european transport regulations 2017-2018 overview & update › content › files ›...

European Transport Regulations2017-2018

Overview & Update

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The information contained in this publication is subject to constant review in thelight of changing government requirements and regulations. No reader shouldact on the basis of any such information without referring to applicable laws andregulations and/or without taking appropriate professional advice.

Although every effort has been made to ensure accuracy, ‘KVS & Partners’shall not be held responsible for loss or damage caused by errors, omissions,misprints or misinterpretation of the contents hereof.

For further information, please contact:

KVS & Partners Dangerous Goods ConsultingMrs. Kristel VermeerschNederokkerzeelstraat 6B-1910 Berg (Kampenhout)Belgiumemail: [email protected]: +32-479 99 19 46

Disclaimer

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Introduction – Regulatory Framework

ADR (Accord Européén rélatif au transport international des marchandises Dangereuses par Route)

European Agreement concerning international carriageof Dangerous Goods by Road

Restructured ADR is consistent with the United Nations Recommendations on the Transport of Dangerous Goods

This is an Agreement between States.The 48 contracting parties are mostly European, but include other countries such as Morocco and the Russian Federation

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RID Regulations concerning the International carriage of Dangerous Goods by Rail

These Regulations are part of the Intergovernmental Convention concerning the International Carriage by Rail (OTIF) and Appendix C which is the Regulation concerning the International Carriage of Dangerous Goods by Rail (RID).

ADN Agreement for Transportation of Dangerous Goods by Inland-waterways

The transport of dangerous goods by road, rail and inland waterways falls under one European Directive 2008/68EC * and makes the regulations also applicable in the member states.

* Directive of the European Parliament and of the Council of 24 September 2008 on the inland transport of dangerous goods, as amended

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Other important regulations

Council Directive 96/35/EC of 3 June 1996 on the appointment and vocational qualification of safety advisers for the transport of dangerous goods by road, rail and inland waterways.

Directive 2000/18 C of 17 April 2000 on minimum examination requirements of safety advisers for the transport of dangerous goods by road, rail and inland waterways.

Both directives are repealed since 30 June 2008 by Directive 2008/68/EC: European Directive on the inland transport of dangerous goods.

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Important Topics & Updates

What should you know if you want to export to an “ADR” country or if you are involved with a company situated in an “ADR” country?

Requirements as effective since 1 January 2017 and mandatory since 1 July 2017 !

Future changes: Requirements

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Important Topics & Updates

As ADR is consistent with the United Nations Recommendations on the Transport of Dangerous Goods, the ADR regulations, which are mandatory since 1 July 2017 have been updated in accordance with the 19th revised edition of the Model Regulations.

This presentation will concentrate on the specific ADR requirements currently applicable and on some future changes.

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Part 1: General Provisions

Amended Exemptions related to the carriage of gases (ADR 1.1.3.2)

The provisions laid down in ADR do not apply to: Gases contained in the fuel tanks or cylinders of a vehicle performing a transport

operation and destined for its propulsion or for the operation of any of its equipment used or intended for use during carriage (e.g. refrigerating equipment).

The gases may be carried in fixed fuel tanks or cylinders, directly connected to the vehicle’s engine and/or auxiliary equipment or transportable pressure receptacles, which comply with the pertinent legal provisions.

The total capacity of the fuel tanks or cylinders for a transport unit, including those allowed in accordance with 1.1.3.3 (a) ( liquid fuels) shall not exceed the amount of energy (MJ) or mass (kg) corresponding to 54 000 MJ energy-equivalent.

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Exemptions related to the carriage of gases (ADR 1.1.3.2)

For the energy content of fuels see the following Table:


Fuel Energy contentDiesel 36 MJ/litrePetrol 32 MJ/litre

Natural Gas/Biogas 35 MJ/Nm3

Liquefied Petroleum Gas (LPG) 24 MJ/litreEthanol 21 MJ/litre

Biodiesel 33 MJ/litreEmulsion fuel 32 MJ/litre

Hydrogen 11 MJ/Nm3

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Carriage in a transport chain including maritime or air carriage (ADR 1.1.4.2)

1. Packages, containers, portable tanks, tank-containers and MEGCs, which do not entirely meet the requirements for packing, mixed packing, marking, labelling of packages or placarding and orange plate marking, of ADR, but are in conformity with the requirements of the IMDG Code or the ICAO Technical Instructions shall be accepted for carriage in a transport chain including maritime or air carriage subject to the following conditions:

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a) If the packages are not marked and labelled in accordance with ADR, they shall bear marks and danger labels in accordance with the requirements of the IMDG Code or the ICAO Technical Instructions;

b) The requirements of the IMDG Code or the ICAO Technical Instructions shall be applicable to mixed packing within a package;

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c) For carriage in a transport chain including maritime carriage, if the containers, portable tanks, tank-containers or MEGCs are not marked and placarded in accordance with Chapter 5.3 of this Annex,they shall be marked and placarded in accordance with Chapter 5.3 of the IMDG Code. In such case, only 5.3.2.1.1 of this Annex is applicable to the marking of the vehicle itself. For empty, uncleaned portable tanks, tank-containers and MEGCs, this requirement shall apply up to and including the subsequent transfer to a cleaning station.

This derogation does not apply in the case of goods classified as dangerous goods in classes 1 to 9 of ADR and considered as non-dangerous goods according to the applicable requirements of the IMDG Code or the ICAO TIs.

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2. Transport units composed of a vehicle or vehicles other than those carrying containers, portable tanks, tank-containers or MEGCs as provided for in point (c), which are not placarded in accordance with the provisions of 5.3.1 of ADR but which are marked and placarded in accordance with Chapter 5.3 of the IMDG Code, shall be accepted for carriage in a transport chain including maritime transport provided that the orange-coloured plate marking provisions of 5.3.2 of ADR are complied with.

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3. For carriage in a transport chain including maritime or air carriage, the information required and under any special provision may be substituted by the transport document and information required by the IMDG Code or the ICAO Technical Instructions respectively provided that any additional information required by ADR is also included.

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Part 2: Classification – Class 1

Classification documentation for class 1 articles or substances(ADR 2.2.1.1.9)

Written confirmation of the assigned classification by the appropriate national authority to the applicant

Classification document may be in any form and consist of more than one page. The document shall have a unique reference.

Information required shall be easy to identify, legible and durable

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Amended provisions for viscous flammable liquids (ADR 2.2.3.1.5) Except as provided for in 2.2.3.1.5.2, viscous liquids which:

are not toxic, corrosive or environmentally hazardous; contain not more than 20% nitrocellulose provided the nitrocellulose contains not more

than 12.6% nitrogen by dry mass; and are packed in receptacles of not more than 450 litre capacity; (note: sea transport: not more than 30 litre per receptacle / air transport: no exception)

are not subject to ADR, if: in the solvent separation test (see Manual of Tests and Criteria, Part III, sub-section 32.5.1),

the height of the separated layer of solvent is less than 3% of the total height; and the flowtime in the viscosity test (see Manual of Tests and Criteria, Part III, sub-section 32.4.3),

with a jet diameter of 6 mm is equal to or greater than:(i) 60 seconds; or(ii) 40 seconds if the viscous liquid contains not more than 60% of Class 3 substances.

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Amended provisions for viscous flammable liquids (ADR 2.2.3.1.5)

Viscous liquids which are also environmentally hazardous, but meet all other criteria as indicated before (ADR 2.2.3.1.5.1), are not subject to any other provisions of ADR when they are carried in single or combination packagings containing a net quantity per single or inner packaging of 5 litres or less, provided the packagings meet the general provisions of 4.1.1.1, 4.1.1.2 and 4.1.1.4 to 4.1.1.8.

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Part 2: Classification – Class 4.1

New category of substances in class 4.1

Flammable solids

Self-reactive and related substances

Solid desensitized explosives

Polymerizing substances

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Part 2: ClassificationClass 4.1 Polymerizing substances

Definition & Criteria

Polymerizing substances are substances which, without stabilization, are liable to undergo a strongly exothermic reaction resulting in the formation of larger molecules or resulting in the formation of polymers under conditions normally encountered in transport. Such substances are considered to be polymerizing substances of Class 4.1 when:

their self-accelerating polymerization temperature (SAPT) is 75°C or less under the conditions (with or without chemical stabilization as offered for transport) and in the packaging in which the substance or mixture is to be transported;

they exhibit a heat of reaction of more than 300 J/g; and

they do not meet any other criteria for inclusion in Classes 1 to 8.

A mixture meeting the criteria of a polymerizing substance must be classified as a polymerizing substance of Division 4.1.

Polymerizing substances are subject to temperature control in carriage if their SAPT is :- 50°C or less in the packaging or IBC in which the substance is to be carried; or- 45 °C or less in the tank in which the substance is to be carried

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Part 2: ClassificationClass 6.1 Toxic substances

Clarification Substances, solutions and mixtures, with the exception of substances and preparations used

as pesticides, which are not classified as acute toxic category 1, 2 or 3 according to Regulation (EC) No 1272/2008, may be considered as substances not belonging to class 6.1.

Packinggroup

PictogramUN & CLP

Oral toxicityLD50

(mg/kg)

Dermal toxicityLD50

(mg/kg)

Inhalation toxicityby dusts and mists

LC50 (mg/l)

CLPCategory

Highly toxic I ≤ 5 50 0.2 1

Toxic II > 5 and 50 > 50 and 200 > 0.2 and 2 2

Slightly Toxic III > 50 and 300 > 200 and 1 000 > 2 and 4 3

> 300 and 2000 >1000 and 2000 >1.0 and 4 4

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Part 2: ClassificationClass 8 Corrosive substances

Clarification Substances, solutions and mixtures, which are not classified as corrosive to skin or metal of

category 1 according to Regulation (EC) No 1272/2008 may be considered as substances not belonging to Class 8

Packinggroup

PictogramUN & CLP Exposure Time Observation Tme Effect CLP

Category

I 3 min 60 min Full thickness destruction of intact skin 1A

II > 3 min 60 min 14 d Full thickness destruction of intact skin 1B

III > 60 min 4 h 14 d Full thickness destruction of intact skin 1C

III - - Corrosion rate on steel/aluminium> 6.25 mm a year at a test temperature

of 55°C

1

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Part 2: ClassificationClass 9 Environmentally hazardous substances

Clarification Substances or mixtures classified as environmentally hazardous substances (aquatic environment) on

the basis of Regulation 1272/2008/EC3 *

If data for classification according to the classification criteria of ADR (ADR 2.2.9.1.10.3 and 2.2.9.1.10.4) are not available, a substance or mixture:

Shall be classified as an environmentally hazardous substance (aquatic environment) if it has to be assigned category(ies) Aquatic Acute 1, Aquatic Chronic 1 or Aquatic Chronic 2 according to Regulation 1272/2008/EC3;

May be regarded as not being an environmentally hazardous substance (aquatic environment) if it does not have to be assigned such a category according to the said Regulation.

* NoteRegulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures, amending and repealing Directive 67/548/EEC and 1999/45/EC; and amending Regulation (EC) No 1907/2006, published in the Official Journal of the European Union, L 353, 31 December 2008, p 1-1355.

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Part 3: Identification

New Items & Amended Provisions

4 new entries for polymerizing substances (division 4.1)

UN 3532, Polymerizing substance, liquid, stabilized, n.o.s.

UN 3534, Polymerizing substance, liquid, temperature controlled, n.o.s.

UN 3531, Polymerizing substance, solid, stabilized, n.o.s.

UN 3533, Polymerizing substance, solid, temperature controlled, n.o.s.

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UN 3166 not applicable any more for:

“Engine, fuel cell, flammable gas powered”

“Engine, fuel cell, flammable liquid powered”

“Engine, internal combustion, flammable gas powered”

“Engine, internal combustion, flammable liquid powered”

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3 new UN numbers & 10 new entries

UN 3529 Engine fuel cell, flammable gas powered; orUN 3529 Machinery, fuel cell, flammable gas powered; or UN 3529 Engine, internal combustion, flammable gas powered; orUN 3529 Machinery, internal combustion, flammable gas powered Packing Instruction: P005 Requirements: SP 363

the fuel tank of the engine or machinery has a water capacity of more than 450 L but not more than 1 000 L, it shall be labelled on two opposite sides

the fuel tank of the engine or machinery has a water capacity of more than 1 000 L, it shall be placarded on two opposite sides

transport document required only when the fuel tanks has a water capacity of more than 1 000 L, + following additional statement: "Transport in accordance with special provision 363"

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UN 3528 Engine, fuel cell, flammable liquid powered; orUN 3528 Machinery, fuel cell, flammable liquid powered; orUN 3528 Engine, internal combustion, flammable liquid powered; orUN 3528 Machinery, internal combustion, flammable liquid powered Packing Instruction: P005 Requirements: SP 363

engine or machinery contains more than 60 L of liquid fuel and has a capacity of more than 450 L but not more than 3 000 L, it shall be labelled on two opposite sides

engine or machinery contains more than 60 l of liquid fuel and has a capacityof more than 3 000 L, it shall be placarded on two opposite sides.

transport document required only when the engine or machinery contains more than 1 000 L of liquid fuels +following additional statement: "Transport in accordance with special provision 363"

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UN 3530 Engine, internal combustion; orUN 3530 Machinery, internal combustion Packing Instruction: P005

Requirements: SP 363 engine or machinery contains more than 60 L of liquid fuel and has a capacity of more than 450 L

but not more than 3 000 L, it shall be labelled on two opposite sides

engine or machinery contains more than 60 l of liquid fuel and has a capacity of more than 3 000 L, it shall be placarded on two opposite sides

transport document required only when the engine or machinery contains more than 1 000 L of liquid fuels + following additional statement: "Transport in accordance with special provision 363"

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Always check the “ Special Provisions” !!! New special provisions have been introduced and many have been changed.

SP 386: conditions if substances have been stabilized by temperature control or by chemical stabilization

SP 188: introduction of new Lithium battery mark for lithium batteries shipped under the conditions of SP 188

Transitional period until 31 December 2018 (ADR 1.6.1.39)

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New SP 383 for UN 2000 ‘Celluloid’ Table tennis balls manufactured from celluloid are not subject to

ADR where the net weight of each table tennis ball does not exceed 3.0 g and the total net weight of table tennis balls does not exceed 500 g per package

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Introduction of “flexible bulk containers” – BK3 Definition: "Flexible bulk container" means a flexible container with a capacity not

exceeding 15 m3 and includes liners and attached handling devices and service equipment; (conditions ADR 6.11.5 & ADR 7.3.3)

Code “BK3” added to the Table of Part 3 in column 10 if applicable Applicable to products such as: (mainly belonging to division 4.1 & 5.1)

UN 1350 SulphurUN 1474 Magnesium nitrate UN 1498 Sodium nitrateUN 2067 Ammonium nitrate based fertilizer UN 3377 Sodium perborate monohydrate

Comparable to IMDG Code: facilitate multimodal transportation

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Part 3 : IdentificationDangerous Goods in Limited Quantities (ADR 3.4)

Important advantages

No tested packagings

Besides the ‘LQ’ marking, no additional markings or labels required (with the exception of the ‘overpack’ marking and package orientation markings if applicable)

No transport documentation

No instructions in writing

No ADR truck

No trained driver

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Part 3: IdentificationDangerous Goods in Limited Quantities (ADR 3.4)

Clarification that packages fully regulated in accordance with the ICAO Technical Instructions may bear the ADR Limited Quantity Marking (ADR 3.4.10)

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Part 4: Packing & Tank Provisions

Chemical Compatibility (ADR 4.1.1.21)

The chemical compatibility of plastic packagings, including IBC’s may be verified by assimilation to standard liquids: Wetting solution Acetic acid N-butyl acetate/N-butyl acetate – saturated

wetting solution Mixture of hydrocarbons (white spirit) Nitric acid Water

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Part 4: Packing & Tank Provisions

Packing Instructions for lithium batteries

New Packing Instruction P910

Applies to UN Nos. 3090, 3091, 3480 and 3481 production runs consisting of not more than 100 cells and batteries and to pre-production prototypes of cells and batteries when these prototypes are carried for testing.

Remember UN Nos. 3090, 3091, 3480 and 3481: P903 Damaged or defective lithium batteries: P908, LP 904 Lithium batteries carried for disposal or recycling: P909 Heavy batteries in large packagings: LP 903

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Part 5: Consignment ProceduresMarking & Labelling (ADR 5.2.1)

New class 9 label for Lithium batteries ( not in compliance with SP 188)

Transitional period until 31 December 2018 (ADR 1.6.1.42 – UN SP 384)

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Part 5: Consignment ProceduresDocumentation

The transport document must be drafted in an official languageof the forwarding country and also, if that language is not English, French or German, in English, French or German

The transport document may be that already required by otherregulations in force for carriage by another mode of transport as long it is supplemented with any additional information required by ADR e.g. “Tunnel Code”

UN 1098, Allyl Alcohol, 6.1 (3), I (C/D)

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Part 5 : Consignment Procedures

Revised provisions for packages containing a coolant or conditioner (ADR 5.5.3)

Packages containing a coolant or conditioner shall be carried in well ventilated vehicles and containers. Marking is not required in this case.

Ventilation is not required, and marking is required, if:

gas exchange between the load compartment and the driver’s cab is prevented; or the load compartment is insulated, refrigerated or mechanically refrigerated equipment,

for example as defined in the Agreement on the International Carriage of Perishable Foodstuffs and on the Special Equipment to be Used for such Carriage (ATP) and separated from the driver’s cab.

NOTE: In this context "well ventilated" means there is an atmosphere where the carbon dioxide concentration is below 0.5% by volume and the oxygen concentration is above 19.5% by volume

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Part 6: Requirements for the construction and testing of packagings, IBCs, large packagings, tanks and bulk containers

Revision & changes to the standards for design, construction, testing and inspection of pressure receptacles

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Part 6: Requirements for the construction and testing of packagings, IBCs, large packagings, tanks and bulk containers

New requirements for the design, construction, inspection and testing of BK3 flexible bulk containers (ADR 6.5.11)

Design and construction requirements Service equipment and handling devices Inspection and testing Test report Marking (UN package mark)

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Part 7: New and amended provisions for the carriage of dangerous goods in bulk

New provisions for the use of flexible bulk containers - BK3 (ADR 7.3.2.10) Visual inspection before a flexible bulk container is filled The period of use permitted for the carriage of dangerous goods shall be

two years from the date of manufacture of the flexible bulk container A venting device shall be fitted if a dangerous accumulation of gases

may develop within the flexible bulk container Flexible bulk containers shall be filled in such a way that when loaded

the ratio of height to width does not exceed 1.1 The maximum gross mass: 14 tonnes

New provisions for transport of BK3 (ADR 7.5.7.6)

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Part 8: Requirements for vehicle crews, equipment, operation and documentation

Training for drivers (ADR 8.1): Examinations

Supervision required

Electronic examinations authorized under conditions as specified in ADR 8.2.2.7.1.8

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Future changes: effective 2019

Implementation of new classification criteria for class 8

Transport of “Articles containing dangerous goods, n.o.s.”

Transport of “Lithium batteries installed in cargo transport units”

Replacement of the word “Risk” by “HAZARD” e.g. primary hazard

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