[ID] => 10052
[post_author] => 34
[post_date] => 2018-09-05 09:45:49
[post_date_gmt] => 2018-09-05 08:45:49
[post_content] => The UN Economic Commission for Europe’s (ECE) Working Party on the Transport of Dangerous Goods (WP15) held its 104st session from 15 to 17 May in Geneva. It was attended by representatives of 24 countries, the EU, the Intergovernmental Organisation for International Carriage by Rail (OTIF) and three non-governmental organisations. The meeting was chaired by JA Franco (Portugal) with Ariane Roumier (France) as vice-chair.
By this point in proceedings, the consolidated text of the 2019 edition of ADR – which regulates the international transport of dangerous goods in Europe and, increasingly, other parts of the world – had already been prepared so the meeting’s main focus was on beginning work on the next round of amendments, which will include those changes introduced into the 21st revised edition of the UN Model Regulations, which had been agreed in December 2017.
The February meeting of the Inland Transport Committee, WP15’s parent body, had approved the results of the 2016–2017 biennial evaluation plan and adopted its programme of work for the 2018–2019 biennium.
Since the previous meeting, San Marino had acceded to the ADR Agreement, bringing the number of contracting parties to 50. Representatives from Belarus and Georgia informed the Working Group on the ways in which their countries are implanting the ADR regulations; the government of Georgia has taken steps to allow ADR to be applied to domestic transport from 1 January 2019.
Belarus and Tunisia are also making steps towards accession to the 1993 Protocol. The Working Party urged another 12 countries to do the same so that the Protocol can come into effect.
A number of outstanding issues discussed by the Joint Meeting of RID/ADR/ADN Experts at its spring 2018 session remained to be incorporated into ADR. One of these was the contentious change to footnote 4 (RID) and 2 (ADR) to 18.104.22.168.18:
However the cross section of shells according to 22.214.171.124.14 (a) may contain recesses or protrusions such as sumps, cut-outs or recessed manhole constructions. They may be constructed of flat or shaped (concave or convex) sheet metal. Dents and other unintended deformations shall not be regarded as recesses or protrusions.
This change will only appear in the 2021 editions of ADR and RID. Other amendments were agreed for the 2019 edition; those with substantive rather than editorial implications include:
Lithium cells and batteries not meeting the requirements of 126.96.36.199.7 (g) may continue to be carried until 31 December 2019.
- In the Table in 188.8.131.52.3, under transport category 0, for Class 4.3, ‘3132’ is added after ‘3131’.
- A new transitional provision 184.108.40.206 is added:
The mark, which shall be clearly legible and indelible, shall be in one or more languages, one of which shall be French, German or English, unless any agreements concluded between the countries concerned in the transport operation provide otherwise.
- In the Dangerous Goods List (Table A in 3.2.1), ‘CV24’ is inserted in column (18) against the second entry for UN 2031.
- In the first sentence of 220.127.116.11, after ‘Valves’, is added “and other components which are to remain connected to the valve during carriage (e.g. handling devices or adaptors)".
- The second sentence of 18.104.22.168 is amended to read:
The deviations specified in 22.214.171.124.1, second sentence, 126.96.36.199.1.3, third sentence and 188.8.131.52.1.5 for danger labels also apply to placards.
- At the end of 184.108.40.206.1, a new sentence is added:
This standard may also be used for gravity-discharge tanks.
- In 220.127.116.11, applicability of EN 1442:2016 + A1:2008 is limited to 31 December 2020; a new line is added afterwards adding EN 1442:2017, applicable immediately.
- Various references are amended for EN 12245 and EN ISO 14246 in 18.104.22.168.
- A new footnote is added in 22.214.171.124.2, referencing 7.1.3.
- In the Table in 126.96.36.199.1 there are changes of applicability for EN 14025 and a new standard is added immediately afterwards. EN 12972:2018 Tanks for transport of dangerous goods – Testing, inspection and marking of metallic tanks will be mandatory from 1 January 2021.
- In the Table in 188.8.131.52.1, a note is added after EN 14432 and 14433:
- In the Table in 184.108.40.206.2, there are amendments to the applicability of EN 12972.
- In 220.127.116.11, reference to EN 1252-2:2001 is replaced by EN ISO 21028-2018.
Following a review and, on the basis of a submission from Germany, the revised version of EN 590 (A1:2017) was deemed acceptable for reference.
The Secretariat had offered some guidelines on the application of EN 13094:2015 within the scope of ADR. This was accepted, with some amendment, and will be published separately on the UN ECE website. EN 13094 specifies requirements for the design and construction of metallic gravity-discharge tanks intended for the carriage of substances having a vapour pressure not exceeding 110 kPa (absolute pressure) for which a tank code with letter ‘G’ is given in Chapter 3.2 of ADR.
PROPOSALS FOR AMENDMENT
Germany reported on an informal working group looking at ways to clarify 18.104.22.168, which had met in early January. The goal of the work is to reflect the safety requirements in ADR by formulating them in such a way as to ensure that they can be met without precluding any alternative solutions to which technological progress might give rise. WP15 noted the progress made so far and invited the informal working group to extend its remit to cover mobile explosives manufacturing units (MEMUs). It was to meet again in early October.
Russia reported on the decision taken by the Working Party on Brakes and Running Gear of the World Forum for Harmonization of Vehicle Regulations (WP29) that a vehicle equipped with a speed limitation function (SLF) could be considered to be in compliance with ADR 9.2.5. Romania noted that Directive 2002/85/EC amends Directive 92/6/EEC and that some wording in 9.2.5 now needs revising. An amended text was agreed.
The UK reported on a successful trial of the first inspection waiver for EX/II, EX/III, FL and AT vehicles and MEMUs type-approved in accordance with 22.214.171.124 and for which a declaration of conformity with the requirements of Chapter 9.2 had been issued. The UK will prepare a formal document on this subject, setting out the results of the tests, for discussion at the next session.
At the previous session, Austria had proposed a change to the second sub-paragraph of 126.96.36.199.6; delegations had asked for more time to consider the change, which was kept in square brackets pending confirmation. However, after further discussion, the general feeling was that no clarification is required and the proposal was therefore not adopted.
Again following on from the previous session, Sweden returned to the issue of different terms being used in ADR for descriptions of electrical connections in the requirements concerning precautions against electrostatic charges. Various delegations came with suggestions, the English version of ADR adopting a change from ‘earthing’ to ‘electrical bonding’ in 9.7.4, 188.8.131.52 and 9.8.3.
Finland offered suggested amendments to deal with inconsistencies between revisions adopted for 184.108.40.206.3 and special provision 307 in relation to ammonium nitrate-based fertilisers, which were gratefully received by the Working Party. These were largely editorial in nature, although there is an important change to the Note to 220.127.116.11.2, which will now read:
The term “competent authority” means the competent authority of the country of origin. If the country of origin is not a Contracting Party to ADR, the classification and conditions of carriage shall be recognized by the competent authority of the first country Contracting Party to ADR reached by the consignment.
A further paper from Finland sought to rationalise the layout of label model 2.1 in 18.104.22.168.2, which again was accepted by the Working Party. On a similar topic, France pointed out that 22.214.171.124.1.6(d) in ADR refers specifically to UN Nos 1011, 1075, 1965 and 1978, while the same paragraph in the UN Model Regulations refers merely to ‘liquefied petroleum gases’ which, according to the definition, also includes UN 1969. It was decided to bring ADR into line with the Model Regulations in this case.
Germany proposed a correction to footnote ‘b’ in the Instructions in Writing. This generated opposition not only on the basis that it is undesirably to amend the Instructions in Writing too often but also that the proposal, in an informal document, arrived too late for full consideration. Germany offered to submit an official document to the next session, which means that there will be no change for the 2019 edition of ADR.
INTERPRETATION OF ADR
Sweden sought the Working Party’s opinion of the meaning of ‘country of origin’ in 126.96.36.199: is this the country where the load was prepared or the country of origin of the tanks involved in the carriage. The opinion given was that this means the country of departure of the cargo.
France asked for opinions on the way that quantities are expressed in the transport document, in accordance with 188.8.131.52.1(f). Does this match with the units required by 184.108.40.206, with liquids expressed in volume, articles in gross mass and solids in net mass, or are alternatives allowed? The general opinion was that 220.127.116.11.1(f) allows the shipper to choose the most appropriate unit and that 18.104.22.168 applies only to exempted transport.
Germany floated the idea of copying the certificate number on the back of the driver training certificate; some delegations could see value in the idea but did not agree with Germany’s proposition that this would be an aid to security. There was also a comment that there should be a transitional period if the proposal were to be adopted. Germany will return with an official proposal for the next session.
Romania offered a draft consolidated table laying out the applicable requirements of Part 9 of ADR to EX/II, EX/III, FL and AT vehicles and MEMUs, respectively. Many delegations thought this could serve as a very useful guideline and asked for an official submission at the next session. Those with comments were urged to write directly to the Romanian representative in good time.
In an informal document, Sweden raised the question of the acceptable minimum level of supervision of vehicles, bearing in mind that Chapter 8.5 is not clear on what ‘supervision’ means. A number of other delegations shared Sweden’s concerns and were invited to communicate directly so that Sweden could return with a formal proposal. The Working Party also expressed its regret that the International Road Transport Union (IRU) was not in attendance as it was felt that it could have made a useful contribution to this and, indeed, a number of other discussions.
Switzerland raised an issue originally put forward by Sweden at the spring 2018 RID/ADR/ADN Joint Meeting, namely the placarding and marking of wagons and containers containing both limited quantities and other dangerous goods. A situation is possible where transport units that contain a lot of dangerous goods in limited quantities alongside other dangerous goods need only display placarding referring to the fully regulated material; thus the placarding may mislead emergency responders as regards the overall hazards within the transport unit. Most delegations felt that this was a subject that needed to be raised at the Joint Meeting in an official document.
Switzerland also raised a similar issue with regard to the loading of tank vehicles, particularly when vehicles are moving between, say, gasoline and biofuels service. Problems are foreseen in the placarding of such vehicles, especially if vapours or residues of gasoline remain in the vehicles. Luxembourg pointed out that a similar situation is possible in inland tank vessels. The two representatives were invited to exchange information so that an official document can be submitted at a future meeting.
The Working Party returned to the proposal to delete the word ‘European’ from the title of the ADR Agreement. This seems a reasonable idea, since ADR is now applied directly or forms the basis of domestic regulation in many countries in Latin America and Asia. The chair asked each delegation in turn for their opinion; a majority supported the change, with no strong opposition from the others. This was welcomed by the chair of the Working Party and the director of the Sustainable Transport Division.
The Working Party asked the secretariat to draw up a draft protocol of amendment with the Office of Legal Affairs so the change can be effected without delay. This may have to wait until the 106th meeting in May 2019.
WP15 has also been asked to consider how its work can contribute to the achievement of Sustainable Development Goals. Suggestions included changing the frequency and duration of its sessions, and the development of new tools to assist in the implementation of ADR. The chair invited delegations to continue thinking how to improve the Working Party’s working procedures, with the discussion likely to continue into the future.
The 105th session of WP15 is scheduled to be held from 6 to 9 November. One item on the agenda will be the election of officers for the next biennium.
[post_title] => ADR: Turn of the page
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[ping_status] => open
[post_name] => adr-turn-page
[post_modified] => 2018-09-04 16:50:40
[post_modified_gmt] => 2018-09-04 15:50:40
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[guid] => https://www.hcblive.com/?p=10052
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