation of the Transport of Dangerous Merchandize in the Mercosur).
- In the national scope the Decree Nº 17,723 of the 04 of Julio of 1997 is effective, by who the use in the Republic of Paraguay is authorized, in the Agreement of Partial Reach, for the facilitation of the Transport of Dangerous Merchandize”, protocolised within the framework of the Treaty of Montevideo of year 1980. (to see here)
- The Resolution of the Council of the DINATRAN counterpart Nº 12 that Resolution 923/2000 of the M.O.P.C. (to see here)
Effective agreement in the Mercosur.
The transport of dangerous merchandize in the scope of the Mercosur is regulated by the denominated Agreement for the Facilitation of the Transport of Dangerous Merchandize in the Mercosur. This Agreement is based essentially on the Recommendations prepared by the Committee of Experts of the United Nations on transport of dangerous merchandize, those that also form the base of other international regulations in the matter of marine and aerial transport.
The dispositions in the referred Agreement have been incorporated to the national regulations of the majority of the States Parts reason why the requirements in the national and international transports have reached an important level of homogenization.
The effective Agreement in the scope of the Mercosur is made up of four parts; The Agreement proper; Annex I of functional norms; Annex II of practical standardses and a Annex III, that is on the way to internalización of each one of the States Parts, containing the regime of infractions and sanctions.
The dispositions contained in Annex I have to do with the general conditions of security in the transport, the obligations of the senders and manufacturers of dangerous, carrier, conductive merchandize and in charge authorities. In relation to the conductors, the dispositions with respect to the program of qualification obligatory settle down to be able to drive vehicles of transport by highway of dangerous merchandize.
The dispositions contained in Annex II are tie mainly with the system of classification and numeration of dangerous merchandize, general and particular labelling, packing and norms on the material and the operations of transport.
Annex III - Regime of Infractions and Sanctions, contains five chapters that essentially talk about to the standardization and classification of the infractions and sanctions of the carrier by highway and railroader, as well as of the sender of dangerous merchandize.
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