ECTA conference 17/9/2015 Michael Bogaert. Organisation and future developments of the international TDG legislation

Transcription

1 ECTA conference 17/9/2015 Michael Bogaert Organisation and future developments of the international TDG legislation

2 Overview 1. International and EU TDG legislation 2. EU DG transport: a. Role of the EC and the EU member states b. Practical examples 3.ADR/RID/ADN 2015: a few highlights 4.ADR/RID/ADN: ongoing work 5. Q&A 2

3 1. International DG legislation: structure ICAO IATA IMO UN OTIF Dangerous Goods Panel IATA - DGR Maritime Safety Committee ECOSOC ICAO - TI IMDG Code UN SCETDG UN SCEGHS UNECE UN Model Regulations/ Manual GHS Adm.Com WP.15 AC.2 WP 15 ADR/ ADN Committee of Experts Joint Meeting ICAO : International Civil Aviation Organisation ICAO TI : ICAO Technical Instructions IATA : International Air Transport Association IATA DGR : IATA Dangerous Goods Regulations ADN IMO : International Maritime Organisation IMDG : International Maritime Dangerous Goods UN : United Nations UNECE : UN Economic Council for Europe ECOSOC : UN Economic and Social Council SCETDG : Sub committee of Experts on Transport of Dangerous Goods GHS : Globally Harmonised System of Labelling and Classification of Chemicals SCEGHS : Sub comittee of Experts on GHS OTIF : Office Central de Transports Internationaux par Chemin de Fer CCNR : Central Commission for Navigation on the Rhine ADNR : Accord Européen relatif au transport international des marchandises dangereuses par marine sur le Rhin WP 15 : Working Party 15 on the transport of dangerous goods ADR : Accord européen relatif au transport international des marchandises dangereuses par route ADN : Accord européen relatif au transport international des marchandises dangereuses par voie de navigation intérieure RID : Règlement international concernant les transports des marchandises dangereuses par chemin de fer ADR RID 3

4 1. International DG legislation: UN - level 4

5 1. International DG legislation: EU - level Basic framework directive: EU Directive 2008/68/EC (as amended) on the inland transport of dangerous goods (road, rail, inland waterways) = makes the rules of ADR/RID/ADN for international transport also applicable to the national transport within EU Member States and establishes common rules for issuing national derogations = copies the ADR/RID/ADN provisions as annexes to the directive 5

6 1. International DG legislation: EU - level Road checks: EU Directive 95/50/EG (as amended) on uniform procedures for checks on the transport of dangerous goods by road. = establishes common rules in the EU for ADR road side inspection, infraction risk categories, annual reporting, inspection templates, in company checks, 6

7 1. International DG legislation: EU - level Transportable pressure equipment EU Directive 2010/35/EU on transportable pressure equipment = market surveillance directive for transportable pressure equipment (TPED), contains obligations of all involved parties, applicable for gases only, refers to ADR/RID/ADN chapters 6.2 and 6.8 for technical provisions, contains European Pi mark (π-mark) NOTE: not applicable for chapter 6.7 UN Portable Tanks 7

8 2. a) EU DG Transport: roles Administrative roles: European Commission: DG MOVE (Directorate -General for Mobility and Transport) Organises TDG committee meetings to discuss and modify DG EU directives (meeting between EC and Member States) Strives to harmonise EU positions and interpretations between Member States at international level Updates the directive 2008/68/EC every 2 years Monitors timely implementation of DG legislation in the EU Monitors national derogations within EU Member States Monitors the annual ADR inspection reports from EU Member States Carries out research programs and issues grants for translation Maintains a database of competent EU inspection bodies for TPED together with DG Enterprise and Industry Works through EU Agencies (ECHA (chemical agency), ERA (rail), EASA (air safety), ) 8

9 2. a) EU DG Transport: roles Administrative roles: Member States: In charge of national implementation of DG legislation Can give competent authority approvals or recognitions where mentioned in ADR/RID/ADN Are also direct members of UNECE for ADR/ADN and OTIF for RID Can issue national derogations based on EU directive 2008/68/EC 1. For individual transport operations 2. For small quantities 3. For short distances / local transport For derogations type 2 & 3: with the approval of the EC, presented in the TDG committee to the other Member States Can directly sign multilateral/special agreements under ADR/RID/ADN section

10 2. b) EU DG Transport: examples Example 1: National derogation for ADR: -> 2008/68/EC Prerequisites: Member state A has a problem An urgent solution through a derogation is needed Proces: Country A makes a national derogation and communicates this to the EC and the TDG committee for approval The derogation is published in the annual list on the EC website The derogation is open for all other Member States to adopt A national derogation has a maximum validity of 6 years but can be renewed 10

11 2. b) EU DG Transport: examples Example 1: National derogation for ADR: -> 2008/68/EC Practical example : RO a FR 6: Own-account transport of small quantities of dangerous goods : Content of the national legislation: Own-account transport of small quantities of dangerous goods other than class 7, not exceeding the limits set in is not subject to the obligation to have a transport document provided for in Valid until

12 2. b) EU DG Transport: examples Example 2: Multilateral agreements (MLA s) for ADR: Prerequisites: At least 2 countries share a similar problem An urgent solution is needed Proces: Country 1 initiates the MLA and communicates this to the UNECE secretariat and the other ADR Contracting Parties Country 2 countersigns the MLA, making it valid for transport IN AND BETWEEN those countries, no separate national derogations needed MLA is published on the UNECE website MLA is open for all other ADR Contracting Parties to countersign An MLA has a maximum validity of 5 years but can be renewed 12

13 Example 2: 2. b) EU DG Transport: examples Multilateral agreements (MLA s) for ADR: ml Practical examples: M276 : Concerning the construction of FL and OX vehicles using liquefied natural gas (LNG) as fuel for their propulsion M253 : Heavy fuel oil - transport in tanks 13

14 General remarks: 3. ADR/RID/ADN 2015: a few highlights Roughly around 75% of the changes to ADR/RID/ADN 2015 come directly from the UN Model Regulations 18th revised edition Every biennial set of modifications comes with a standard transitional period of 6 months From 2015/1/1 to 2015/7/1: ADR/RID/ADN 2015 version may be applied but 2013 versions may also still be applied From July 1st 2015: ADR/RID/ADN 2015 must be applied 14

15 3. ADR/RID/ADN 2015: a few highlights New UN numbers for adsorbed gases (UN ) + New Packing Instruction P208 New UN number UN 3509 Packagings, discarded, Empty, Uncleaned + Special Provision 663 Excemptions for UN 3077 and UN 3082 below 5 kg/l Extensive new provisions on transport of Lithium Batteries 15 year periodic inspection of cylinders Provisions for flame arresters on tanks used for class 3 Rationalisation of the provisions for ADR/RID bulk transport 15

16 And many more Use of LNG as propulsion fuel for ADR vehicles (types FL-OX) Labeling of LQ packages Additive devices for ADR tank vehicles distributing fuels Cylinders used exclusively on board ships/aircraft Excemptions for non-road mobile machinery Excemptions for lamps containing dangerous goods Large salvage packagings Fire extinguishers Excepted quantities provisions for substances For 2017! wp15ac1/ece-trans-wp15-ac a1e.pdf 16

17 4. ADR/RID/ADN : ongoing work ADR/RID/ADN Working Groups for the next biennium: Dangerous goods accident database Dangerous goods risk analysis methods and risk acceptance criteria Tank approvals and procedures for authorised inspection bodies Use of tanks with protective lining Pressure receptacles: provisions on equipment of tanks and pressure receptacles periodic inspection of overmoulded cylinders enhanced global recognition of cylinders Use of telematics in dangerous goods Transport of electrical and electronic waste Reduction of the risk of a BLEVE 17

18 5. Thank you for your attention 18