CHANGES RELATING TO THE TRANSPORT OF DANGEROUS GOODS

The Law on Amendments to the Law on the Transport of Dangerous Goods¹ (the “Law”), which aligns the Serbian legal framework with international regulations and standards governing the transport of dangerous goods (ADR, RID and ADN), as well as with certain national regulations, such as those governing road traffic safety, technical requirements for products and conformity assessment, and inspection supervision, entered into force on 1 May 2026.

Below we outline some of the amendments, with a focus on the provisions governing the transport of dangerous goods by road.

What is changing in the general rules?

A validity period for permits for the one-off transport of explosive substances and articles has now been prescribed – such permits may be issued for a period of up to 30 days for international transport, while, for transport carried out entirely within domestic transport operations, an additional condition applies: prior approval for procurement must have been obtained in accordance with the law governing explosive substances.

As before, an applicant that has been issued a permit for the transport of dangerous goods is required to notify the authority that issued the permit, or the authority designated in the permit, at least 24 hours before the commencement of transport. An additional requirement is that such notification must now also include the details of the driver who will perform the transport.

The procedure for the recognition of a foreign certificate of conformity applies to transportable pressure receptacles that were not manufactured in Serbia. In the case of packaging, it is sufficient for the packaging to bear the appropriate packaging code, while tanks are inspected upon import through a procedure conducted by designated bodies.

Under the new legislative solution, the recognition procedure has been centralized: the Ministry now always issues the recognition decision, including in cases where the equipment already holds a certificate issued in the EU, EEA or Switzerland. Previously, for such equipment, a designated body could directly issue a domestic conformity document on the basis of a foreign certificate. Under the new regime, recognition is always formally conducted in proceedings before the Ministry, which may instruct a designated body to carry out an expert review of the documentation.

In addition, the Ministry has been entrusted with issuing certificates of approval for a type of packaging, transportable pressure receptacle or tank, on the basis of a testing report prepared by an authorized conformity assessment body, while the designated body, after the certificate has been issued, submits the testing report following the first inspection to the Ministry.

The requirement to locate and track vehicles transporting dangerous goods by road has been abolished, as it was considered outdated. In addition, the provisions concerning the recognition of ADR vehicle certificates of approval issued in another country have been deleted, given that such procedure is not implemented in practice. Instead, upon import of a vehicle, domestic authorized bodies carry out inspection and testing, after which they issue a new ADR vehicle certificate of approval.

The Law introduces two new electronic registers, to be maintained by the Ministry. The first is a register of filling stations for transportable pressure equipment, tanks and MEGCs, and the second is a register of safety advisers designated by participants in the transport of dangerous goods.

Additional and expanded obligations of participants in the transport of dangerous goods

A filler is now required to submit to the Ministry the prescribed information on the filling station and the safety adviser. In road transport, fillers must now also mark and label battery-vehicles, in addition to tank-containers, portable tanks and MEGCs, including with the elevated-temperature mark where applicable.

A loader in road transport is now subject to additional obligations relating to administrative and safety checks prior to loading and unloading, as well as to the prohibition on the mixed loading of dangerous substances in the same vehicle or container.

A carrier in road transport has been assigned the additional obligation to ensure that fire extinguishers on the vehicle bear conformity markings and an indication of their expiry date, as well as to affix elevated-temperature marks to the vehicle where required. The obligation to equip the transport unit has also been clarified and now expressly includes: 1) equipment required for the vehicle; 2) personal protective equipment for each member of the vehicle crew; and 3) additional equipment required for specific classes of dangerous goods.

A driver in road transport is now subject to additional obligations relating to the affixing and removal of certain marks and hazard labels on the vehicle. The driver’s obligation to present equipment to an inspector upon request has also been aligned with the carrier’s obligations concerning the equipment of the transport unit.

Some of the most significant amendments concern the provisions on obligations imposed on multiple participants in the transport of dangerous goods. In this regard, both the loader and the unloader are not subject to additional obligations relating, among other things, to the loading, unloading and handling of dangerous goods, compliance with maximum quantity limits per vehicle, and the cleaning of vehicles after unloading. In addition, the loader is also assigned obligations relating, for example, to protection from direct sunlight and heat sources, the carriage of packages, the prohibition of smoking, and taking precautionary measures with respect to foodstuffs, other consumer goods and animal feed². It is also now expressly provided that, in road transport, the driver is deemed to be the representative of a foreign legal entity participating in the transport of dangerous goods, which is of practical importance for the purposes of inspection supervision.

Changes regarding safety advisers

The Law has been aligned with personal data protection regulations, and it is now possible to appoint a safety adviser either from among employees or on the basis of an engagement contract. As before, a participant in the transport of dangerous goods that appoints a safety adviser from among its employees must obtain that employee’s written consent for such engagement, while a new obligation is to submit that same consent to the Ministry.

The obligation to notify the Ministry of a change of safety adviser has been expanded to also cover the termination of the adviser’s engagement, thereby addressing a gap in the previous regime, which did not expressly cover that situation. Accordingly, a participant must now also appoint and notify the Ministry when the adviser’s engagement ends, and failure to do so may result in sanctions.

The right of a safety adviser to terminate the engagement unilaterally has also been regulated, with a notice period that may not be shorter than one month and under obligation to prepare an annual report for the period during which the adviser performed those duties. The adviser notifies the Ministry of the termination and provides evidence that the notice period has expired.

Exclusion of vehicles and drivers from traffic

Under the new rules, an inspector or police officer who, during an inspection, determines irregularities that may endanger the safety of persons, property or the environment, is required to immediately exclude from traffic a vehicle or a driver who does not hold a valid ADR certificate. In such case, the driver is issued a List for Establishing a Regulatory Violation, and the Ministry is notified without delay. In addition, the inspector or police officer may escort the vehicle to a safe parking location and, where necessary – especially in the case of high-consequence dangerous goods – may also order the vehicle to be placed under supervision.

Alignment of penalty provisions

The penalty provisions have been aligned with the new obligations, so that all novelties are accompanied by appropriate sanctions for commercial offences or misdemeanors. At the same time, liability has been more precisely distinguished according to the type of activity involved (filling, loading or unloading), which facilitates its determination in court proceedings.

As regards sole proprietors, the penalty provisions have been reorganized, and their liability for more serious violations has been set out in a separate paragraph, thereby improving the clarity and systematic structure of the regulation.

Deadline for aligning operations

The adoption of several secondary legislation instruments is envisaged within 12 months from the entry into force of the Law. Until their adoption, the existing regulations will continue to apply, provided that they are not contrary to the Law.

Companies, other legal entities and sole proprietors engaged in the transport of dangerous goods are required to align their internal acts with the Law, while manufacturers of packaging, transportable pressure receptacles, tanks and vehicles must align their acts with ADR/RID/ADN, the Law and the secondary legislation within one year from the date of entry into force of the Law, i.e. by 1 May 2027.

Disclaimer: This article is intended for informational purposes only and does not constitute legal advice.