Transport of dangerous goods: the TMD decree tightens the rules

The Ministry for Ecological Transition, Biodiversity, and International Negotiations on Climate and Nature has published in the Official Journal of the French Republic a decree dated September 3, 2026, amending the decree of May 29, 2009, relating to the transport of dangerous goods by land, known as the “TMD decree.” The text, appearing in JORF No. 0209 of September 8, 2026, under NOR TECP2619161A, reforms the classification and packaging of hazardous waste from waste collection centers and tightens the security rules applicable to carriers.

The 2009 TMD decree transposes into French law the European agreement concerning the international carriage of dangerous goods by road (ADR). The new text updates Annex I and Annex IV (Appendix IV.11) of this decree, specifically clarifying the conditions for exemption, transport prohibitions, and packaging obligations for waste collected from waste collection centers and municipal technical centers.

Waste from collection centers: a simplified classification

Appendix IV.11 has been profoundly overhauled. Waste from collection centers classified as dangerous goods within the meaning of the ADR is now transported according to specific provisions, which also apply to waste collected from municipal technical centers during public road collection. The title of paragraph 1.2 becomes “Simplified classification of waste.”

Classification by assimilation is extended to several categories of waste, with dedicated UN numbers:

• flammable liquids of class 3 (UN No. 1993);
• flammable solids of class 4.1 (UN No. 3175);
• oxidizing substances of class 5.1 (UN No. 1479 and 3139);
• toxic substances of class 6.1 (UN No. 2811 and 2810);
• acidic and basic corrosive substances of class 8 (UN No. 3264, 3260, 3266, 3262);
• environmentally hazardous substances of class 9 (UN No. 3077 and 3082).

Certain wastes remain excluded from this simplified regime and follow the general provisions of the ADR, notably lithium piles and batteries, aerosols, paints under special provision 650, materials contaminated by unbound asbestos, and uncleaned discarded packaging.

Common conditioning and packaging

The text establishes new conditioning rules for collected packaging. Identified waste from table 1.2.2 may be transported in packaging of type 4H2V, 4H2, 1H2, 1H2V, or 1A2, large packaging of type 50H, flexible IBCs of type 13H3, or cardboard boxes of type 4GV, all of which must satisfy at least the testing level of packing group II.

For unidentified waste from Table 1.2.3, stricter requirements apply: packaging of less than 10 liters must be placed in inner packaging meeting packing group I, while those of 10 liters and more must be placed in suitable packaging, large packaging, or cardboard boxes, with a maximum capacity of 650 liters for large packaging.

Common packaging is now regulated: it is forbidden to group waste from different classes, as well as acids and bases from Class 8, within the same outer packaging. Conversely, liquid and solid waste of the same hazard class may be packed together, subject to compliance with ADR provisions.

Transport Prohibitions and Enhanced Security

Article 3 of the decree tightens transport conditions. Packages of dangerous goods are only permitted in the cases of exemptions provided for in paragraphs 1.1.3.4 and 1.1.3.6 of the ADR, with capped quantities. The transport of high-risk dangerous goods for which the figure “0” appears in the column relating to packages in Table 1.10.3.1.2 of the ADR is prohibited.

Loading and unloading operations are also regulated: the driver must delimit and mark the intervention zone to keep any unauthorized persons away, and the materials concerned may no longer be subject to prior deposition in a public location. Regarding security, the word “safety” is replaced by “security,” and two new offenses are added: the absence of a certified escort agent on board and failure to comply with the prohibition on transporting dangerous goods in a public passenger transport vehicle.

Scope for Carriers and Local Authorities

This decree, published in JORF No. 0209 of September 8, 2026, under NOR TECP2619161A, has a direct impact on hazardous waste carriers and local authorities managing waste collection centers and municipal technical centers. By clarifying classification by assimilation and specifying the rules for conditioning and common packaging, it aims to secure the hazardous waste collection chain while strengthening transport security. Operators will need to adapt their packaging and loading procedures to comply with the new requirements.

Source: Decree of September 3, 2026, amending the decree of May 29, 2009, relating to the transport of dangerous goods by land (known as the “TMD decree”), NOR TECP2619161A, published in the Official Journal of the French Republic No. 0209 of September 8, 2026.