Hazardous Materials and Shipping Restrictions – GASPA MACCHINE
GASPA MACCHINE – Official Policy

Hazardous Materials and Shipping Restrictions

Comprehensive and transparent information regarding hazardous substances present in agricultural and construction machinery sold by GASPA MACCHINE, applicable ADR transport regulations, pre-shipping preparation procedures, and disposal obligations in destination countries.

Last updated: June 12, 2026 Effective date: June 12, 2026 Italy – Shipping to 10 EU/EEA countries Compliant with ADR 2025 and current EU regulations
Section 1 About Us and Scope of Application of This Policy

This Hazardous Materials and Shipping Restrictions Policy is issued by GASPA S.R.L MACCHINE, trading under the brand GASPA MACCHINE, with registered and operational headquarters at Z.I. Predda Niedda Strada 30, 07100 Sassari (SS), Italy, VAT number IT 03006910909, ATECO classification 47.52.40.

GASPA MACCHINE is a dealership specializing in the sale of new and used agricultural and construction machinery, including agricultural tractors, mini-excavators, earthmoving machinery, mechanical loaders, tandem rollers, telehandlers, loaders, and construction site equipment. All products we market are machines equipped with internal combustion engines, hydraulic circuits, electrical systems, and batteries, which by their nature contain substances classified as hazardous by European and international regulations on transport and waste management.

GASPA MACCHINE ships its machines throughout Europe to the following countries:

Italy Austria Finland France Germany Netherlands Poland Romania Spain Switzerland

This policy applies to all buyers who place an order through the website gaspa-macchine.com and is intended to provide transparent and complete information regarding:

  • The hazardous substances present in the machines sold and their treatment during shipping preparation.
  • The ADR 2025 regulation and applicable national legislation in the delivery destinations.
  • Operational shipping restrictions for certain categories of substances or machines.
  • The obligations for receipt, safe handling, and responsible disposal that fall to the recipient of the machine.
  • Consumer rights and the responsibilities of GASPA MACCHINE regarding regulatory compliance.

Please Note: The machines sold by GASPA MACCHINE are not themselves "dangerous goods" in the strict sense of the ADR regulation. The hazardous substances covered by this policy are the fluids, fuels, lubricants, and batteries contained within the machines, necessary for their operation. GASPA MACCHINE adopts all measures provided by current regulations to ensure that these substances are managed safely and in compliance with the law during every phase of shipping.

Section 2 Why Agricultural and Construction Machinery Contain Hazardous Materials

The agricultural and construction machinery we market – including tractors, mini-excavators, telehandlers, tandem rollers, and mechanical loaders – necessarily contain a series of substances that, due to their chemical and physical properties, are classified as hazardous by European regulations on transport (ADR), waste management (Directive 2008/98/EC), and the classification of chemical substances (CLP Regulation No. 1272/2008/EC).

These substances perform essential technical functions for the operation of the internal combustion engines and hydraulic systems present in every machine: they power the internal combustion engines, lubricate mechanical components subject to friction, cool high-temperature thermal systems, operate hydraulic circuits, and provide the electrical energy necessary for starting and electronic control systems. Their presence is intrinsic to the very nature of the industrial machines we sell.

Main categories of hazardous substances present in our machines
  • Flammable liquids (ADR Class 3): the gas oil (diesel fuel) present in the engine tank is classified as a flammable liquid. Its flash point is above 55°C, which places it in Packing Group III, but it remains subject to ADR requirements for quantities exceeding exemption thresholds.
  • Environmentally hazardous substances (ADR Class 9): used mineral oils (waste engine oil, waste hydraulic oil) and certain coolant formulations are classified as hazardous to the aquatic environment under the CLP Regulation. Their release into soil or water is prohibited and punished by the environmental regulations of all countries to which we ship.
  • Corrosive substances (ADR Class 8): the lead-acid batteries contained in the machines contain diluted sulfuric acid as an electrolyte. This liquid is corrosive to biological tissues and many materials. Under improper transport conditions (overturned position, without terminal protection), the battery may present risks of acid leakage and short circuits.
  • Compressed gases (ADR Class 2): in vehicles equipped with air conditioning systems, the hermetic circuits contain gaseous refrigerants (typically HFCs such as R134a). These gases are contained in approved closed systems and do not constitute a risk under normal transport conditions, but remain subject to F-gas regulations (EU Regulation 517/2014).
Why it is important to know this before purchase

Before purchasing a machine from GASPA MACCHINE, it is essential that the customer understands the practical and regulatory implications related to the presence of these substances. In particular, the buyer must be aware of:

  • How GASPA MACCHINE prepares each machine before shipping to ensure compliance with ADR regulations and safety during transport.
  • What obligations for safe handling and responsible disposal fall to the recipient upon receipt of the machine.
  • Which national regulation of the destination country governs the disposal of fluids and hazardous materials drained from the machine.
  • What operational restrictions apply to the shipping of certain types of machines or machines with specific fuel or fluid conditions.

General warning: Even machines defined as "emptied and cleaned" may contain residual quantities of hazardous fluids adhering to the internal walls of tanks, circuits, and components. The ADR 2025 regulation recognizes this reality by providing specific provisions for fuel residues in machinery (Special Provision 291), which GASPA MACCHINE systematically applies during the preparation phase of every shipment.

Section 3 Full Classification of Hazardous Materials in Our Machines

The following table systematically and transparently lists all hazardous substances commonly present in machines sold by GASPA MACCHINE (agricultural tractors, mini-excavators, mechanical loaders, telehandlers, tandem rollers), with the relative ADR 2025 classification, the UN number, the hazard class, and the operational measures adopted by our team before each shipment.

Hazardous Substance Location UN No. ADR Class Status during Shipping Measures adopted by GASPA MACCHINE
Gas oil (diesel fuel) Fuel tank UN 1202 Class 3 – PG III Tank emptied to the minimum technical residue Tank drained before shipping; residue 500 ml compliant with ADR SP 291; drained fuel disposed of via authorized collector
Used engine oil Oil sump, lubrication circuit UN 3077 Class 9 – PG III Drained from the machine before shipping Oil change performed before shipping; waste oil is disposed of via authorized collector (in Italy: CONOU); machine shipped with fresh oil or dry
Mineral hydraulic oil Hydraulic circuit (pumps, cylinders, tanks) UN 3082 Class 9 – PG III Remains in the closed hydraulic circuit The hydraulic circuit remains sealed during transport; absence of leaks is verified; quantities present are certified within ADR exemption thresholds (LQ) or adequately documented
Coolant (glycol-based antifreeze) Engine cooling circuit Not ADR classified (closed circuit) Remains in the closed cooling circuit Circuit verified for absence of leaks before shipping; level topped up if necessary; waste glycol at the time of disposal by the buyer is hazardous waste (EWC code 13 02 08*)
Lead-acid battery Machine battery compartment UN 2794 Class 8 – Corrosive Installed in the machine, correctly secured Battery secured in housing; terminals protected with anti-short circuit terminal covers; vertical position guaranteed; electrolyte level verified; compliant with ADR SP 238
AdBlue® / DEF (32.5% urea solution) AdBlue tank (Stage IV/V machines with SCR system) Not ADR classified Remains in the dedicated tank Does not require special ADR measures; indicated in the shipping inventory; the buyer must avoid contact with metal components and comply with local disposal regulations
Mineral lubricating grease Joints, couplings, pins, gears, hubs Not ADR classified Present at lubrication points Does not require special transport measures; it is hazardous waste at the time of disposal (EWC code 13 02 08*) and must be disposed of via authorized collector
Refrigerant gas (HFC – AC system, if installed) Hermetic circuit of the air conditioning system Variable (e.g., UN 3159 for R134a) Class 2.2 – Non-flammable gas (approved closed system) In approved hermetic circuit; presents no risks under ordinary transport conditions Circuit verified for integrity; subject to F-Gas Regulation (EU) 517/2014; any topping up or disposal interventions must be carried out exclusively by F-Gas certified technicians
Battery acid (diluted sulfuric acid) Inside the lead-acid battery UN 2796 Class 8 – Corrosive Contained within the sealed battery Normally not relevant during transport if the battery is correctly installed and in a vertical position; in case of a damaged or defective battery, shipping is suspended until replacement
Note on the presence of asbestos in older machines

Some machines produced before 1992 may contain components made with materials containing asbestos, such as engine gaskets, brake pads, clutch linings, and thermal insulation. The use of asbestos in machinery has been prohibited in the European Union by REACH Regulation (EC) No. 1907/2006, Annex XVII, entry 6, with the ban in effect since January 1, 2005.

Important warning for machines produced before 1992: In the case of purchasing historic or very old machines (1970s and 1980s), GASPA MACCHINE explicitly informs the customer in the product sheet if components containing asbestos have been detected or if there is a risk of their presence. The removal, replacement, or disposal of such components must be carried out exclusively by authorized specialized operators, in compliance with Legislative Decree 81/2008 (Italy) and equivalent national regulations in the destination countries. Never attempt to disassemble, sand, or drill components suspected of containing asbestos without the assistance of qualified operators and appropriate PPE.

Section 4 ADR Agreement: The Regulatory Framework for the Transport of Dangerous Goods by Road

The European Agreement concerning the International Carriage of Dangerous Goods by Road (in French: Accord européen relatif au transport international des marchandises Dangereuses par Route, hence the acronym ADR) is the main international regulatory instrument governing the transport of hazardous substances by road between signatory countries. The agreement was originally signed in Geneva on September 30, 1957, under the auspices of the United Nations Economic Commission for Europe (UNECE) and is updated every two years. The edition currently in force is ADR 2025, applicable from January 1, 2025.

ADR signatory countries in our shipping destinations

All ten countries to which GASPA MACCHINE ships are contracting parties to the ADR Agreement: Austria, Finland, France, Germany, Italy, the Netherlands, Poland, Romania, and Spain as EU Member States that have transposed the ADR into their national legislation, and Switzerland as a non-EU contracting state, which applies the ADR through its national SDR regulation (Schweizer Verordnung über die Beförderung gefährlicher Güten auf der Strasse). Each country is free to adopt more restrictive provisions for transport within its own territory.

How ADR applies to agricultural and construction machinery

ADR 2025 provides specific provisions for the transport of vehicles, machines, and equipment containing hazardous substances such as fuels, lubricants, and batteries. The most relevant provisions for machines sold by GASPA MACCHINE are as follows:

  • Special Provision (SP) 291 – Internal combustion engines and machinery: this ADR special provision governs the transport of engines and machinery equipped with internal combustion engines powered by flammable liquid fuels (gas oil). It allows transport with fuel residues in the tank, provided that the tank is emptied as much as possible, that the closing devices are correctly tightened, and that the residual fuel does not exceed technically non-removable quantities. GASPA MACCHINE applies this provision for every machine shipped.
  • Special Provision (SP) 238 – Lead-acid batteries: this provision regulates the transport of wet lead batteries (UN 2794), requiring them to be transported in a vertical position, with terminals protected against short circuits, in the original housing, and secured so they cannot tip over. GASPA MACCHINE verifies compliance with these requirements before every shipment.
  • Limited Quantities (LQ) and Excepted Quantities (EQ): ADR provides exemption regimes for shipments containing quantities of hazardous substances below certain thresholds (ADR Chapters 3.4 and 3.5). For the quantities of hydraulic oil and lubricants contained in the closed circuits of our machines, GASPA MACCHINE verifies the applicability of such exemptions on a case-by-case basis and documents the applied regime in the transport documents.
  • Dangerous Goods Safety Adviser (DGSA): companies that ship dangerous goods in quantities exceeding ADR thresholds are obliged to appoint a Safety Adviser (Dangerous Goods Safety Adviser, DGSA) pursuant to ADR Chapter 1.8.3. GASPA MACCHINE utilizes a certified DGSA to ensure full compliance of its shipments with current ADR regulations.
Carrier obligations in compliance with ADR

The carrier (specialized transporter) appointed by GASPA MACCHINE for each shipment is required to fully comply with ADR requirements during transport. This includes:

  • Possession of the emergency equipment prescribed by ADR (suitable fire extinguishers, first aid kit, emergency signage).
  • Certified ADR training for driving personnel (ADR license for the category of goods transported).
  • Compliance with the stowage, securing, and separation provisions for dangerous goods within the transport vehicle.
  • Transport with all prescribed accompanying documentation (ADR transport document, written instructions for emergency management).

To learn more about ADR: The full and updated text of the ADR Agreement is available for free on the official UNECE website at unece.org/adr. The Italian version of the ADR is available through the Ministry of Infrastructure and Transport (MIT) at mit.gov.it.

Section 5 Pre-Shipping Preparation and Safety Procedures

Before proceeding with the shipment of any machine, the technical team at GASPA MACCHINE performs a standardized sequence of preparation and safety operations, aimed at ensuring full compliance with ADR 2025 regulations and maximum safety during all phases of transport. Below we describe each phase of this procedure in detail.

1
Draining of the fuel tank (gas oil) The diesel fuel tank of each machine is emptied to the technically non-removable residual quantity, in compliance with Special Provision 291 of ADR 2025. The drained fuel is collected in ADR-approved containers and disposed of via fuel collectors authorized by national regulations, in compliance with Legislative Decree 152/2006 (Environmental Code – Italy). It is verified that the tank cap is hermetically closed and intact before shipping.
2
Engine oil change and waste oil disposal For the vast majority of machines, our technical team performs an engine oil change before shipping. The removed waste oil is classified as hazardous waste (EWC code 13 02 05* for non-chlorinated mineral oils) and disposed of via an authorized collector. In Italy, the waste oil collection system is managed by the National Compulsory Consortium for the Collection and Treatment of Used Mineral Oils (CONOU). In cases where the engine oil has already been recently replaced with fresh oil, the machine may be shipped with the fresh lubrication installed.
3
Verification and sealing of the hydraulic circuit The hydraulic oil remains in the closed hydraulic circuit of the machine during transport. Our team verifies the integrity of all fittings, hoses, cylinders, and seals of the hydraulic circuit, ensuring there are no active or potential leaks before shipping. Inspection caps and hydraulic tanks are checked and sealed. The quantity of hydraulic oil present in the circuit is certified as compliant with applicable ADR exemption regimes or is documented in the transport documents if it exceeds exemption thresholds.
4
Verification of the cooling circuit The coolant remains in the closed engine circuit during transport. Before shipping, we verify the liquid level in the appropriate expansion tank, the integrity of the radiator, connection pipes, and expansion vessel, and ensure the absence of leaks. If the level is insufficient, it is topped up with the appropriate antifreeze mixture. The cooling circuit is not classified as ADR dangerous goods as long as it remains intact and closed.
5
Securing the lead-acid battery The lead battery is left installed in the machine, in its original housing, verifying its mechanical securing so that it cannot move during transport. The positive and negative terminals are covered with insulating plastic terminal covers to prevent accidental short circuits. It is verified that the battery is in a vertical position, that the electrolyte level is normal, and that there are no acid leaks or signs of cell swelling. All these measures comply with Special Provision 238 of ADR 2025.
6
General inspection and preparation report At the end of all preparation operations, our technician performs a full visual inspection of the machine, documenting the status of every component relevant to transport safety. A Pre-Shipping Preparation Report is drafted, available upon customer request, which certifies the operations performed, the fluid residues present, and compliance with applicable ADR regulations. This document is an integral part of the transport documentation.
7
Preparation of transport documentation Before the machine departs, GASPA MACCHINE prepares all mandatory transport documentation, including the CMR waybill for international transport, the ADR transport document (where mandatory for the quantities of hazardous substances present), written instructions for emergencies (Tremcards), and the inventory of hazardous materials present in the machine. This documentation accompanies the machine throughout the journey until delivery to the recipient.

Important: The procedures described in this section are applied by our qualified technical team before every shipment. Despite these precautions, at the time of delivery, the machine may still contain minimal and technically non-removable residual quantities of hazardous fluids. The buyer is required to take this into account during the first commissioning and in case of maintenance interventions following delivery.

Section 6 Operational Shipping Restrictions by Substance Category

GASPA MACCHINE applies a machine classification system into three operational categories for shipping purposes, based on the presence and condition of hazardous materials found during the pre-shipping preparation phase. The goal is to ensure that every machine shipped fully complies with ADR 2025 regulations and the national provisions of the destination countries, safeguarding the safety of transport operators and the environment.

Category A – Machines shippable under standard conditions

Machines in this category meet all ADR requirements without the need for extraordinary interventions. They are shipped with:

  • Fuel tank emptied to the minimum non-removable technical residual quantity, below ADR thresholds for Special Provision 291.
  • Hydraulic oil in the intact closed circuit, without leaks, in quantities certified within ADR exemption limits.
  • Lead battery installed, secured, with terminals protected and in a vertical position.
  • Cooling circuit intact and without leaks.
  • Fresh engine oil installed or machine shipped dry after oil change.
Category B – Machines requiring special preparation before shipping

Machines in this category present conditions that require additional technical interventions before shipping can be authorized by GASPA MACCHINE. Shipping is postponed until the necessary interventions are completed:

  • Active leaks from the hydraulic circuit: the machine is repaired and the circuit is tested for the absence of leaks before shipping authorization.
  • Damaged battery or with acid leaks: the battery is replaced before shipping; the defective battery is classified as hazardous waste (UN 2794 or UN 2800) and disposed of via an authorized collector.
  • Fuel tank with residues exceeding ADR thresholds: the tank is further emptied to fall within the limits of Special Provision 291 or, if this is not technically possible, full ADR marking and documentation for the ordinary regime are prepared.
  • Cooling circuit with leaks: the defect is repaired and the circuit is tested before shipping.
  • Air conditioning system with refrigerant leaks: only F-Gas certified technicians can intervene; the system must be secured before shipping.
Category C – Non-shippable machines (absolute restrictions)

GASPA MACCHINE categorically refuses to ship machines or components that fall into the following categories, regardless of customer requests:

  • Machines with unresolvable risks of hazardous substance leakage: machines with tanks or circuits irreparably damaged that cannot be secured with ordinary technical interventions.
  • Shipments of hazardous fluids separate from the machine: GASPA MACCHINE does not separately ship drums, cans, or containers of fuel, engine oil, hydraulic oil, or battery acid as standalone goods. Such products do not fall within our commercial activity.
  • Machines with confirmed and non-remediated asbestos-containing components: machines for which the presence of asbestos in components has been confirmed cannot be shipped without prior remediation by operators authorized for asbestos management. The customer must specifically request this service before the sale.
  • Machines with damaged or swollen lithium batteries: modern machines equipped with electronic management systems with damaged lithium-ion batteries cannot be shipped until the defective battery is replaced with a new one.
  • Shipments to countries not included in our delivery zone: GASPA MACCHINE does not ship to countries outside its list of authorized destinations (Austria, Finland, France, Germany, Italy, the Netherlands, Poland, Romania, Spain, Switzerland).

Prior communication: In case of the need for special preparation of the machine (Category B), GASPA MACCHINE will contact the customer before starting the interventions to communicate the expected times and any additional costs, requesting written confirmation from the customer before proceeding. Shipping will be postponed accordingly, and the estimated delivery date will be updated.

Section 7 Applicable National Regulations by Destination Country

In addition to the ADR Agreement, valid in all signatory countries, each state to which GASPA MACCHINE ships has transposed the ADR into its national legislation and may apply more restrictive provisions for internal transport. The table and country sheets below illustrate the specific regulatory framework of each destination, with the relevant competent authorities and the most significant national provisions for the transport of machines with hazardous materials.

Country National ADR Legislation Competent Authority Hazardous Waste Regulations Specific Notes
🇮🇹 Italy ADR applied directly; MIT Decree (biennial updates); MIT circular for national transport MIT (Ministry of Infrastructure and Transport); ISPRA Legislative Decree 152/2006 (Environmental Code, Part IV); Legislative Decree 49/2014 (WEEE) The DGSA (ADR Consultant) is mandatory for shipments above threshold. Waste oils: CONOU system. Batteries: COBAT/ECOPED system.
🇦🇹 Austria GGBG (Gefahrgutbeförderungsgesetz, BGBl. I Nr. 145/1998 as amended); GGBV (Gefahrgutbeförderungsverordnung) BMVIT (Federal Ministry for Climate Action, Environment, Energy, Mobility, Innovation and Technology) AWG 2002 (Abfallwirtschaftsgesetz); EAG-VO for WEEE Additional requirements for Alpine routes and long tunnels (ADR tunnel restrictions). Mandatory take-back obligation (Rücknahmepflicht) for batteries at retailers.
🇫🇮 Finland Laki vaarallisten aineiden kuljetuksesta (Act 719/1994 as amended); VAK-asetus (A/194/2002 as amended) Liikenne- ja viestintävirasto (Traficom); SYKE (Finnish Environment Institute) Jätelaki 646/2011 (Waste Act); Government Decree on Waste 179/2012 Particular winter conditions (icy roads, low temperatures) may require additional precautions for liquid transport. Finland is not an island: transport from the Italian mainland transits by road through other ADR states.
🇫🇷 France Transport Code (Legislative Part, Book V); Decree of May 29, 2009, concerning the transport of dangerous goods by land (TMD) DGITM (General Directorate for Infrastructure, Transport and Mobility); regional DREALs Environmental Code (Title IV); Decree No. 2002-540 on hazardous waste Specific requirements for transport of dangerous goods near Natura 2000 areas. Mandatory additional labeling for transport in urban zones (Low Emission Zones, ZFE). Battery collection: SCRELEC and COREPILE sectors.
🇩🇪 Germany GGBefG (Gefahrgutbeförderungsgesetz); GGVSEB (BGBl. I 2013, S. 3012 as amended) BAM (Federal Institute for Materials Research and Testing); Federal Ministry for Digital and Transport (BMDV) KrWG (Closed Substance Cycle Waste Management Act); ElektroG (for WEEE); BattG (for batteries) The DGSA (Sicherheitsberater) is mandatory with an annual register. Traffic restrictions for ADR vehicles on some motorways and at specific times. Batteries: GRS system (Gemeinsames Rücknahmesystem Servicegesellschaft) and Stiftung Gemeinsames Rücknahmesystem Batterien.
🇳🇱 Netherlands Wet vervoer gevaarlijke stoffen (Wvgs, 1995 as amended); Regeling vervoer over land van gevaarlijke stoffen (VLG) ILT (Human Environment and Transport Inspectorate); RIVM Environmental Management Act; End-of-Life Vehicles Decree (for end-of-life vehicles) Specific standards for port zones (Rotterdam) and densely populated areas. Shipments to the Netherlands typically transit via Germany. Battery collection: Stibat (foundation for portable battery collection) and AutoRecycleNederland for automotive batteries.
🇵🇱 Poland Act of August 19, 2011, on the transport of dangerous goods (Journal of Laws 2011 No. 227, item 1367 as amended) Inspekcja Transportu Drogowego (ITD); Office of Technical Inspection (UDT) Waste Act of December 14, 2012; Act on Batteries and Accumulators (Journal of Laws 2009 No. 79) Frequent checks at eastern borders. Mandatory visible hazard labels on the transport vehicle above ADR thresholds. Battery collection system: REBA (Association for the Recycling of Batteries and Accumulators).
🇷🇴 Romania GO No. 48 of August 31, 1999, regarding the road transport of dangerous goods; GD No. 1374/2000; Law No. 88/2004 ARR (Romanian Road Authority); ANPM (National Environmental Protection Agency) Law No. 211/2011 regarding the waste regime; GD No. 1132/2008 (batteries) Special provisions for crossing Romanian territory in case of transit. Waste oil collection: OIREP Uleiuri (Producer Responsibility Implementation Organization). Battery collection: ECOBAT.
🇪🇸 Spain Royal Decree 97/2014, of February 14, regulating road transport operations of dangerous goods (BOE No. 26, 30.01.2014) MITMA (Ministry of Transport, Mobility and Urban Agenda); DGCE Law 7/2022 on waste and contaminated soils; Royal Decree 106/2008 (batteries and accumulators) Traffic bans for heavy vehicles on certain national and regional public holidays. Collection of batteries and waste oils: SIGAUS system (oils) and ECOPILAS/ECOBATERIAS (batteries). Collection of industrial batteries: SIG Baterías Industriales.
🇨🇭 Switzerland SDR (Ordinance on the Carriage of Dangerous Goods by Road, RS 741.621); VSG (Ordinance on the Transport of Dangerous Goods) ASTRA (Federal Roads Office); FOEN (Federal Office for the Environment) EPA (Environmental Protection Act, RS 814.01); VVEA (Ordinance on the Avoidance and Disposal of Waste) Switzerland is not an EU member: shipments are subject to inbound customs formalities. The SDR is substantially equivalent to the ADR but with some national specificities. Battery collection: INOBAT (Interessengemeinschaft Entsorgung Batterien). Oil collection: SOAF (Société coopérative pour l'assainissement des huiles usagées).

Note on Switzerland: Switzerland does not belong to the European Union and shipments to this country are subject to import customs procedures. GASPA MACCHINE prepares all necessary customs documentation, including the declaration for the Swiss Customs Office regarding any hazardous materials present in the machinery. For detailed information on Swiss customs formalities, please consult our dedicated page: Customs, Duties and Import Regulations.

Section 8 Obligations and Responsibilities of the Recipient upon Receipt of the Machine

Upon receipt of the machine, the recipient assumes full responsibility for the safe management of the hazardous materials present in the machine, in compliance with the regulations in force in the country of destination. This section describes in detail the practical and regulatory obligations that fall to the recipient from the moment of delivery.

Inspection upon receipt and documentation of reservations

Before signing the CMR waybill or any other delivery document, the recipient must carry out a visual inspection of the machine to verify:

  • The absence of visible structural damage caused during transport (chassis, arms, tires, exposed components).
  • The absence of visible fluid leaks (diesel, hydraulic oil, engine oil, coolant) on the bed of the transport vehicle or on the machine itself.
  • The integrity of the battery (absence of deformations, acid leaks, or burns on the terminals).
  • The correspondence of the delivered machine with the description and sales documentation.

In the event of visible damage or anomalies found at the time of delivery, the recipient must note them in detail on the carrier's delivery note before signing it, photograph the machine extensively, and immediately contact GASPA MACCHINE at info@gaspa-macchine.com. Signing the delivery document without reservations could jeopardize the possibility of making subsequent claims for transport damage.

Safe handling of residual fluids

Despite the pre-shipment preparation operations carried out by GASPA MACCHINE, the machine may contain minimal residual quantities of hazardous fluids. The recipient must comply with the following safety standards during handling and subsequent maintenance interventions:

  • Never discharge petroleum fluids, oils, or chemical liquids into the soil, sewers, or waterways: this behavior constitutes an environmental crime punishable in all countries of destination.
  • Use appropriate Personal Protective Equipment (PPE) during interventions on components containing fluids: nitrile gloves, safety goggles, and protective clothing to avoid contact with mineral oils, coolant, and battery acid.
  • Do not carry out maintenance on pressurized hydraulic circuits without first depressurizing the circuit following the manufacturer's manual instructions. High-pressure hydraulic oil can cause serious skin injection injuries.
  • Do not discharge coolant (antifreeze) into the environment: ethylene glycol is toxic to animals and dangerous for the aquatic environment; always collect it in closed containers for subsequent disposal.
  • Immediately stop using the machine in the event of an active fluid leak and do not restart it until the repair is completed by a qualified technician.
First commissioning of the machine

Before starting the machine for the first time after delivery, the recipient must carry out the following preliminary checks in accordance with the manufacturer's manual instructions:

  • Check and top up the fuel level (diesel) in the tank, taking care not to use incorrect or contaminated fuel.
  • Check the engine oil level with the appropriate indicator and top it up to the correct level if necessary.
  • Check the coolant level in the expansion tank.
  • Check the hydraulic oil level in the hydraulic circuit tank.
  • Verify that the battery is correctly connected (remove the terminal protections installed by GASPA MACCHINE for shipment) and that there are no short circuits or loose connections.
  • Carry out a low-speed test run on open ground before operational use, checking the correct functioning of brakes, steering, hydraulic lifting, and other control systems.

Technical assistance: GASPA MACCHINE makes its technical team available to answer any questions relating to the first commissioning, fluid management, or safety of the machine received. Contact us before starting the machine if you have doubts about any aspect of its preparation or its state at the time of delivery. Our telephone number is +39 377 390 1146.

Section 9 Responsible Disposal of Fluids and Hazardous Materials

The fluids present in the machines sold by GASPA MACCHINE are classified as hazardous waste under the Waste Framework Directive 2008/98/EC and the national implementing regulations of all countries to which we ship, at the moment they are removed from the machine. Their irregular disposal is a criminally and administratively sanctioned offense in all recipient countries. Below we provide a practical and regulatory guide for the correct disposal of each category of material.

Waste Mineral Oils (engine oil, hydraulic oil, transmission oil)

Waste mineral oils are classified as hazardous waste with EWC (European Waste Catalogue) code 13 02 05* (mineral-based non-chlorinated engine, gear and lubricating oils). Their disposal is governed by Directive 75/439/EEC (repealed) and today by Article 21 of Directive 2008/98/EC, which requires Member States to ensure the collection and treatment of waste oils without prejudice to human health and the environment. National collection systems operate in each country of destination:

Country Waste oil collection system Regulatory reference
🇮🇹 ItalyCONOU (National Compulsory Consortium for Used Oils) – network of authorized collectors throughout the territoryLegislative Decree 152/2006, Art. 216-bis; Legislative Decree 95/1992
🇦🇹 AustriaARA (Altstoff Recycling Austria) authorized collectors and municipal collection centers (Altstoffsammelzentren)AWG 2002; Altölverordnung BGBl. II Nr. 382/2007
🇫🇮 FinlandÖljy- ja biopolttoaineala ry (ROPY) – national collection network for waste oils and fuels; huoltoasemat (service stations)Jätelaki 646/2011; Vna jätteistä 179/2012
🇫🇷 FranceADIVALOR for agricultural oils; network of authorized distributors and workshops (huiles usagées); COREPOM for engine oil collectionCode de l'environnement Art. L543-1 ff.; Décret n° 79-981
🇩🇪 GermanyAuthorized collectors (Entsorgungsfachbetriebe) registered in the Waste Register (Abfallverzeichnis); KFZ collection centers and workshopsKrWG; Altölverordnung (BGBl. I 2014, S. 1502)
🇳🇱 NetherlandsAuthorized by the IBB system (Inzameling Bedrijfsmatig Beheer) and authorized mechanical workshopsWet milieubeheer; Besluit inzamelen afvalstoffen
🇵🇱 PolandAuthorized collectors registered in the BDO (Baza Danych o Odpadach); service stations with environmental authorizationUstawa o odpadach 2012; Rozporządzenie w sprawie olejów odpadowych
🇷🇴 RomaniaOIREP Uleiuri (Organization for the Implementation of Extended Responsibility); ANPM authorized operatorsLegea nr. 211/2011; HG nr. 235/2007 regarding the management of waste oils
🇪🇸 SpainSIGAUS (Sistema Integrado de Gestión de Aceites Usados) – free collection network at workshops and authorized collection pointsReal Decreto 679/2006; Ley 7/2022
🇨🇭 SwitzerlandSOAF (Société coopérative pour l'assainissement des huiles usagées) and FOEN authorized cantonal collectorsVVEA (RS 814.600); Verordnung über den Verkehr mit Abfällen (VeVA)
Drained Fuel and Waste Fuel

Diesel fuel drained from tanks is classified as hazardous waste with EWC code 13 07 01* (fuel oil and contaminated diesel fuel). It must under no circumstances be poured into the soil, sewers, waterways, or disposed of with municipal solid waste. It must be handed over to authorized waste oil and fuel collectors (the same as the oil collection system described above) or to affiliated service stations in the country of destination.

Coolant (waste antifreeze)

Waste ethylene glycol-based coolant is classified as hazardous waste with EWC code 16 01 14* (antifreeze fluids containing hazardous substances). It is toxic to pets and wildlife if ingested, and harmful to the aquatic environment. It must be collected in closed containers and handed over to hazardous waste collection centers (municipal eco-centers) or authorized collectors in the country of destination. It must never be mixed with waste oils.

Absolute ban on irregular disposal: The illegal disposal of hazardous waste (waste oils, fuel, coolant, battery acid) is a criminal offense in all countries to which GASPA MACCHINE ships. Penalties range from heavy administrative fines to prison sentences, depending on the quantity disposed of and the environmental damage caused. In Italy, the crime of illegal disposal of hazardous waste is punished by Art. 256 of Legislative Decree 152/2006 with arrest for up to two years and a fine of up to 26,000 euros for each violation.

Section 10 Batteries and Accumulators: Transport Regulations and Mandatory Disposal

The machines sold by GASPA MACCHINE are normally equipped with lead-acid batteries (VRLA or SLI) for starting the engine and for powering the on-board electrical systems. Some modern machines with advanced electronic management systems may include lithium-ion (Li-ion) battery modules for auxiliary functions. European legislation on batteries was recently renewed by Regulation (EU) 2023/1542, which replaced the previous Directive 2006/66/EC with progressive effects starting from 2023.

Transport of lead-acid batteries installed in machines

Lead-acid batteries classified as UN 2794 (Batteries, wet, filled with acid, electric storage) are subject to Class 8 (Corrosives) of the ADR. However, when they are installed in machines and transported as an integral part of them, the Special Provisions of the ADR governing the transport of batteries in their original location apply:

  • SP 238 – Batteries installed in machines: lead batteries installed in machines can be transported by way of derogation from the ordinary ADR packaging requirements, provided that they are firmly fixed in the original housing, placed in an upright position, and protected against short circuits by insulating covers on the terminals.
  • GASPA MACCHINE verifies compliance with all these requirements in the pre-shipment preparation phase described in Section 5 of this policy.
  • In the event of a damaged battery or one that is unsafe for transport, GASPA MACCHINE proceeds with its replacement before shipment, classifying the defective battery as hazardous waste to be disposed of via an authorized collector.
Obligation to collect and recycle waste batteries

Regulation (EU) 2023/1542 imposes on Member States and producers/importers the obligation to ensure the separate collection of waste batteries and their recycling through collection networks accessible to consumers. Specifically for industrial and automotive batteries (such as those mounted on the machines we sell), the regulation provides for increasing collection and recycling targets over time and labeling and information obligations on the carbon footprint and the percentage of recycled materials.

The recipient of the machine is required, at the time of replacement or decommissioning of the installed battery, to hand it over to authorized collection points in their country. In the main national collection systems for industrial and automotive batteries:

Italy: COBAT / ECOPED / Relight (WEEE and battery system) Austria: ARG / Öko-Box (automotive battery collection) Finland: KEMPPI / authorized Traficom collection points France: SCRELEC and COREPILE (industrial batteries) Germany: GRS Batterien / Stiftung Rücknahmesystem Netherlands: Stibat / AutoRecycleNederland Poland: REBA (Stowarzyszenie Recyklingu Baterii) Romania: ECOBAT Romania / authorized ANPM collectors Spain: SIG Baterías Industriales / ECORAEE Switzerland: INOBAT (Interessengemeinschaft Entsorgung Batterien)
Special precautions for lithium batteries

Some modern machines with advanced electronic control systems may be equipped with lithium-ion (Li-ion) battery modules for powering auxiliary systems (displays, ECUs, sensors). Damaged or swollen lithium batteries constitute a significant fire risk and are subject to more restrictive transport regulations (UN 3480 or UN 3481, Class 9 ADR). GASPA MACCHINE verifies the status of any lithium batteries present in the machines before each shipment and does not ship machines with damaged or potentially dangerous lithium batteries before their replacement.

Disposal in ordinary waste prohibited: Waste batteries, regardless of their type (lead-acid, lithium-ion, NiMH), must never be disposed of in ordinary municipal solid waste. Regulation (EU) 2023/1542 and national implementing regulations provide for sanctions for the irregular disposal of batteries. All battery retailers and authorized mechanical service centers are required by law to accept the return of waste batteries free of charge.

Section 11 REACH, CLP Compliance and European Environmental Regulations

GASPA MACCHINE operates in compliance with the entire body of European regulations regarding chemical substances, classification, labeling, and environmental safety. Below we illustrate the main reference regulations and their impact on the sale and shipment of our machines.

REACH Regulation – (EC) no. 1907/2006

The REACH Regulation (Registration, Evaluation, Authorisation and Restriction of Chemicals) governs the production, import, marketing, and use of chemical substances in the European Union. Regarding the machines sold by GASPA MACCHINE, REACH is relevant in the following aspects:

  • Articles containing substances of very high concern (SVHC): GASPA MACCHINE, as a supplier of articles, is required to inform professional customers if the machines sold contain substances included in the SVHC list (REACH Candidate List) in a concentration higher than 0.1% by weight. Specific information on any SVHCs present is available upon request by contacting info@gaspa-macchine.com.
  • REACH Restrictions (Annex XVII): Annex XVII of REACH contains restrictions on the production, placing on the market, and use of specific hazardous substances. Among these, entry 6 prohibits asbestos, as described in Section 3 of this policy. GASPA MACCHINE verifies compliance with all REACH restrictions applicable to the machines for sale.
  • Safety Data Sheets (SDS/MSDS): for the hazardous fluids present in the machines sold (engine oils, hydraulic oil, diesel fuel, coolant), GASPA MACCHINE can provide upon request Safety Data Sheets (SDS) compliant with Annex II of REACH, which contain all information on chemical composition, health and environmental risks, first aid measures, and instructions for safe disposal.
CLP Regulation – (EC) no. 1272/2008

The CLP Regulation (Classification, Labelling and Packaging of substances and mixtures) harmonizes the system of classification, labeling, and packaging of hazardous chemical substances and mixtures in the European Union, in line with the United Nations Global Harmonized System (GHS). CLP is relevant for the machines sold by GASPA MACCHINE as:

  • The warning labels present on the fuel tanks, batteries, and AdBlue tanks of the machines sold comply with the hazard pictograms and warnings required by the CLP Regulation.
  • The Safety Data Sheets (SDS) of the fluids are drawn up in accordance with the CLP and Annex II of REACH, with the indication of the CLP/GHS hazard class for each substance.
Directive 2000/53/EC on End-of-Life Vehicles (ELV) – Legislative Decree 209/2003 in Italy

Directive 2000/53/EC on end-of-life vehicles (ELV) applies mainly to M1 and N1 category motor vehicles, but its principles of prevention, reuse, recycling and recovery of materials are also a reference for agricultural and construction machinery at the end of their life. This directive has contributed to establishing European standards for the management of hazardous fluids (coolant, brake oil, fuel, battery acid) during demolition and disposal operations of vehicles and machines. The general principle is that fluids must be removed before demolition and handed over to authorized collection systems.

F-Gas Regulation – (EU) no. 517/2014

The F-Gas Regulation governs fluorinated greenhouse gases, including HFC refrigerants used in air conditioning systems mounted on some of the machines we sell. Under this regulation:

  • The recovery, topping up, and elimination of F-Gas refrigerant gases must be carried out exclusively by F-Gas certified technicians, in possession of the relative license.
  • The intentional emission of fluorinated gases into the atmosphere is prohibited and sanctioned in all EU Member States.
  • GASPA MACCHINE does not carry out interventions on air conditioning circuits during pre-shipment preparation, keeping the circuits intact and sealed. In the event of a fault or leak from the AC circuit, the machine is not shipped until the circuit is restored by a certified F-Gas technician.
POPs Regulation – (EU) 2019/1021

Regulation (EU) 2019/1021 on persistent organic pollutants (POPs) prohibits the production, marketing, and use of certain chemical substances that persist in the environment. In agricultural and construction machinery, this regulation is relevant as some types of insulating oils, paints, and lubricants produced or used before the EU ban may contain POP substances (such as PCBs – polychlorinated biphenyls). GASPA MACCHINE does not market machines with systems or fluids known to contain PCBs or other POP substances. In case of doubt about very old machines, it is possible to request specific information at info@gaspa-macchine.com.

Request for Safety Data Sheets (SDS): Professional customers and companies requesting Safety Data Sheets (SDS) for the fluids present in the purchased machines can send us a written request to info@gaspa-macchine.com, indicating the order number and the machine model. We will transmit the available SDS within 5 working days of receiving the request.

Section 12 Transport Documentation and Declarations of Conformity

GASPA MACCHINE prepares and provides all transport documentation required by the ADR 2025 regulations, European customs law, and the national regulations of the destination countries for every international shipment of machines. The main documents accompanying each shipment are listed and described below.

CMR Waybill

The International Waybill (CMR) is the mandatory transport document for all shipments of goods by road between countries adhering to the Geneva Convention of May 19, 1956, relating to the contract for the international carriage of goods by road. It certifies the transport contract between GASPA MACCHINE (sender), the carrier, and the recipient, describes the goods transported (the machine), its weight, delivery conditions, and the carrier's responsibilities. The CMR includes the declaration of the nature of any hazardous goods present (fluids, batteries) according to ADR requirements.

ADR Transport Document

The ADR Transport Document is required by ADR 2025 (Section 5.4.1) for shipments containing hazardous goods in quantities exceeding the exemption thresholds. This document specifies, for each hazardous substance present in the shipment:

  • The UN number of the substance or hazardous goods class (e.g., UN 1202 for diesel, UN 2794 for lead-acid batteries).
  • The official transport designation provided by the ADR (e.g., "DIESEL FUEL" or "GAS OIL").
  • The ADR class, classification code, packing group, and required hazard labels.
  • The quantity and type of packaging (or the description of the machine as a container for hazardous substances).
  • The name and address of the sender and the recipient.

In the event that the quantities of hazardous substances present in the machine fall within the ADR exemptions for Limited Quantities (LQ) or Special Provisions (e.g., SP 291), the standard transport document (CMR) still includes a declaration of the substances present with reference to the Special Provision applied.

Written Instructions for Emergencies (Tremcard)

The Written Instructions for Emergencies (commonly referred to as "Tremcard" or emergency sheets) are documents that the carrier must carry on board the transport vehicle during the transport of ADR hazardous goods. These sheets describe the emergency measures to be taken in the event of an accident, leakage of hazardous substances, or fire during transport. GASPA MACCHINE prepares the appropriate Tremcards in accordance with Section 5.4.3 of ADR 2025 and delivers them to the carrier before departure.

Pre-Shipment Preparation Report

For each machine shipped, our technical team draws up a Pre-Shipment Preparation Report documenting all operations performed on the machine before shipment (fuel drainage, oil change, circuit check, battery safety, etc.) and certifying that the machine has been prepared in accordance with the applicable ADR 2025 provisions. This report is available upon customer request and can be forwarded by email at the same time as the shipment confirmation.

Declaration on Hazardous Substances

For shipments to Switzerland and for certain types of machines, GASPA MACCHINE prepares a Written declaration on hazardous substances present in the machine, indicating for each substance the type, estimated quantity, CLP/ADR classification, and instructions for their safe disposal. This document supplements the CMR and the ADR transport document and is delivered to the buyer together with the other accompanying documents of the machine.

CE Certificate of Conformity of the Machine

For machines equipped with CE marking (mainly construction machines complying with the Machinery Directive 2006/42/EC, now being replaced by EU Regulation 2023/1230), GASPA MACCHINE provides, where available, the original CE Declaration of Conformity from the manufacturer. This document certifies that the machine was designed and built in accordance with the essential health and safety requirements of the Machinery Directive, including provisions relating to hazardous fluids and leak containment systems.

Documentation on request: All transport documentation (CMR, ADR document, Tremcard, pre-shipment report, hazardous substances declaration) is available upon written request from the customer before, during, and after shipment. To request copies of these documents, contact info@gaspa-macchine.com indicating the order number and the model of the machine purchased.

Section 13 Limitations of Liability, Legal Warnings and Final Notes

This section clearly defines the boundaries of the responsibilities of GASPA MACCHINE and those of the recipient/buyer regarding the management of hazardous materials present in the machines sold, from preparation for shipment to final disposal at the end of the machine's life.

Responsibilities of GASPA MACCHINE

GASPA MACCHINE undertakes to:

  • Prepare each machine before shipment in accordance with the applicable ADR 2025 provisions, performing the drainage, verification, and safety operations described in Section 5 of this policy.
  • Draw up and transmit to the carrier all mandatory transport documentation provided for by the ADR and the CMR Convention.
  • Inform the buyer in a transparent and detailed manner about the hazardous substances present in the purchased machine, as provided for by this policy and, upon request, via the Safety Data Sheets (SDS).
  • Not ship machines that present risks of leakage of hazardous substances that cannot be resolved before shipment (Category C, as described in Section 6).
  • Use qualified specialized carriers for the transport of machines with hazardous fluids, with certified ADR personnel and compliant emergency equipment.
Responsibilities of the Buyer/Recipient

The buyer is responsible for:

  • The safe and regulation-compliant management of all hazardous substances present in the machine from the moment of receipt onwards, including the first commissioning, routine and extraordinary maintenance interventions, and fluid refueling or change operations.
  • The correct disposal of all fluids and hazardous materials removed from the machine during its useful life (waste oils, drained fuel, coolant, batteries), in accordance with the regulations in force in the country of residence/destination.
  • Compliance with the national regulations of the destination country relating to the possession, use, and disposal of machines containing hazardous materials, including any authorizations or registrations required by local legislation.
  • Verifying, before purchase, the local regulations applicable in their destination country for the receipt, use, and disposal of the type of machine purchased.
Limitations of Liability

GASPA MACCHINE is not responsible for:

  • Environmental damage, administrative or criminal sanctions resulting from improper use, unauthorized interventions, or irregular disposal of fluids and hazardous materials present in the machines sold, carried out by the buyer or third parties after delivery.
  • Damage to persons or property caused by incorrect handling of hazardous fluids by the buyer or third parties, in violation of the instructions provided in this policy and in the machine manufacturer's manual.
  • Environmental remediation costs resulting from fluid leaks or irregular disposal of hazardous materials occurring after delivery of the machine to the recipient.
  • Consequences resulting from the buyer's failure to communicate any damage found at the time of delivery, not noted on the delivery note before signing.
  • Changes in the national regulations of the destination countries occurring after the date of issue of this policy, which could introduce additional or different requirements from those described here.
Updating of this Policy

This Hazardous Materials and Shipping Restrictions Policy is subject to periodic updates to reflect changes to the ADR regulations (updated every two years), the national legislations of the destination countries, and the operating practices of GASPA MACCHINE. The latest updated version is always available on the dedicated page of the gaspa-macchine.com website. In the event of a discrepancy between the version published online and previous versions, the most recent version available online always prevails.

Competent Court and Applicable Law

This policy is drawn up in accordance with Italian and European law. For matters relating to hazardous materials and shipping restrictions not resolved amicably, the jurisdiction of the Court of Sassari applies, unless the legislation of the consumer's country of residence provides for exclusive jurisdiction of the consumer's own court.

Final warning: The information contained in this policy is for informational purposes and does not exhaust all regulatory obligations that may apply to the buyer in their country of residence or use of the machine. It is recommended to consult the competent authorities of your country (Ministry of the Environment, Environmental Protection Agency, transport authorities) and to use a qualified legal or environmental consultant to verify compliance with all local regulatory requirements applicable to your specific situation.

Hazardous Materials Assistance – Contact Us

Our team is at your disposal for any questions relating to hazardous materials, ADR shipping procedures, Safety Data Sheets (SDS), fluid disposal, or any other aspect of this policy. Do not hesitate to contact us before purchase if you have doubts about the management of hazardous materials present in the machines.

info@gaspa-macchine.com +39 377 390 1146 Mon–Sat, 09:00–18:00 CET Z.I. Predda Niedda Str. 30, 07100 Sassari (SS)
Contact Us Now