Republic of Serbia Negotiating Group on Transport BILATERAL SCREENING MEETING. Chapter 14: Transport Policy Dangerous goods

Transcription

1 Republic of Serbia Negotiating Group on Transport BILATERAL SCREENING MEETING Chapter 14: Transport Policy Dangerous goods Brussels, 24-26

2 EUROPEAN DIRECTIVE Directive 2008/68/EC of the European Parliament and of the Council of 24 September 2008 on the inland transport of dangerous goods

3 Legal framework: Law on Transport of Dangerous Goods ( Official Gazette of the RS, 88/2010 ), Law on Ratification of the European Agreement concerning the International Carriage of Dangerous Goods by Inland Waterways - ADN 2007 ( Official Gazette of the RS, International Treaties No. 3/10) Law on Ratification of the European Agreement concerning the International Carriage of Dangerous Goods by Road (ADR) ( Official Gazette of the RS, International Treaties No. 2/10) Law on Ratification of the Protocol from 3 June 1999 amending the Convention on the International Carriage by Rail (COTIF) from 9 May 1980 (Protocol of 1999) and the Convention concerning International Carriage by Rail (COTIF) from 9 May 1980 in version of the Protocol of Modification from3 June 1999 ( Official Gazette of the RS, International Treaties No. 102/2007) 3

4 Article 2 The carriage of dangerous goods shall be performed in accordance with provisions of ratified international agreements, provisions of this Law and bylaws enacted pursuant to this Law. Ratified international agreements shall include: The European Agreement concerning the International Carriage of Dangerous Goods by Road (ADR); Agreement on the Acceptance of Uniform Terms for Homologation and Reciprocal Recognition of Equipment and Motor Vehicles Spare Parts ( Official Gazette of the FNRY International Agreements, No. 5/62); 4

5 Annex C to the Convention concerning International Carriage by Rail (COTIF) Rulebook on the international carriage of dangerous goods by rail (RID); Annex 18 to the Convention concerning International Civil Aviation Safe Transport of Dangerous Goods by Air and ICAO Document 9284 AN/905 Technical Instructions for the Safe Transport of Dangerous Goods by Air; The European Agreement concerning the International Carriage of Dangerous Goods by Inland Waterways (ADN); Convention on the Physical Protection of Nuclear Materials. 5

6 Notified body for vehicles Vinča Institute of Nuclear Sciences, Center for Motors and Vehicles, Vinča Laboratory CIAH, Faculty of Mechanical Engineering, Belgrade Laboratory for motor vehicles, Faculty of Technical Sciences, Novi Sad Center for motors and vehicles, Faculty of Mechanical Engineering, Niš Faculty of Engineering Sciences, Kragujevac АМСС Center for motor vehicles, Belgrade 6

7 EUROPEAN DIRECTIVE Council Directive 95/50/EC of 6 October 1995 on uniform procedures for checks on the transport of dangerous goods by road 7

8 Rules on criteria according to which violations of dangerous goods transport regulations are classified according to the category of danger ( Official Gazette of the Republic of Serbia, No. 108/14) 8

9 This Rulebook prescribe the criteria according to which violations of the international agreements referred to in Article 2, Paragraph 2 of the Law on Transport of Dangerous Goods. The Law and the rulebook adopted based on the Law are classified according to the category of risk of occurrence of consequences in the transport of dangerous goods. 9

10 The risk of the occurrence of the consequences of the transport of dangerous goods due to failure to observe the Regulation is classified in accordance with the Law in three categories as follows: Risk Category 1 is a danger to the life of people or environmental pollution with consequences which elimination is time-consuming and expensive; Risk Category 2 is a danger of causing serious bodily injury to a person or significant environmental pollution and pollution of the environment in a wider area; Risk Category 3 is a danger of causing light bodily injury to a person or insignificant environmental pollution. 10

11 ANNEX II Risk Category 1 in the transport of dangerous goods in road transport shall exist if: 1. The dangerous goods being carried are prohibited for transport 2. Leakage of dangerous substances 3. Carriage by a prohibited mode or an inappropriate means of transport 4. Carriage in bulk in a container which is not structurally serviceable 5. Carriage in a vehicle without an appropriate certificate of approval 6. Vehicle no longer complies with the approval standards and presents an immediate danger (otherwise it goes in risk category II) 7. Non-approved packaging is used 8. Packaging does not conform to the applicable packing instruction 9. The special provisions for mixed packing have not been complied with 11

12 ANNEX II INFRINGEMENTS 10. The rules governing the securing and stowage of the load have not been complied with 11. The rules governing mixed loading of packages have not been complied with 12. The permissible degrees of filling of tanks or packages have not been complied with 13. The provisions limiting the quantities carried in one transport unit have not been complied with 14. Carriage of dangerous goods without any indication of their presence (e.g. documents, marking and labelling on the packages, placarding and marking on the vehicle) 15. Carriage without any placarding and marking on the vehicle 12

13 ANNEX II INFRINGEMENTS 16. Information relevant to the substance being carried enabling determination of a risk category I offence is missing (e.g. UN number, proper shipping name, packing group) 17. Driver does not hold a valid vocational training certificate 18. Fire or an unprotected light is being used 19. The ban on smoking is not being observed 13

14 ANNEX II INFRINGEMENTS Risk Category 2 in the transport of dangerous goods in road transport shall exist if 1. The transport unit comprises more than one trailer/semi-trailer 2. Vehicle no longer complies with the approval standards but does not present an immediate danger 3. The vehicle is not carrying operational fire extinguishers as required; a fire extinguisher can still be deemed operational if only the prescribed seal and/or the expiry date are missing; however, this does not apply if the fire extinguisher is visibly no longer operational, e.g. pressure gauge at 0 4. The vehicle does not carry the equipment required in the ADR or in the instructions in writing 5. Test and inspection dates and use periods of packaging, IBCs or large packaging have not been complied with 14

15 ANNEX II INFRINGEMENTS 6. Packages with damaged packaging, IBCs or large packaging or damaged uncleaned empty packaging are being carried 7. Carriage of packaged goods in a container which is not structurally serviceable 8. Tanks/tank containers (including ones that are empty and uncleaned) have not been closed properly 9. Carriage of a combination packaging with an outer packaging which is not closed properly 10. Incorrect labelling, marking or placarding 11. There are no instructions in writing conforming to the ADR, or the instructions in writing are not relevant to the goods carried 12. The vehicle is not properly supervised or parked. 15

16 ANNEX II INFRINGEMENTS Risk Category 3 in the transport of dangerous goods in road transport shall exist if: 1. The size of placards or labels or the size of letters, figures or symbols on placards or labels does not comply with the regulations 2. Information in the transport documentation other than that in risk category I/(16) is not available 3. The training certificate is not on board the vehicle but there is evidence that the driver holds it. 16

17 Date Place of control The number of checks Vehicle registration country/ number of controlled vehicles / violation of ADR Number of violations of ADR provisions Category I Category II Category III Beograd, Bubanj potok 10 SRB8/1(1) SLO Niš 9 SRB 5/1(1) BG 3 TR Šimanovci 8 SRB 6/3(6) GR 1/1(4) HR Niš 3 SRB 1 BG 1 TR Šimanovci 7 SRB5 BIH Beograd, Bubanj potok 6 SRB4/2(4) TR Šimanovci 5 SRB 4/3(7) BIH Sirig 6 SRB 4/3(10) BIH 1 BG Pirot 3 SRB 2 TR Vranje 8 SRB 5/2(7) Niš 2 TR 1 BG1 0 17

18 EUROPEAN DIRECTIVE Directive 2010/35/EU of the European Parliament and of the Council of 16 June 2010 on transportable pressure equipment and repealing Council Directives 76/767/EEC, 84/525/EEC, 84/526/EEC, 84/527/EEC and 1999/36/EC 18

19 Rulebook on transportable pressure equipment ( Official Gazette of the Republic of Serbia, No. 30/14) 19

20 RULEBOOK ON TRANSPORTABLE PRESSURE EQUIPMENT This Rulebook shall specify safety requirements, conformity assessment procedures for transportable pressure equipment, conformity markings and the requirements for issuing and revoking the notification for transportable pressure equipment conformity assessment. 20

21 RULEBOOK ON TRANSPORTABLE PRESSURE EQUIPMENT The transportable pressure equipment mean: all pressure receptacles, their valves and other accessories when appropriate, as well as gas cartridges (UN 2037), as covered in Chapter 6.2 of the European Agreement concerning the International Carriage of Dangerous Goods by Road (hereinafter: ADR) and Annex C to the Convention concerning International Carriage by Rail (COTIF) - Regulations concerning the International Transport of Dangerous Goods by Rail tanks, battery vehicles/wagons, multiple-element gas containers (MEGCs), their valves and other accessories when appropriate, as covered in Chapter 6.8 ADR/RID, provided that the equipment referred to in item 1) and 2) hereof is used in accordance with ADR/RID, for the transport of Class 2 and other classes dangerous goods referred to in Annex 1 - List of Dangerous Substances not belonging to class 2, printed along with this Rulebook and constituting its integral part. 21

22 RULEBOOK ON TRANSPORTABLE PRESSURE EQUIPMENT 1) This Rulebook shall be applied to: new equipment when it is placed on the market; existing equipment which is produced and placed on the market before entering of this Rulebook into force and which meets the requirements for conformity assessment under ADR/RID and the European Agreement concerning the International Carriage of Dangerous Goods by Inland Waterways (АDN). 2) This Rulebook shall not apply to: equipment for carriage of dangerous goods of class 2 with figures 6 and 7 in the classification code; aerosol (UN 1950), open cryogenic receptacles, gas cylinders for breathing apparatus, fire extinguishers (UN 1044), transportable equipment exempt in accordance with item ADR/RID/ADN and the equipment exempted from the rules for construction and testing of packaging in accordance with the provisions of Chapter 3.3 ADR/RID/ADN. 22

23 RULEBOOK ON TRANSPORTABLE PRESSURE EQUIPMENT Safety requirements for transportable pressure equipment when placing it on the market and during its lifecycle The following requirements shall apply to transportable pressure equipment to ensure its safety when being placed on the market and during its lifecycle: When placing the equipment on the market, the manufacturer, importer, distributor, owner shall ensure that it is designed, produced and accompanied by documents in accordance with this Rulebook and ADR/RID/ADN. Obligations of manufacturers, distributors, owners, importers are prescribed by this Rulebook. 23

24 RULEBOOK ON TRANSPORTABLE PRESSURE EQUIPMENT Equipment Conformity Procedure for Conformity Assessment 1) The procedure of conformity assessment of new equipment shall be conducted in accordance with ADR/RID/ADN. 2) The procedure of conformity assessment of the existing equipment and affixing of the conformity markings on the equipment shall be in accordance with Attachment 3 - Procedure for assessing the conformity of existing transportable pressure equipment 3) A separate procedure of conformity assessment may be conducted for detachable pieces of equipment that can be refilled. 24

25 RULEBOOK ON TRANSPORTABLE PRESSURE EQUIPMENT Conformity Marking (1) The equipment which conforms to the requirements under this Rulebook shall be marked with the conformity marking in accordance with Attachment 4 Conformity Marking of Rulebook. (2) The conformity marking shall be affixed only by equipment manufacturer, except in case provided for in Article 7 of Rulebook. 25

26 RULEBOOK ON TRANSPORTABLE PRESSURE EQUIPMENT Method of Affixing Conformity Marking (1) The conformity marking shall be affixed to the equipment to be visible, legible and permanent, or on its plate containing data, as well as on all detachable parts of equipment that can be refilled and which directly ensure safety. (2) The conformity marking shall be affixed before new equipment or detachable parts of the equipment that can be refilled and which directly ensure safety are placed on the market. (3) The identification number of the notified body that has performed the first inspection and testing shall be affixed below the conformity marking. (4) The identification number shall be affixed by the body or by the manufacturer in accordance with its instructions. 26

27 RULEBOOK ON TRANSPORTABLE PRESSURE EQUIPMENT (5) In addition to the date of periodic inspection or interim inspection, the identification number of the notified body responsible for periodic inspection or interim inspection shall be affixed as well. (6) By affixing the conformity marking, the manufacturer shall assume the responsibility for the conformity of the equipment with the requirements set forth in this Rulebook and ADR/RID/ADN. (7) Markings, symbols and signs that may mislead others as to the meaning or form of the conformity marking must not be affixed to the equipment. (8) Any other marking shall be affixed to the equipment in such a way that the visibility, legibility and meaning of the conformity marking are not thereby diminished. (9) Detachable parts of equipment which can be refilled, which directly ensure safety shall be designated with the conformity marking. 27

28 RULEBOOK ON TRANSPORTABLE PRESSURE EQUIPMENT Notified Body and Conformity Assessment of the Existing Equipment Requirements pertaining to the Notified Body The Authority for Transport of Dangerous Goods, in accordance with the Law governing the carriage of dangerous goods, shall appoint a company, institution or other legal entity or part thereof for conformity assessment and conformity assessment of the existing equipment, which meets the requirements laid down in this Rulebook and ADR/RID/ADN. 28

29 RULEBOOK ON TRANSPORTABLE PRESSURE EQUIPMENT Notification The Authority shall conduct the procedure and issue the document on the notification in accordance with the law governing technical requirements for products and conformity assessment and by-laws enacted based on that Law. Changes to Notification (1) If it is established that the notified body no longer meets the requirements or that it does not fulfil its obligations, the Authority may revoke or change the notification and inform the authority in charge of keeping the register of notified bodies. (2) if the notified body ceased to perform its activities, the documentation regarding the procedures conducted by that body shall be taken over by another notified body or the documentation shall be made available to the inspector for dangerous goods carriage. 29

30 RULEBOOK ON TRANSPORTABLE PRESSURE EQUIPMENT CONFORMITY MARKING 1) Serbian conformity marking 2) Designation Pi - EU conformity marking 30

31 RULEBOOK ON TRANSPORTABLE PRESSURE EQUIPMENT (1) From the date of entry into force of the ratified International agreement on Conformity Assessment and Acceptance of Industrial Products with the European Union (hereinafter referred to as: ASAA agreement), and/or from the date of accession of the Republic of Serbia to the European Union if this contract is not concluded, the term conformity marking shall mean the Pi marking. (2) Conformity marking of the equipment from the date of application of this Rulebook to the date of entry into force of the ASAA agreement, and/or from the date of accession of the Republic of Serbia to the European Union, shall be carried out by affixing the Serbian conformity marking in accordance with the regulation governing the form, appearance and content of the conformity marking, with the exception of equipment that is imported from the European Union countries, which must be marked with the conformity marking in the form provided in Attachment 4. 31

32 RULEBOOK ON TRANSPORTABLE PRESSURE EQUIPMENT (3) From the date of entry into force of the ASAA agreement, and/or from the date of accession of the Republic of Serbia to the European Union, conformity marking of the equipment in accordance with this Rulebook shall be carried out by affixing the conformity marking in the form provided in Attachment 4. 32

33 RULEBOOK ON TRANSPORTABLE PRESSURE EQUIPMENT Inspection body for transportable pressure equipment Vinča Institute of Nuclear Sciences, Center for motors and vehicles, Vinča Laboratory CIAH, Faculty of Mechanical Engineering, Belgrade Kontrol inspekt doo, Belgrade 33

34 Thank you for your attention Ministry of Construction, Transport and Infrastructure