[ID] => 9117
[post_author] => 34
[post_date] => 2018-02-01 08:43:50
[post_date_gmt] => 2018-02-01 08:43:50
[post_content] => The UN Economic Commission for Europe’s (ECE) Working Party on the Transport of Dangerous Goods (WP15) held its 103rd session from 6 to 10 November 2017, with JA Franco (Portugal) in the chair and Arianne Roumier (France) as vice-chair.
The meeting was attended by representatives from 22 countries, the EU, the Intergovernmental Organisation for International Carriage by Rail (OTIF) and five non-governmental organisations.
The meeting’s main task was to consider the outcome of the Joint Meeting of RID/ADR/ADN experts and a number of other proposals specific to the road mode, and to agree the amendments that will appear in the 2019 edition of the regulations annexed to the ADR Agreement.
Before getting on with those matters, however, the Working Party once again considered a proposal from the secretariat to drop the word ‘European’ from the title of the ADR Agreement. ADR is open to countries other than those of the ECE and its applicability has gradually extended, not least into central Asia and North Africa; in addition, several other countries in Latin America and south-east Asia base their domestic regulations on ADR.
There were no objections to the proposal, although the representative of Germany was concerned that some potential contracting parties might not be technically able to apply the requirements of ADR in full. Nevertheless, the Working Party asked the secretariat to consult with the UN’s Office of Legal Affairs about the best way to effect the change.
The Working Party also discussed the problems surrounding the desired corrections to the 2017 text of ADR, which the UN Office of Legal Affairs had deemed to lie outside the criteria for ‘corrections’ and which had already been discussed by the earlier Joint Meeting. The Working Party stressed that, while it would limit the adoption of amendments outside the biennial deadlines wherever possible, delegations should only propose corrections if they meet the UN’s criteria.
JOINT MEETING REPORT
The Working Party endorsed the amendments adopted by the Joint Meeting at its autumn 2017 session, with some changes.
Germany referred to the amendment to special provision 660 and proposed that list of UN entries to which it should be assigned should be shorter. The Working Party agreed, and added ‘660’ in column (6) of the Dangerous Goods List to UN 1002, 1006, 1013, 1046, 1056, 1058, 1065, 1066, 1080, 1952, 1956, 2036, 3070, 3163, 3297, 3298 and 3299 (inert gases of Group A, without ammonia solution).
Noting that 22.214.171.124.4 requires Class 9 placards affixed on cargo transport units (CTUs) to correspond to model no 9, and that SP 389 exempts batteries inside a CTU form the marking and labelling requirements, the UK proposed replacing ‘9A’ with ‘9’ in column (5) of the Dangerous Goods List for UN 3536. This proposal was adopted.
Latvia raised a question as to the proper classification of swine carcasses infected with the African swine fever virus. The general consensus was that these should be assigned to UN 2900, whether they are in cultures or not, until 31 December 2018. After that, amendments already adopted for ADR will require carcasses to be classified according to the pathogens present; swine naturally infected with the African swine fever virus will then be classified under UN 3373, Category B.
Sweden was of the opinion that the arrangement of the sub-paragraphs in 126.96.36.199 could pose problems if they were to be cross-referenced. Ireland proposed dividing 188.8.131.52 so that the second paragraph, starting “Tank-containers shall not be offered for carriage”, as 184.108.40.206. This suggestion was adopted.
The Working Party noted that some of the new and revised standards referenced by the Joint Meeting had not yet been published. It set a deadline of the next session (in May 2018); if they are still awaiting publication, they will not be referenced in the 2019 text.
The UK challenged a proposed change to 220.127.116.11.6, designed to clarify the existing text, that had been placed in square brackets at the previous session of WP15 and left undecided by the Joint Meeting. The change relates to the use of orange-coloured plates on Class 7 consignments carried under exclusive use. The UK felt that the change would impact a large number of shipments moving in regular trucks and vans, which was not the intention. Several delegations felt the text is clear as it stands and would like more time to consider the change, so the proposed amendment remains in square brackets pending a final decision.
The Working Party did, however, confirm a number of other amendments that had been left in square brackets at the previous session, while noting that the Joint Meeting may yet have other ideas.
The Working Party adopted the new section 7.1.7, which deals with special provisions for the carriage of self-reactive substances stabilised by temperature control, including phrases taken from the existing text of special provisions S4 and V8 in ADR. However, it noted that some measures included in the new text are meaningless without thermal protection and thought this should be brought to the attention of the UN TDG Sub-committee so that the Model Regulations can be amended accordingly.
A little more housework was applied to the Notes to 2.1.5, on the basis of a joint paper from the UK, Switzerland and Sweden. Note 2 is deleted and Note 1 is reworded:
For articles which do not have a proper shipping name, other than UN 3537 to 3548, and which contain only dangerous goods within the permitted limited quantity amounts specified in Column (7a) of Table A of Chapter 3.2, see UN No 3363 and special provisions 301 and 672 of Chapter 3.3.
The UK reported that it has been experiencing delays in processing vehicle test applications. To get around the problem, authorisation has been issued to allow the first inspection of EX, FL and AT vehicles and mobile explosives manufacturing units (MEMUs) to be delayed until the first anniversary test. Positive results with this process led it to propose a similar waiver in ADR. The proposal generated some discussion and the Working Party as a whole was not comfortable with the amendment as it stood. The UK will present a revised proposal at the next session, taking those comments into account.
Switzerland proposed an amendment to 18.104.22.168.2, specifically the use of the term ‘panel van’. It felt the term ‘lorries with box-shaped self-supporting bodies’ explained the intention more clearly. Some delegations felt that ‘panel van’ is equally applicable to covered vehicles of more than 3.5 tonnes and therefore the amendment was unnecessary, but others agreed that it would be useful to have a clearer definition of the types of vehicles covered by the provision, ideally using terms already defined in ADR. Switzerland will return with a revised proposal at the next session.
Switzerland also proposed expanding the table under 22.214.171.124 to enable users to make more effective searches for the provisions applicable to each type of vehicle. There was sympathy for the idea, although it was noted that Chapter 9.2 applies to base vehicles and is chiefly of use to vehicle manufacturers; provisions specific to different types of vehicle are found in Chapters 9.3 to 9.8 so, were all the references to be included in a single table it would mean a reorganisation of Part 9.
However, the Working Party agreed that a global, consolidated table would be of use; this could be prepared at the next session and made available as a guideline using the UN ECE website. The delegate from Romania remarked that such a checklist is already available in his country and is used for technical inspections; this list will be made available to WP15 to help in the process.
Germany had experienced problems in applying the standards agreed during 2015 with respect to the use of electrical equipment on vehicles, specifically as regards cables. It proposed deleting the second paragraph of 126.96.36.199.1, which refers to ISO 16750-4 and ISO 16750-5, as the requirements for temperature and fluid resistance contained in ISO 6722-1 and ISO 6722-2, referenced in the third paragraph, are regarded as sufficient.
The Working Party agreed with the sentiment but retained the second paragraph, merely deleting the specific reference to ISO 16750.
Switzerland sought clarification of the conditions for the use of vehicles powered by electric engines intended for the transport of dangerous goods in 188.8.131.52. The Working Party welcomed the initiative, noting that the current provisions of 9.2.2 had not been drawn up with the use of electric vehicles in mind and that they should be considered for amendment. It invited the Netherlands to work up its accompanying informal paper for an official proposal, so that the two papers could be considered together at the next session.
Germany returned to a topic discussed at the previous session: clarification of the requirements in 184.108.40.206 for thermal protection of EX/II and EX/III vehicles. To avoid confusion and differences in interpretation, Germany proposed a more prescriptive text. Some delegations agreed with the need for clarification but called for a more descriptive approach.
It was decided that the best way to proceed would be through an informal working group, led by Germany, which planned to meet in January 2018. In the meantime, it was confirmed that sandwich panels could be used, so long as their heat and flame resistance satisfy the requirements in EN 13501-1:2007+A1:2009.
Switzerland had found problems in determining which safety measures should be applied during the carriage of asphyxiant gases when additional provision CV36 applies. The issue is a particular problem in the French text, which uses undefined terms. Switzerland made two proposals, the first of which sought amendment of CV36 itself. While most delegations supported the proposal, it was felt that this is a multimodal matter and should be discussed by the Joint Meeting. The second proposal resulted in amendment of the French text.
Another proposal from Switzerland sought explicit mention of the suitability of online refresher training for drivers of vehicles carrying dangerous goods, in accordance with 220.127.116.11. This caused a lot of disagreement: many felt that in-person participation is valuable and should remain obligatory, even for refresher training; in Russia and the Netherlands, on the other hand, it is already possible to use online training for the theoretical part of the course; Austria had also implemented a similar system but abandoned it because of a high failure rate.
Further discussion of this topic seems inevitable, especially given the increasing use of online and video-conference courses in other fields. WP15 noted that the subject also relates to the training of experts under Chapter 8.2 of ADN; presentations should be made to the Joint Meeting so that a consistent approach can be determined.
Germany, while welcoming the agreed reference to the new IMO/ILO/UNECE Code of Practice for Packing of Cargo Transport Units (CTU Code) in a footnote to 18.104.22.168, felt that the current text is too limited, referring specifically as it does to chapters 9 and 10 of the Code. There are useful recommendations elsewhere in the Code and, while it is not mandatory, a broader reference would not cause problems. The Working Party agreed with the argument and amended the footnote accordingly. As a consequence, it was felt that the reference to the CTU Code in the note to 22.214.171.124.1 had become redundant, and it was deleted.
An informal document from Germany addressed what it saw as an inadequacy in the certificate of approval for vehicles carrying certain dangerous goods, seeking expansion of sections 12 and 13 in the certificate and a number of consequential amendments. The proposal received little support, fearing that the change would complicate administrative procedures during checks and tests. Furthermore, the proposal had arrived late and there had been little time to study it in detail. Germany will submit an official proposal at the next session.
The secretariat proposed deletion of some expired transitional provisions. The Working Party agreed with the deletion of 126.96.36.199 and 188.8.131.52; however, 184.108.40.206 should remain, as some driver training certificates issued prior to 1 January 2014 might still be valid in 2019. While on the topic of transitional provisions, France proposed some changes to 220.127.116.11, deleting reference to OX vehicles and extending its validity by two years; this was adopted by the Working Party.
An informal paper from Ireland suggested inserting in ADR provisions for the transport of waste gas cartridges, similar to those in place for waste aerosols. This was felt to be a multimodal issue that should be discussed first by the UN TDG Sub-committee.
INTERPRETATION OF ADR
Concerned with the potential for vehicles containing dangerous goods to be used by terrorists, Sweden opened a discussion of the meaning of the supervision of vehicles, as required by Chapter 8.4 of ADR. What does ‘supervised’ mean, and under what circumstances might a vehicle be left unsupervised?
The ensuing discussion revealed a difference of opinion, specifically about whether a vehicle parked in accordance with 8.4.1(b) or (c) should be supervised and about the ways of meeting the obligation to ‘constantly supervise’ vehicles and loads. It was also recalled that the requirements in Chapters 8.4 and 8.5 had been prepared a lot time before Chapter 1.10 and the concept of ‘security’ had appeared in ADR.
The Working Party agreed that those chapters could be reviewed, not just to clarify the situation but also to take account of technological developments. Sweden’s representative reported that multi-sector consultations are under way in the country on the subject and might come back to the topic depending on the outcome of those consultations.
Sweden also sought clarification on how the requirements regarding precautions against electrostatic discharge in 7.5.10, 9.7.4 and 9.8.3 of ADR should be understood and applied. In particular, its paper felt there was some confusion over the terms ‘earthing’ and ‘bonding’, which are different concepts – although ADR seems to use ‘earthing’ for both.
The Working Party confirmed that, in the case of 7.5.10, a connection to earth – either direct or indirect – is required. It also confirmed that the provisions in 9.7.4 and 9.8.3 require bonding, although the text refers to ‘earthing’. An official document to change that was promised for the next session.
Belgium asked how to fill in item 5 on the ADR driver training certificate, which indicates the holder’s nationality, in cases where the driver has no nationality or more than one. It was noted that the same problem could apply to other official documents and information will be sought from the EU and other bodies.
Romania and France both reported on incidents involving the transport of gas cylinders; in both cases the cause of the accident was linked to a technical problem on the vehicle. The Working Party noted the ideas put forward for preventing any repetition, though ideas for active means of protection might involve participation by the UNECE World Forum for Harmonization of Vehicle Regulations (WP29).
France will submit a proposal for a future session that automatic fire extinguisher systems be required in engine compartments of vehicles used for the carriage of gas cylinders, as is already the case for MEMUs and EX/III tank vehicles.
The Working Party asked the secretariat to prepare a consolidated list of all the amendments adopted for entry into force on 1 January 2019. This should be issued no later than 1 July 2018. A consolidated version of the 2019 text should be available in good time so that industry could prepare for its implementation.
The 104th session of WP15 will be held from 14 to 18 May 2018. A report on that meeting will be included in HCB as soon as is practicable.
[post_title] => WP15: Street map for 2019
[post_status] => publish
[comment_status] => open
[ping_status] => open
[post_name] => wp15-street-map-2019
[post_modified] => 2018-01-31 17:49:23
[post_modified_gmt] => 2018-01-31 17:49:23
[post_parent] => 0
[guid] => https://www.hcblive.com/?p=9117
[menu_order] => 0
[post_type] => post
[comment_count] => 0
[filter] => raw
WP15: Street map for 2019
The job of WP15 is to interpret the provisions of the UN Model Regulations for the real world of road transport. That is not always a simple matter