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ADR 2023 nearly there
DIVERSION AHEAD
ROAD • DESPITE ADMINISTRATIVE DIFFICULTIES, WP15 HAS AGREED MORE THAN 100 PAGES OF AMENDMENTS FOR THE 2023 TEXT OF ADR. MORE MAY YET BE ADDED AT ITS NEXT SESSION
THE UN ECONOMIC Commission for Europe’s (ECE) Working Party on the Transport of Dangerous Goods (WP15) held its 110th session this past 8 to 12 November in hybrid format; Covid-19 response measures, the UN’s liquidity crisis, ongoing renovation work at the Palais des Nations in Geneva, and restrictions on the availability of interpreters all made it once more difficult to arrange a lengthy session and the experts had only a week to complete their work. Their agenda was very similar to their counterparts on the RID Committee of Experts standing working group (HCB February 2022, page 58): to complete, insofar as was possible, the amendments that will enter into force in the 2023 edition of ADR, the international regulations for the transport of dangerous goods by road.
The meeting was chaired by Ariane Roumier (France) with Alfonso Simoni (Italy) as vice-chair; it was attended by representatives of 24 countries, as well as from Brazil, Egypt and Sierra Leone. Also in attendance were the EU, the Intergovernmental Organisation for International Carriage by Rail (OTIF), six non-governmental organisations and the EuroMed Transport Support Project (TSP).
The Working Party welcomed the participation of Brazil and Egypt and encouraged them to continue to participate at future sessions. Under the Rules of Procedure, any UN member state may participate in its activities and all countries wishing to accede to ADR were urged to do so.
The Working Party noted that 13 contracting parties have still not deposited the required instruments to allow the 1993 protocol to enter into force, although Georgia has recently ratified the protocol and was due to submit its notification to the UN Office of Legal Affairs.
Before the meeting began, there was a tribute to the victims of the road tanker explosion in Sierra Leone the week before, which killed at least 90 people; the Working Party noted that it was too early to draw any conclusions from the incident and invited the country’s authorities to share the findings of its investigation.
BEFORE THE BALL With the Sierra Leone incident in their minds, the Working Party was presented with a final draft of the Road Map for accession to and implementation of ADR, developed by the Inland Transport Committee, WP15’s parent body. The Road Map aims to help authorities in those countries interested in becoming contracting parties in preparing for and implementing the regulations.
The Working Party welcomed the revised version of the Road Map and recognised its usefulness as a tool for promoting ADR and the work of the Working Party both in countries that are not yet contracting parties and in the national administrations of countries that already are. It asked the secretariat to publish the final Road Map in electronic form to facilitate its dissemination.
The official languages of ADR are French and English; UN ECE also provides a Russian translation but countries using other languages have to provide their own version. The EuroMed TSP representative said that, in order to help countries accede to ADR and implement its provisions in their national regulations, it would be good for other language versions to be available; in the scope of its activities that means Arabic. EuroMed said that the absence of an Arabic version of ADR is a major obstacle not only to accession but also to the development of safety regulations in the 22 countries where Arabic is the official language. Tunisia, a contracting party to ADR, has struggled with the problem.
EuroMed also noted that some 70 per cent of ADR is reproduced verbatim from the UN Model Regulations, which is translated by the UN translation service into Arabic (as well as Chinese and Spanish) and it would therefore not be a massive task to do the same for ADR. As so often happens, though, getting this very sensible idea accepted will take money.
The Working Party asked the secretariat to explore the options, including the possibility of requesting a resolution of the General Assembly or Economic and Social Council (Ecosoc); it also pointed out that sales of ADR publications generate substantial income and, were an Arabic version to be produced, additional sales could offset the cost of translation. It asked the secretariat to submit a report to the Inland Transport Committee at its 84th session in February 2022.
HARMONISATION UPDATE After all that, the Working Party got down to the business of the day: to review the amendments adopted by the previous sessions of the Joint Meeting of RID/ADR/ADN experts and by the Working Party itself at its 109th session. These were endorsed, with some changes. The major difference between those agreed by WP15 and by the RID
THE UN IS KEEN FOR ADR TO BE ADOPTED BY MORE
COUNTRIES AROUND THE WORLD. HOWEVER, AS TUNISIA
HAS ALREADY EXPERIENCED, THE LACK OF AN ARABIC
LANGUAGE VERSION IS A HANDICAP IN ENSURING Committee of Experts’ standing working group for RID is that WP15 has retained its earlier provisions for the design, construction, inspection and testing of fixed tanks (tankvehicles) and demountable tanks with shells made of fibre-reinforced plastics (FRP) materials; these have been moved from Chapter 6.9 to a new Chapter 6.13, while the provisions for portable tanks developed by the UN experts and appearing in the 22nd revised edition of the Model Regulations take their place in Chapter 6.9. The Working Party decided it was not necessary to include any definitions in Chapter 6.13, though this might be considered at a later stage.
The Working Party returned to earlier discussions surrounding the wording of 6.2.4.1 and revised some of its earlier decisions. As a result, the paragraphs before the table are amended to read:
Since 1 January 2009 the use of the referenced standards has been mandatory. Exceptions are dealt with in 6.2.5.
Type approval certificates shall be issued in accordance with 1.8.7. For the issuance of a type approval certificate, one standard applicable according to the indication in column (4) shall be chosen from the table below. If more than one standard may be applied, only one of them shall be chosen.
Column (3) shows the paragraphs of Chapter Who do you contact for the latest DG compliant labels?
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6.2 to which the standard conforms.
Column (5) gives the latest date when existing type approvals shall be withdrawn according to 1.8.7.2.2.2; if no date is shown the type approval remains valid until it expires.
Standards shall be applied in accordance with 1.1.5. They shall be applied in full unless otherwise specified in the table below.
The scope of application of each standard is defined in the scope clause of the standard unless otherwise specified in the table below.
In the table, the heading of column (3) is replaced by: “Requirements the standard complies with”.
The Working Party noted that the dates of some standards adopted for reference by the Joint Meeting were placed in square brackets because the standards had not yet been published. The Working Party provisionally adopted the amendments to these standards subject to the publication of the corresponding standards before its 111th session, due to take place in May 2022.
PROPOSALS FOR AMENDMENT The European Chemical Industry Council (Cefic) presented the final report of the informal working group on vehicle stability; the Working Party confirmed that the working group has now fulfilled its mandate and endorsed its conclusions. 1.The calculation of the maximum permissible height of the centre of gravity of tank-vehicles, as defined in 9.7.5.1, was added to ADR in 1978 and no evidence has been found that this calculation is incorrect. 2.The definition of the overall width of the ground-level bearing surface in 9.7.5.1 should be clarified in a way that makes it clear which axle is to be used in the calculation. 3.No changes to the application of R111 were proposed as it was not felt possible to extend its application to tank vehicles fitted with tanks tested with a pressure of 4 bar.
The Working Party adopted the proposed amendment to clarify point 2, which involves adding the words “of the axle with the greatest width” after the text in parentheses in the first sentence of 9.7.5.1.
Spain presented proposals developed by the Joint Meeting’s informal working group on boiling liquid expanding vapour explosion (BLEVE) risk reduction, involving the extension of the application of 9.7.9 to certain FL vehicles so that they are equipped with engine fire suppression and tyre fire protection systems. The chair of the Working Party recalled that such measures complement those concerning safety valves for the protection of tanks, already adopted by the Joint Meeting.
The Working Party agreed to adopt the changes, noting that they should be limited in scope and come with a transitional measure that could allow further refinement. A proposal by the European Industrial Gases Association (EIGA) to include FL vehicles used to transport compressed flammable gases was not supported; it was, though, confirmed that the new provisions apply also to FL vehicle carrying tank containers.
As a result, 9.7.9 is amended to read:
MUCH WORK HAS BEEN DONE TO INCLUDE ELECTRIC-
POWERED VEHICLES IN THE PROVISIONS OF ADR AND THE
WORKING PARTY IS EAGER TO GET THIS FINISHED AS
Additional safety requirements concerning FL and EX/III vehicles 9.7.9.1 The following vehicles shall be equipped with an automatic fire suppression system for the compartment where the internal combustion engine propelling the vehicle is located: (a) FL vehicles carrying liquefied and compressed flammable gases with a classification code including an F; (b) FL vehicles carrying packing group I or packing group II flammable liquids; and (c) EX/III vehicles. 9.7.9.2 The following vehicles shall be fitted with thermal protection capable of mitigating the propagation of a fire from all the wheels: (a) FL vehicles carrying liquefied and compressed flammable gases with a classification code including an F; (b) FL vehicles carrying packing group I or packing group II flammable liquids; and (c) EX/III vehicles.
NOTE: The aim is to avoid the propagation of the fire to the load, for example with thermal shields or other equivalent systems, either: (a) by direct spread from the wheel to the load; or (b) by indirect spread from the wheel to the cabin and further to the load.
The new transitional provisions read – for
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now at least – as follows: 1.6.5.23 EX/III vehicles first registered or entering into service before 1 January 2029, in accordance with the requirements of 9.7.9.2 applicable until 31 December 2022, but which do not conform to the requirements of 9.7.9.2 applicable as from 1 January 2023, may continue to be used. 1.6.5.24 FL vehicles first registered or entering into service before 1 January 2029, which do not conform to the requirements of 9.7.9.1 applicable as from 1 January 2023, may continue to be used. 1.6.5.25 FL vehicles first registered or entering into service before 1 January 2029, which do not conform to the requirements of 9.7.9.2 applicable as from 1 January 2023, may continue to be used.
The Netherlands, as chair, presented an update on the discussions of the informal
THERE HAVE BEEN SOME CHANGES IN THE APPLICABILITY
OF PROVISIONS TO PREVENT THE SPREAD OF FIRE IN working group on electrified vehicles (EVs), which had met virtually on three occasions between the 109th and 110th sessions of WP15. It had determined the necessary scope of work and had already drawn up some proposals for amendments in Chapter 9.2 to Free DG Label ID poster with every order make reference to EVs. The Working Party was happy with progress and urged the group to continue its work, ideally with the aim of making the use of such vehicles possible for the transport of dangerous goods from 2023.
Finland enquired about the requirements for braking equipment in 9.2.3.1 and in particular the reference to UN Regulation No 13. That Regulation includes a reference to Regulation No 13-H and the Working Party was asked to confirm that this could be used instead of Regulation No 13 for the braking requirements of N1 vehicles used to transport dangerous goods; the Working Party agreed Tel: +44 (0)870 850 50 51 that this is the case.
Email: sales@labeline.com FURTHER PROPOSALS Norway and Sweden returned to a topic discussed earlier, along with a proposed solution, namely the discrepancies between
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the security provisions in Chapter 1.10 and the exemptions in 1.1.3.6. The majority view was that the provisions of Chapter 1.10 should remain applicable to all high consequence dangerous goods of Class 1, even when 1.1.3.6 is applicable. Norway and Sweden were invited to submit a new proposal at the next meeting, taking account of comments made.
It was also noted that 1.10.4 in RID is similar to the corresponding paragraph in ADR and perhaps this matter would need to be referred to the Joint Meeting.
Norway and Sweden further proposed that the Class 1 divisions in the tables in 1.10.3.1.2 and S1(6) in Chapter 8.5 be harmonised. Several delegations had a problem with this, specifically that it would mean S1(6) not longer applying to substances and articles of Divisions 1.3 (other than 1.3C) and 1.4. Germany thought it preferable to delete the provisions of Chapter 8.4 and provisions S1(6) and S14 to S24, an idea that gained some traction. It was, though, presented late in the day in an informal document and several delegations expressed a need for more time to consider its implications.
In light of that, Norway and Sweden withdrew their paper; Norway will cooperate with Germany to work up a formal proposal based on the German suggestion for the next session.
The Netherlands and Cefic arrived with a formal proposal to resolve ongoing discussions about the carriage of substances that require temperature control, following the inclusion in 2019 of newly agreed provisions into 7.1.5 from the 20th revised edition of the UN Model Regulations. One issue that was easy to resolve was that the title of Chapter 7.1 had been amended following the addition of the new 7.1.7 to read: ‘GENERAL PROVISIONS AND SPECIAL PROVISIONS FOR TEMPERATURE CONTROL’. However, this was seen as misleading as 7.1.1
AS USUAL, A NUMBER OF NEW AND REVISED STANDARDS
WERE ADOPTED, ALONG WITH CLARIFICATION AS TO HOW
STANDARDS SHOULD BE APPLIED IN THE CONTEXT OF to 7.1.6 apply to containers in general and the title might have legal implications. It was agreed to change the title back to ‘GENERAL PROVISIONS’.
It was also agreed to clarify 7.1.7.4.5 by changing ‘Thermal insulation’ at the start of (a) and (b) to “Vehicle, container, packaging or overpack with thermal insulation”.
The main change proposed, which again was accepted by the Working Party, was to insert the following text at the start of the existing 7.1.7.4.7:
Insulated, refrigerated and mechanically refrigerated containers intended for the carriage of temperature controlled substances shall conform to the following conditions: (a) The overall heat transfer coefficient of an insulated container shall be not more than 0.4 W/m²/K; (b) The refrigerant used shall not be flammable; and (c) Where containers are provided with vents or ventilation valves care shall be taken to ensure that refrigeration is not impaired by the vents or ventilation valves.
In the existing text, “or containers” is deleted twice.
France had spotted the need for some consequential amendments following the Joint Meeting’s decision at its autumn session to delete those rows in the table in 6.2.4.2 in which column (3) has an expired date. The same should be done in 6.8.2.6.2 on the inspection and testing of tanks, it felt. The Working Party agreed and deleted the row starting EN 12972:2007 in the table in 6.8.2.6.2. For the updated standard, EN 12972:2018, column (4) is amended to read “Until further notice”.
France also followed up on earlier proposals from the European Committee for Standardisation (CEN) to clarify the paragraphs introducing the tables of standards in Chapters 6.2 and 6.8. CEN’s initiative had been welcomed and it had offered to submit an official proposal, taking account of comments received. However, no such comments had been received by the deadline for official documents and France provided in an informal document the changes that had been agreed by the Joint Meeting’s Working Group on Standards. While the proposal was in the form of an informal document, it was deemed permissible to agree to the new texts, on the basis that they do not constitute a material change to the regulations and merely clarify their application.
As a result, the paragraphs before the tables in 6.2.4.1 are amended to read:
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Since 1 January 2009 the use of the referenced standards has been mandatory.
Exceptions are dealt with in 6.2.5.
Type approval certificates shall be issued in accordance with 1.8.7. For the issuance of a type approval certificate, one standard applicable according to the indication in column (4) shall be chosen from the table below. If more than one standard may be applied, only one of them shall be chosen.
Column (3) shows the paragraphs of Chapter 6.2 to which the standard conforms.
Column (5) gives the latest date when existing type approvals shall be withdrawn according to 1.8.7.2.2.2; if no date is shown the type approval remains valid until it expires. Free DG Label ID poster with every orderStandards shall be applied in accordance with 1.1.5. They shall be applied in full unless otherwise specified in the table below.
The scope of application of each standard is defined in the scope clause of the standard unless otherwise specified in the table below.
A similar amendment is made to 6.8.2.6.1, except that in the first paragraph is refers to
“6.8.2.7 and 6.8.3.7”, in the second paragraph to “1.8.7 and 6.8.2.3” and in the third paragraph to “Chapter 6.8”. Likewise, the same text is amended in 6.8.3.6, and there are some other textual amendments.
On the basis of an oral proposal by the secretariat, the Working Party agreed to
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WP15 HAS ADOPTED NEW PROVISIONS FOR FRP TANKS www.labeline.com
FROM THE MODEL REGULATIONS BUT ALSO RETAINED ITS ***NEW*** reintroduce the definition of coefficient C in the table in 6.5.5.1.6, which had also been IATA available in adopted as a correction to the International spiral format Maritime Dangerous Goods (IMDG) Code. The secretariat will inform the UN Sub-committee of Experts of the change, as it also concerns the Model Regulations.
The Netherlands sought to close out discussion of what is to be understood by the ‘date of first registration’ of vehicles, following a decision in principle at the 109th session of WP15. It stressed that this date is important, since it determines which requirements of Chapter 9.2 apply to a vehicle. Following discussion with Sweden and Germany, a guidance document had been drawn up to help dutyholders interpret the requirements. After some editorial amendments put forward A Guide to Exemptions from th Edition the International Carriage of Dangerous Goods by Road 5 by the UK were incorporated, the Working Party agreed that this text will be posted on the UN ECE website. OTHER BUSINESS With the fall in the number of documents submitted during the pandemic of 2020/2021, the Working Party is aware that the next two years may well see an increase in proposals. In particular, it is also aiming to finish work on the use of electric vehicles during 2022. As such, it was agreed that there will be a five-day session in May 2022, a four-day session in November 2022 and two five-day sessions in 2023. On a proposal from Belgium and the Netherlands, Ariane Roumier and Alfonso Simoni we re-elected as chair and vice-chair, respectively, for 2022.
ROGER WRAPSON
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