GERMAN CHEMICAL INDUSTRY ASSOCIATION

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1 GERMAN CHEMICAL INDUSTRY ASSOCIATION VCI-GUIDELINE ON CLASSIFYING ENVIRONMENTALLY HAZARDOUS SUBSTANCES, SOLUTIONS AND MIXTURES (AQUATIC ENVIRONMENT) according to THE DANGEROUS GOODS REGULATIONS FOR TRANSPORT As of July 2009 These guidelines certainly do not exempt the user from the obligation to comply with the statutory regulations. The guidelines were drawn up with great care. Even so, the authors and the German Chemical Industry Association (VCI) do not assume any liability for the correctness of the information, instructions and advice or for any possible misprints. It is therefore not possible to assert any claims from any possible consequences either against the authors or against the German Chemical Industry Association (VCI). The VCI holds the copyright to these guidelines. The complete or partial distribution of the text is only permitted if the title and originator is named. Responsible Care Mainzer Landstraße 55 P.O. Box Phone Frankfurt Frankfurt Fax

2 Contents Introduction ADR / RID / ADNR / ADN General Classification on the basis of criteria Classification of substances according to EU directive 67/548/EC according to GHS/CLP respectively ADR/RID/ADRN/ADN Classification of solutions and mixtures according to EU directive 1999/45/EC according to GHS respectively ADR/RID/ADNR/ADN Summary Special aspects for inland waterways Differences between the EC-directive and the CLP regulation and its influence on the classification Labelling and Placarding ADR/RID/ADNR/ADN Sea transport (IMDG code) Air transport (ICAO-TI and IATA-DGR) Summary of the transitional provisions / multilateral agreements Special provisions Viscous substances New special Provision 335 for non-dangerous solids containing environmentally hazardous liquid substances (e.g. cleaning tissues) Relief regarding the packaging requirements for receptacles smaller than 5 l

3 Introduction This guideline takes into account the dangerous goods regulations valid as from 2009 according to the ADR/RID, ADNR, ADN, IMDG Code and ICAO-TI/IATA-DGR. Numerous changes came into effect as from January 1 st, 2009 in the Regulation for the Carriage of Dangerous Substances on the Rhine (ADNR). As of March 1 st, 2009 the European Agreement Concerning the International Carriage of Dangerous Goods by Inland Navigation (ADN) into force. This therefore means that at least until 2011, two parallel regulations apply to inland waterways. The classification criteria for the various modes of transport will be essentially harmonized in 2009/2010. The definitions used in land transport will be harmonized with the GHS. However, in spite of harmonized criteria, the IMDG Code will continue to use the old definition and the new definition as a synonym. Here is an overview of the definitions used: ADR/RID/ADNR 2007: ADR/RID/ADNR/ADN 2009: IMDG Code 33-06: IMDG Code 34-08: pollutants to the aquatic environment environmentally hazardous substances (aquatic environment) marine pollutant environmentally hazardous substances (aquatic environment) e.g. in chapter 2.9 (classification criteria) Marine pollutant e.g. in chapter 5.4 (documentation) 3

4 1 ADR / RID / ADNR / ADN In 1995, the characteristic "environmentally hazardous" was introduced in the European Agreement Concerning the International Carriage of Dangerous Goods by Road (ADR), by Rail (RID) and by Inland Waterways (ADNR). Hitherto, the dangerous goods regulations only considered "pollutants to the aquatic environment" to be environmentally hazardous. Since the ADR/RID/ADNR 2005, these regulations contain their own classification criteria; alternatively, the hazardous labelling for use can also be used for classification. The ADR/RID/ADNR 2007 then adopted the classification criteria for substances from the GHS (Globally Harmonized System of Classification and Labelling of Chemicals). The ADR/RID/ADNR/ADN 2009 harmonize the GHS classification criteria relevant for classifying dangerous goods completely with the hazardous substance legislation, moving them from chapter 2.3 to the corresponding sub-section of class 9. For inland waterways, ADNR/ADN 2009 differs in the criteria in between carriage in packages ( ) and carriage in tankships ( ). Hereby the definition of package pursuant to ADNR/ADN includes not only packaging and IBC but also road vehicles, wagons, containers, tank containers, portable tanks, tank vehicles, tank wagons and MEGC. 1.1 General The classification of substances, solutions and mixtures as environmentally hazardous substances (aquatic environment) in class 9 is made in the manufacturer s/seller's own responsibility, as for the other classes as well. The ruling persists that only substances and mixtures that cannot be allocated to other classes or another entry of class 9 featured in chapter 3.2 table A come under UN number 3077 ENVIRONMENTALLY HAZARDOUS SUBSTANCE, SOLID and 3082 ENVIRONMENTALLY HAZARDOUS SUBSTANCE, LIQUID. However, the criteria environmentally hazardous substance (aquatic environment) shall be marked as additional hazard under ADR/RID/ADNR/ADN The documentation accompanying the transport is not changed. This means that a new situation arises as of 2009: in future, all dangerous goods must also be checked for the criterion environmentally hazardous substance (aquatic environment), regardless of whether they are already classified in one or several of the classes 1 9. However, there is an extended transition period until December 31 st, 2010 for the materials which are not already allocated today to UN numbers 3077 or 3082 (see ). 4

5 1.2 Classification on the basis of criteria Allocation of a substance, a solution or a mixture to the property environmentally hazardous (aquatic environment) is based on the criteria in (so far 2.3.5) ADR/RID/ADNR/ADN: Acute toxicity for fish Acute toxicity for daphnia Algal growth inhibition Biodegradability and bio-accumulation potential If a test has been carried out according to the criteria in section ADR/RID respectively ADNR/ADN for the carriage in packages, then these data take priority over the classification based on the labelling of the product according to the hazardous substance legislation for use (see below). The criteria in section correspond to those in the GHS (Globally Harmonized System of Classification and Labelling of Chemicals) and in the EU Directive 67/548/EC. The new European Regulation for the Classification, Labelling and Packaging of Substances and Mixtures (1272/2008/EC = CLP) based on the GHS will contain the same classification criteria. But there are differences between the EC-directive and the CLP regulation. Although they are small, they can influence the result of the classification for the transport according to ADR/RID/AND/ADNR and may result in a classification as non hazardous regarding the criteria environmental hazardous (details see chapter 1.5) As data are not available for all solutions and mixtures and the criteria correspond with those of the chemicals legislation for the labelling for use for the allocation of the hazard symbol N (in combination with R50, R50/53 or R51/53) according to EC directive 67/548/EC or 1999/45/EC, since the ADR/RID/ADNR 2005, reference is made to the labelling pursuant to these chemical legislations. This reference also persists in ADR/RID/ADNR/ADN As the new classification criteria introduced in the ADR/RID/ADNR/ADN correspond to those of the GHS, the classification according to the GHS can also be used for transport classification. However there is paragraph which overwrites the new criteria and gives a direct relation to the labelling according to EC-directive 67/548EC and 1999/45/EC. The classification according to the EC-directives has the priority. Both procedures are explained below. In future, all substances, solutions and mixtures must be tested for their impact on the aquatic environment. If not allocated otherwise, they are to be allocated to the UN numbers UN 3082 or UN

6 An independent test obligation to ascertain the eco-toxicity is not derived from the hazardous substance legislation. The need for testing and the testing scope is stipulated by the EU chemicals legislation. Pursuant to subsection , all substances, solutions and mixtures which have been allocated the hazard symbol N (in combination with R50, R50/53 or R51/53) according to the directive 67/548/EC dated 27 June 1967 (for substances as amended) or directive 1999/45/EC dated May 31 st, 1999 (for preparations as amended) are to be allocated to UN number 3082 or Annex I of directive 67/548/EC has been deleted from the directive and has been moved to the CLPregulation (Annex VI). Annex VI contains 2 lists: one list with all substances as in Annex I and with the classification and labelling information as before and one list with the same substances and the classification and labelling information according to the new rules. The classification laid down in these lists is legally binding and therefore also to be used for ADR/RID/AND/ADNR. 1.3 Classification of substances according to EU directive 67/548/EC The allocation of substances to the hazard symbol N (in combination with R50, R50/53 or R51/53) is currently still stipulated in the EU directive 67/548/EC. Annex I is no longer available (it has been deleted from the directive). It has been moved to the CLP-regulation in Annex VI. This Annex VI now contains the list of substances for which the EU has stipulated classification and labelling. Substances labelled here with the hazard symbol N (in combination with R50, R50/53 or R51/53) are to be allocated to UN numbers 3082 or 3077, packaging group III. Substances that are not contained in the Annex I are to be classified on the basis of the existing data. Access to comprehensive substance data is provided by the freely accessible ECOTOX database ( of the US Environment Protection Agency EPA and the European Substance Information System ESIS ( Substances labelled with the hazard symbol "N" (in combination with R50, R50/53, R51/53) on the basis of known data (see chapter 1.2) or by the supplier are to be allocated to the corresponding UN numbers. 6

7 1.3.2 according to GHS/CLP respectively ADR/RID/ADRN/ADN 2009 On December 31 st, 2008 the new Regulation for the Classification, Labelling and Packaging of Substances and Mixtures (CLP) has been published in the European Union. It entered into force on January 20th, It is derived from the GHS (Globally Harmonized System of Classification and Labelling of Chemicals) and is thus based on internationally harmonized classification criteria. Annex I of the EU substances directive 67/548/EC has been be adopted in this new regulation as Annex VI (Table 3.2) so that the previously valid classifications for environmentally hazardous substances (aquatic environment) do not change (caution: this does not apply to other classification criteria). There are minimal changes to the classification criteria and the test methods for the criterion environmentally hazardous (aquatic environment) previously water pollutants. The details you can find in chapter 1.5. But with the introduction of the GHS, the labelling of the hazards will change. In future, the new GHS pictogram GHS09 will replace the hazard symbol N: GHS09 Symbol N In addition, the hazard classes are being broken down into categories for handling. The category indicates the level of danger, as also applies to the packaging groups. In the EU, the following categories are intended for the classification criterion environmentally hazardous (aquatic environment): acute (short-term) hazardous to the aquatic environment category 1 chronic (long-term) hazardous to the aquatic environment category 1 chronic (long-term) hazardous to the aquatic environment category 2 chronic (long-term) hazardous to the aquatic environment category 3 chronic (long-term) hazardous to the aquatic environment category 4 The categories acute category 1 chronic category 1 chronic category 2 result in labelling according to the regulation for dangerous goods transport; if not already allocated to one of the classes 1 8 or to another entry in class 9, they are to be allocated to UN numbers 3082 or 3077 with packaging group III. And so in this case, the category in hazardous substance legislation for use (CLP) and the packaging group in transportation legislation are not harmonized, as there is still only packaging group III assigned to environmentally hazardous substances and mixtures. 7

8 If the classification criteria are fulfilled, the product is to bear the following mark: This marking differs from the GHS pictogram: for transport the frame is black for use the frame is red! See 1.5 and 4 for transition periods and labelling exemptions. 1.4 Classification of solutions and mixtures according to EU directive 1999/45/EC The allocation of solutions and mixtures (preparations) to hazard symbol N (in combination with R50, R50/53, R51/53) is stipulated in the EU directive 1999/45/EC. This EU directive stipulates the calculation procedure with concentration limit values. The concentrations indicated in percentages by weight in the following tables apply to the following cases: the solution/mixture/preparation only contains one component that has been allocated one of the R-phrases R50, R50/53 or R51/53; the solution/mixture/preparation contains several components that have each been allocated the same R-phrase (R50, R50/53 or R51/53). In this case, the percentages by weight are added; if the solution/mixture/preparation contains several components with differing R-phrases (R50, R50/53, R51/53), the calculation procedure stipulated in the EU directive 1999/45/EC should be used, bearing in mind that EU directive 67/548/EC has allocated individual limit values to some substances. Table 1a: Acute aquatic toxicity and long-term adverse effects Classification of the Classification of the preparation substance N, R N, R R N, R see table 1b see table 1b see table 1b N, R concentration > 25% 2.5% > concentration < 25% R concentration > 25% = dangerous goods class 9, UN number 3082 or 3077 and/or "fish and tree" mark 8

9 Table 1b: LC50 or EC50 value ("L(E)C50") of the substance classified as N, R (mg/l) Classification of the preparation N, R N, R R < L(E)C50 > 1 Cn > 25% 2.5% < Cn < 25% 0.25% < Cn < 2.5% 0.01 < L(E)C50 > 0.1 Cn > 2.5% 0.25% < Cn < 2.5% 0.025% < Cn < 0.25% < L(E)C50 > 0.01 Cn > 0.25% 0.025% < Cn < 0.25% % < Cn < 0.025% < L(E)C50 > Cn > % % < Cn < 0.025% % < Cn < % < L(E)C50 > Cn > % % < Cn < % % < Cn < % For preparations containing substances with an LC50 or EC50 value below mg/l, the concentration limit values are calculated accordingly (in intervals with a factor of 10) = dangerous goods class 9, UN number 3082 or 3077 and/or "fish and tree" mark Table 2: Acute aquatic toxicity LC50 or EC50 value ("L/E)C50") of the substance Classification of the preparation N, R 50 classified as N, R (mg/l) 0.1 < L(E)C50 < 1 Cn > 25% 0.01 < L(E)C50 < 0.1 Cn > 2.5% < L(E)C50 < 0.01 Cn > 0.25% < L(E)C50 < Cn > % = dangerous goods class 9, UN number 3082 or 3077 and/or "fish and tree" mark Table 3: Aquatic toxicity Classification of the substance Classification of the substance R 52 Concentration > 25% Not restricted according to the regulations for the transport of dangerous goods Table 4: Longer-term adverse effects Classification of the substance Classification of the preparation R 53 R 53 Concentration > 25% N, R Concentration > 25% N, R Concentration > 25% R Concentration > 25% = dangerous goods class 9, UN number 3082 or 3077 and/or "fish and tree" mark If accordingly the hazard symbol N (R50, R50/53, R51/53) is to be allocated to the preparation, it has to be labelled with the "fish and tree" mark; if not already allocated to another entry in classes 1 9, it needs to be allocated to the UN-numbers UN 3082 or UN 3077, packaging group III. 9

10 See 1.5 and 4 for transition periods and labelling exemptions. The preparation directive has been harmonized with the GHS classification criteria, so that in principle, this calculation formula also remains valid even after introduction of the GHS (differences for substances, see chapter 1.5) according to GHS/CLP respectively ADR/RID/ADNR/ADN 2009 The new procedure used according to GHS and ADR/RID/ADNR/ADN is as follows, whereby ADR/RID/ADNR/ADN only feature the categories hazardous to the aquatic environment acute category 1 and hazardous to the aquatic environment chronic category 1 and 2 which result in labelling according to transportation legislation. All categories are listed below, for the sake of clarity. Sum of ingredients classified as: hazardous to the aquatic environment, acute category 1 x M > 25% chronic, category 1 x M > 25% (M x 10 x chronic, category 1) + chronic, category 2 > 25% (M x 100 x chronic, category 1) + (10 x chronic, category 2) + chronic, category 3 > 25% (M x 100 x chronic, category 1) + (10 x chronic, category 2) + chronic, category 3 > 25% chronic, category 1 + chronic, category 2 + chronic, category 3 + chronic, category 4 > 25% Mixture is classified as: hazardous to the aquatic environment, acute category 1 hazardous to the aquatic environment, chronic category 1 hazardous to the aquatic environment, chronic category 2 hazardous to the aquatic environment, chroniccategory 2 hazardous to the aquatic environment, chronic category 3 hazardous to the aquatic environment, chronic category 4 = dangerous goods class 9, UN number 3082 or 3077 and/or "fish and tree" mark The M factor (see table above) was introduced for highly toxic components and is derived from the L(E)C 50 value as follows: Multiplying factors for highly toxic ingredients of mixtures L(E)C50 value Multiplication factor (M) 0.1 < L(E)C50 < < L(E)C50 < < L(E)C50 < < L(E)C50 < < L(E)C50 < (continue in factor 10 intervals) Summary The classification criteria for the attribute hazardous to the environment (aquatic environment) of EU the directives (67/548/EC and 1999/45/EC), the classification, labelling and packaging regulation (1272/2008/EC, CLP) and the ADR/RID/ADNR/ADN (apart from inland waterways, see 1.4.4) for substances, 10

11 solutions and mixtures have been completely harmonized, i.e. the classification according to hazardous substance legislation always corresponds with the classification according to dangerous goods legislation. Sub-section once again makes it quite clear that all substances and mixtures that have been allocated hazard symbol N (with R-phrases R50, R50/53 or R51/53) in hazardous substance legislation (currently valid EC directives, see above), also have to be transported as dangerous goods in class 9. The differences between the EC-directives and CLP / ADR/RID/AND/ADNR / IMDG-Code and IATA are explained in chapter 1.5. In reverse, substances, solutions and mixtures that have not been allocated the symbol N (with the R-phrases R50, R50/53 or R51/53) are also not environmentally hazardous substances, solutions or mixtures (aquatic environment) in dangerous goods legislation Special aspects for inland waterways The new chapter 2.4 ADNR/ADN will in future contain the criteria for environmentally hazardous substances being carried in tankships. These criteria abbreviated to N1, N2, N3 apply to substances posing hazards to the aquatic environment. Similarly, chapter 2.4 also includes criteria for substances with properties that are carcinogenic, mutagenic or toxic to reproduction (CMR) and for substances or mixtures which are floaters (float on the surface of the water, do not evaporate and are not likely to dissolve in water) or sinkers (sink to the waterway bed and are not likely to dissolve in water. 1.5 Differences between the EC-directive and the CLP regulation and its influence on the classification The classification criteria for the acute aquatic toxicity in the ERC directive 67/548/EC and the CLP- regulation 1272/2008/EC are mostly harmonised. There is a difference regarding the evaluation of the chronic hazards for the aquatic environment in category 2 (see underlined text below). Because of this differences it the applicon of the criteria in the EC-directive could leas to a classification as environmentally hazardous, whereas the application of the ADR / CLP criteria could result in the classification as non hazardous for the environment. Based on the subchapter this could lead to a classification for ADR as hazardous and according to CLP as non hazardous for the environment. Chronic (long-term) aquatic hazard category 1: the substance is not rapidly degradable and/or the experimentally determined BCF 500 (or, if absent, the log Kow 4). Chronic (long-term) aquatic hazard category 2: the substance is not rapidly egradable and/or the experimentally determined BCF 500 (or, if absent, the log Kow 4), unless the chronic toxicity NOECs are > 1 mg/l. 11

12 CLP 67/548/EWG experimentally determined BCF 500 l/kg 100 l/kg Log K OW 4 3 The NOEC for declassification is only relevant for category 2. A complete overview on all classification criteria and there variance you will find on the next page. Substances need to be classified according to the new regulation on classification, labelling and packaging of substances and mixtures until December 1 st, From this point on the differences regarding the classification criteria will no longer be of any importance, although the Directive 67/548/EEC shall be repealed with effect from June 1 st, The Material Safety Data Sheet (MSDS) will carry the information until the EC directive will be repealed. For mixtures the transition period ends on June 1 st,

13 1272/2008/EG 67/548/EWG ADR2009 GHS Acute (short-term) aquatic hazard Acute Category 1 96 hr LC50 (for fish) 1 mg/l and/or identical identical identical 48 hr EC50 (for crustacea) 1 mg/l and/or identical identical identical 72 oder 96 hr ErC50 (for algae or other aquatic plants) 1 mg/l Note 2 identical identical identical Chronic (long-term) aquatic hazard Chronic Category 1 Note 1 96 hr LC50 (for fish) 1 mg/l and/or identical identical identical 48 hr EC50 (for crustacea) 1 mg/l and/or identical identical identical 72 oder 96 hr ErC50 (for algae or other aquatic plants) 1 mg/l and identical identical identical the substance is not rapidly degradable and/or identical identical identical the experimentally determined BCF 500 or BCF 100 identical identical or, if absent log Kow 4 log Pow 3 identical identical Chronic Category 2 96 hr LC50 (for fish) > 1 bis 10 mg/l and/or identical identical identical 48 hr EC50 (for crustacea) > 1 bis 10 mg/l and/or identical identical identical 72 oder 96 hr ErC50 (for algae or other aquatic plants) > 1 bis 10 mg/l Note 2 identical identical identical the substance is not rapidly degradable identical identical identical the experimentally determined BCF 500 or BCF 100 identical identical or, if absent log Kow 4) log Pow 3 identical identical unless the chronic toxicity NOECs are > 1 mg/l. missing identical identical 13

14 1.6 Labelling and Placarding ADR/RID/ADNR/ADN Packages (including large packagings), tank-vehicles, tank containers, demountable tanks, bulk containers and rail tankcars that fulfil the criterion environmentally hazardous (aquatic environment) must be marked with the following fish and tree mark ( ). This has no figure in the lower third: This labelling/placarding does not occur on its own, as it does not affect the labelling of the packages (including large packagings), and placarding of tank vehicles, tank containers, demountable tanks, bulk containers and rail tankcars with all labels/placards of the corresponding classes. The following labels/placards would then be necessary for UN numbers UN 3082 respectively UN 3077: UN3077 UN numbers in classes 1-8 requiring a label/placard result in the corresponding combination. For example, a paint that fulfils the criterion of being environmentally hazardous (aquatic environment) requires the following combination of placards and labels: UN1210 The criterion environmentally hazardous (aquatic environment) must be marked as an additional hazard. Such mandatory labelling does not apply to single packagings and composite packaging with: a content of max. 5 l for liquid substances or a content of max. 5 kg for solid substances 14

15 and limited quantities (as these are exempt from all regulations of the ADR/RID/ADNR/ADN, apart from those described in chapter 3.4 ADR/RID/ADNR/ADN) Packages (including large packagings) are also to be marked clearly and durably with the UN number ( ADR/RID/ADNR/ADN). The label for environmentally hazardous substances shall be located adjacent to the labelling specified according to sub-section ADR/RID/ADNR/ADN (UN number). The requirements of sub-sections ADR/RID/ADNR/ADN (readily visible and legible; able to withstand weather exposure) and ADR/RID/ADNR/ADN (IBCs and large packagings on two opposite sides) shall be fulfilled. However, an extended transition period until December 31th, 2010 can be applied for this new mandatory marking in chapter 1.6 ADR/RID/ADNR/ADN, but this is limited to materials not allocated to UN numbers 3082 respectively 3077: Substances of classes 1 to 9 other than those assigned to UN Nos or 3082 to which the classification criteria of have not been applied and which are not marked in accordance with and may still be carried until December 31 st, 2010 without application of the provisions concerning the carriage of environmentally hazardous substances. MD/G For carriage in packages, substances of classes 1 to 9 other than those assigned to UN Nos or 3082 to which the classification criteria of have not been applied and which are not marked in accordance with and may still be carried until December 31 st, 2010 without application of the provisions concerning the carriage of environmentally hazardous substances. Tanker vehicles, tank containers, demountable tanks, bulk containers and rail tankcars are to be marked with orange-coloured plates with the following marking: 90 or

16 ADR/RID/ADNR/ADN flow diagram: Fulfils the criteria of classes 1 9 apart from yes no Fulfils the criteria of environmentally hazardous (aquatic environment)* ( ) Fulfils the criteria of environmentally hazardous (aquatic environment)* ( ) yes no yes no Marked with the UN number and the labels / placards of the allocated classes and also fish and tree Marked with the UN number and the labels / placards of the allocated classes Allocated to UN-number 3082 or 3077 Marked with the UN-number, label/placard No. 9 and "fish and tree Not restricted * Data according to are available and/or marked with hazard symbol N and R-phrases 50; R50/53 or R51/53 according to EC directive 67/548/EC or 1999/45/EC 16

17 2 Sea transport (IMDG code) The criteria for environmentally hazardous substances (aquatic environment) have now been harmonized between the transport modes road, rail, water and air. However, the list of marine pollutants in the IMDG Code remains so that there are certain differences for sea transport. Beside the list of marine Pollutant there is also no reference to the EC-directives 67/5487Ec and 199/45/EC in the IMDG-Code or in the IATA/IACO-TI) and therefore the direct link to the labelling with symbol N (and the R-phrases R50, R51/52 or R 51/63) is missing, because both transport regulations are international regulations, which cannot refer to national EU- laws. The definition of marine pollutants previously used in sea transport has been supplemented with the classification criteria for environmentally hazardous substances (aquatic environment). The index of the IMDG Code further on contains a list of the substances and articles identified as marine pollutants. The allocation in the IMDG Code is therefore based both on the list principle and on the classification made in the consignor's own responsibility. The marking has been harmonized with road and rail transport: for all these transport modes, the property of being environmentally hazardous (aquatic environment) must be indicated as an additional danger. In contrast to land transport, the IMDG Code also requires the transport document to bear the additional remark with the words "Marine Pollutant". The marking is changed. The previously valid marking (Marine Pollutant) is replaced by the "fish and tree" mark. During the transition period the user can choose, which label he wants to use. Exempted from this marking obligation are single and combined packagings with a content of max. 5 l for liquid substances or a content of max. 5 kg for solid substances limited quantities As the classification "Severe Marine Pollutant" has been deleted, the corresponding quantity thresholds of 500 ml / 500 g have also been deleted together with the special provision

18 The following cases are possible: The substance or preparation/mixture fulfils the criteria pursuant to and the criteria in one of the classes 1 to 9 (without 2.9.3). The substance/solution/mixture is then to be classified accordingly and also to be marked and declared as environmentally hazardous (aquatic environment). o Example: UN 1133, Adhesive (Technical name of the Marine Pollutant), 3, III, Marine Pollutant The substance or preparation/mixture fulfils the criteria pursuant to and not the criteria in one of the classes 1 to 9 (without 2.9.3). The substance/solution/mixture is then to be allocated to the UN number 3082 or 3077, PG III and also to be marked and declared as environmentally hazardous (aquatic environment). o Example: UN 3077 Environmentally hazardous substance, liquid, n.o.s. (Technical name of the Marine Pollutant), 9, III, Marine Pollutant Marine pollutants marked in table 3.2 of the IMDG Code with letter P or named in the index and fulfilling the criteria in one of the classes 1 to 9 (without 2.9.3) are to be classified accordingly and also to be marked and declared as environmentally hazardous (aquatic environment). o Example: UN 1993 Flammable liquid, n.o.s. (Technical Name for the hazards and Technical name of the Marine Pollutant), 3, II, Marine Pollutant 18

19 Marine pollutants marked in table 3.2 of the IMDG Code with letter P or named in the index and not fulfilling the criteria in one of the classes 1 to 9 (without 2.9.3) are to be allocated to the UN number 3082 or 3077, PG III and also to be marked and declared as environmentally hazardous (aquatic environment). o Example: UN 3077 Environmentally hazardous substance, liquid, n.o.s. (Technical name of the listed Marine Pollutant), 9, III; Marine Pollutant The differentiation between "Marine Pollutant" and "Severe Marine Pollutant" no longer applies. All substances previously marked with PP as "Severe Marine Pollutant" are marked in amendment with P as "Marine Pollutant". The allocation for mixtures with limit values 1% resp. 10% no longer applies. They are to be classified according to the criteria in Similarly the marking is omitted in the table and in the index for generic entries. Chapter is deleted (reference to GESAMP). 19

20 Flow diagram: (IMDG Code, substances) Substance fulfils criteria of 2.9.3* yes no Fulfils the criteria of other classes 1-9 yes marked with P in table 3.2 no yes no Fulfils the criteria of other classes 1-9 Marking with UN-number, PSN and the labels of the allocated classes and also fish and tree. Declaration as Marine Pollutant in the transport papers. Allocation to UN-number 3082 or 3077 and marking with UN-number, PSN and the labels of the allocated classes and also fish and tree. Declaration as Marine Pollutant in the transport papers. yes Marking with UN-number, PSN and the labels of the allocated classes no Not restricted PSN = Proper Shipping Name * Data according to are available 20

21 Flow diagram: (IMDG Code, mixtures) mixture fulfils criteria of 2.9.3* yes no Fulfils the criteria of other classes 1-9 Fulfils the criteria of other classes 1-9 yes no yes no Marking with UN-number, PSN and the labels of the allocated classes and also fish and tree. Declaration as Marine Pollutant in the transport papers. Allocation to UN-number 3082 or 3077 and marking with UN-number, PSN and the labels of the allocated classes and also fish and tree. Declaration as Marine Pollutant in the transport papers. Marking with UN-number, PSN and the labels of the allocated classes Not restricted PSN = Proper Shipping Name * Data according to are available 21

22 3 Air transport (ICAO-TI and IATA-DGR) IATA-DGR and ICAO-TI have implemented a direct reference to the classification criteria in the UN Model regulations in chapter for IATA-DGR and in the ICAO-TI. Beside that there is still the reference to national and international regulations, which hold classification criteria for the hazard environmentally hazardous (aquatic environment) with this also the classification criteria laid down in EC-directive 67/548/EC and 1999/45/EC are relevant, via the ADR/RID regulation (see also special provision 97). Substances, solutions and mixtures that have not been allocated to class 1 8 or other hazards of class 9 are allocated to the UN numbers UN 3077 and UN 3082 with packing group III. Both UN-numbers need to be marked in addition to the class 9 label with the fish and tree mark There is an exemption in these regulations as well for containers with less than 5 litres or 5 kilograms (inner or single package) The marking is identical with that for ADR/RID/ADNR/ADN and the IMDG Code. Actually, the additional marking (allocation to other UN numbers than UN 3077 or UN 3082) as environmentally hazardous (aquatic environment, "fish and tree) based on regulations for other modes of transport should not cause problems in air transport, because the following provisions of the IATA-DGR permit additional labels and/or markings: IATA-DGR Markings corresponding to other regulations Markings specified by other international or national transport regulations are also permitted in addition to those required by this regulation, on condition that their colour, form or depiction does not cause any contradiction or confusion with the markings demanded by this regulation IATA-DGR Danger labels of other regulations Labels specified by other international or national transport regulations are also permitted in addition to those required by this regulation, on condition that their colour, form or depiction does not cause any contradiction or confusion with the markings demanded by this regulation. 22

23 4 Summary of the transitional provisions / Multilateral agreements Expiry of the transition periods for labelling with the "fish and tree" mark when fulfilling the criteria for environmentally hazardous (aquatic toxicity) for packagings of more than 5 kg or 5 l. Exemptions from such mandatory labelling also include limited quantities (ADR/RID/ADNR/ADN/IMDG Code) and excepted quantities (ADR/RID/ADNR/ADN/IMDG Code and IATA-DGR/ICAO-TI). Regulation Products allocated UN numbers UN 3077 or UN 3082 (exception: see above) Products allocated to one or several of the classes 1 9 and fulfilling the criteria for environmentally hazardous (aquatic environment) (exception: see above) ADR/RID/ADNR/ADN June 31 st, ) December 31 st, 2010 IMDG CODE December 31 st, 2009 December 31 st 1th, 2009 IATA-DGR / ICAO-TI December 31 st, 2008 (no transition period) No marking necessary 1) MLA 206 can be used if signed in all countries affected by the transport. An entry also in the transport document (additional entry: Marine Pollutant and possibly also an indication of the danger trigger) is necessary only for sea transport. Multilateral agreements Multilateral agreement M 205 / RID 2/2009 This multilateral agreement stipulates the labelling and marking of substances in class 9 transported in a transport chain (according to ) and not yet classified as environmentally hazardous (aquatic environment) according to the IMDG Code or ICAO-TI. In this case, the packages, containers, portable tanks and tank containers containing such substances do not have to be labelled and marked according to ADR/RID on the way to or from the port/airport. A transport document is necessary which must contain the following sentence in addition to the specified details: for RID: Carriage under the terms of section RID (RID 2/2009) for ADR: Carriage under the terms of section of ADR (M 205) 23

24 The multilateral agreement MLA 205 has been signed so far by: UK, Denmark, Belgium, Finland and Italy. In these countries it is valid until June 1 st, Germany signed as well, but for a shorter period, until December 31 st, It can be downloaded from Multilateral Agreement M 206 This Multilateral Agreement allows a longer transition period until December 31 st, 2009 for the marking with the fish and tree mark for the UN-numbers 3077 and 3082 according to ADR. It has been signed so far from UK, France, Belgium and Germany (July 2 nd, 2009). It can be downloaded from German multilateral agreements: Deutschland.pdf ADR: RID: 24

25 5 Special provisions In the case of certain substances, the classification as environmentally hazardous substance (aquatic environment) can also be influenced by special provisions of the dangerous goods regulations. 5.1 Viscous substances Viscous substances with a flash-point above 23 C in receptacles less than 450 litres according to ADR/RID/ADNR/ADN respectively 30 l according to the IMDG Code are not subject to these dangerous goods regulations. As from 2009 (European land mode) and 2010 (sea mode), this exemption cannot be used for environmentally hazardous substances any longer. Such viscous substances then shall be classified into class 3 and the packages shall be additionally marked with the "fish and tree" symbol. 5.2 New Special Provision 335 for non-dangerous solids containing environmentally hazardous liquid substances (e.g. cleaning tissues) A new Special Provision 335 for non-dangerous solids containing environmentally hazardous liquids has been included in the dangerous goods regulations as follows: ADR/RID/ADNR/ADN Mixtures of solids which are not subject to the provisions of the ADR/RID/ADNR/ADN and environmentally hazardous liquids or solids are to be assigned to UN 3077 and may be transported as UN 3077, provided there is no free liquid visible at the time the substance is loaded or at the time the packaging, wagon or container is closed. Each wagon or each container shall be leak proof when used for carriage as loose bulk. If free liquid is visible at the time the substance is loaded or at the time the packaging, wagon or container is closed, the mixture shall be allocated UN number Sealed packets and articles containing less than 10 ml of an environmentally hazardous liquid, absorbed into a solid material but with no free liquid in the packet or article, or containing less than 10 g of an environmentally hazardous solid, are not subject to the provisions of the ADR/RID/ADNR/ADN. IMDG Code 335 Mixtures of solids which are not subject to the provisions of this Code and environmentally hazardous liquids assigned to UN 3082 may be classified and transported as UN 3077, provided there is no free liquid visible at the time the substance is loaded or at the time the packaging or cargo transport unit is closed. Each cargo transport unit shall be leak proof when used as a bulk packaging. Sealed packets and articles containing less than 10 ml of an environmentally hazardous liquid assigned to UN 3082, absorbed into a solid material but with no free liquid in the packet or article, or containing less than 10 g of an environmentally hazardous solid assigned to UN 3077, are not subject to the provisions of this Code. 25

26 5.3 Relief regarding the packaging requirements for receptacles smaller than 5 L As from 2009, the relief for paints (UN 1210 / UN 1263), adhesives (UN 1133) and resin solutions (UN 1866) regarding the packaging requirements for receptacles smaller than 5 L shall also apply to environmentally hazardous paints, adhesives and resin solutions. Amend Special Packing Provision PP1: "For UN Nos. 1133, 1210, 1263 and 1866 and for adhesives, printing inks, printing ink related materials, paints, paint related materials and resin solutions which are assigned to UN 3082, metal or plastics packagings for substances of packing groups II and III in quantities of 5 litres or less per packaging are not required to meet the performance tests in Chapter 6.1 when carried:". 26