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Preparing for 2021 changes to RID/ADR/ADN
ON THE WAY
MULTIMODAL • A HEFTY AGENDA FOR THE JOINT MEETING’S AUTUMN 2019 SESSION SAW A NUMBER OF IMPORTANT AMENDMENTS AGREED FOR THE 2021 TEXTS OF RID, ADR AND ADN
THE JOINT MEETING of the RID Committee of Experts and the UN Economic Commission for Europe’s (ECE) Working Party on the Transport of Dangerous Goods (WP15) held its autumn 2019 session in Geneva this past 17 to 26 September. During the lengthy session, the Joint Meeting continued with its business of transposing the latest round of regulatory amendments from the UN Model Regulations into the modal regulations that apply across Europe and increasingly (especially for road transport) further afield.
The Joint Meeting’s aim is to maintain harmonisation, insofar as is possible, between the regulations covering the transport of dangerous goods by rail (RID), road (ADR) and inland waterways (ADN).
The meeting was chaired as usual by Claude Pfauvadel (France) with Silvia García Wolfrum (Spain) as vice-chair. It was attended by representatives from 22 countries as full members, a representative from DR Congo in a consultative capacity, the European Commission (EC), the EU Agency for Railways (ERA), the Organisation for Cooperation between Railways (OSJD) and 20 nongovernmental organisations.
The first part of this two-part report on the session in last month’s edition (HCB February 2020, page 50) covered the decisions made by the Working Group on Tanks and changes agreed for the sake of harmonisation with the latest edition of the UN Model Regulations. This second part covers the deliberations of the Standards Working Group as well as a lengthy list of other proposals for amendment.
STANDARDS Finland followed up on previous discussions on the updating of referenced standards in two official documents. The first concerned EN ISO/IEC 17025, for which the 2005 edition remains in force until October 2020. Finland’s paper invited the experts to consider whether it is necessary to indicate in RID/ADR/ADN the year of the standards referenced therein; if no year is given then the most current version or versions would be deemed to be valid.
The experts declined to pick up on this, preferring merely to replace the reference in 1.8.6.4.1 to the 2005 version with “EN ISO/IEC 17025:2017”. They also felt unable to delete the reference to the 2012 version of EN ISO/ IEC 17020, as requested by Finland.
References to EN ISO/IEC 17020:2012 throughout RID/ADR/ADN are all appended with “except clause 8.1.3” and Finland’s second paper invited the experts to consider whether this was still needed. Its inclusion goes back to the original adoption of the updated standard in
THE JOINT MEETING NEEDS TO TAKE ACCOUNT
2013, when it incorporated an option to use a management system in accordance with the requirements of ISO 9001.
The Joint Meeting felt that this was, in fact, still needed. Further, as the 2017 edition of EN ISO/IEC 17025 has been restructured along the same lines, this text should be added there too. The already amended reference in 1.8.6.4.1 was further amended to read: “EN ISO/IEC 17025 (except clause 8.1.3)”.
Other papers relating to the use of standards in the regulations were passed to the Working Group on Standards, which fi rst looked at a paper from CEN that gave an update on current work on the revision of standards referenced in RID/ADR/ADN. CEN also noted that, since ADR is no longer a ‘European’ agreement, it should reference ISO standards rather than EN ISO standards. On refl ection, the Working Group took the opposite tack, opting to reference the EN ISO version wherever it exists, thus eliminating the need for a Note to say that the EN version is also acceptable. This applies to only a few entries in the Table in 4.1.6.1.5: ISO 11114-2:2013, ISO 11621:1997 and ISO 11117:1998. Also in that table, reference is now made to Annex A of EN ISO 17879:2017, rather than to the standard itself. In packing instruction P200(13) 2.4, reference to EN 11114-2:2013 is replaced by reference to EN ISO 11114-2:2013.
The Working Group reviewed the other new and revised standards and made recommendations to the Joint Meeting, which were accepted. As a result, the following changes will be made in the 2021 texts.
In 6.2.4.1, EN ISO 9809-1:2010 will expire on 31 December 2022 and a new entry is added for the 2019 version of the standard; similar changes are made against EN ISO 9809-2:2010 and EN ISO 9809-3:2010.
In 6.2.4.2, EN ISO 10462:2013 will expire on 31 December 2022; a new entry is added for EN ISO 10462:2013 + A1:2019, which will be mandatory from 1 January 2023. The entry for EN 1803:2022 (except Annex B) is amended to show it is available until 31 December 2022 and a new entry is added for EN ISO 10460:2018, which again will be mandatory from 1 January 2023.
RETURNING PROPOSALS Sweden and Switzerland came back with a further paper, following discussions at the Joint Meeting as well as the RID standing working group and WP15, concerning the marking of wagons and containers containing dangerous goods in limited quantities along with other dangerous goods that require a placard. In such cases, there is no need to show the LQ mark as well, which the proposers felt perverse.
They offered the following illustration: if a container is carrying 28,000 litres of UN 1170 ethanol in 5-litre plastics jerrycans, it must bear the LQ mark. If, however, it is also carrying 60 kg of UN 3077 environmentally hazardous substance, solid, it only has to show the Class 9 placard, thus failing to communicate that there is an additional hazard. The joint proposal was to amend text in 3.4.13 to require both or all relevant placards.
Concern was raised that such a move would put RID/ADR/ADN out of step with the requirements of the International Maritime Dangerous Goods (IMDG) Code, which does not require the LQ mark in such cases. The majority of delegates did not support the proposal. Switzerland promised to return with another related proposal in relation to tunnel restrictions at the next session of WP15.
The International Road Transport Union (IRU) followed up on earlier discussions of its proposal to allow online refresher training for drivers of dangerous goods. While the idea has been accepted in principle, further work was deemed necessary. In an informal document, IRU put forward proposed guidelines for the use of e-learning systems, which generated some discussion. On the basis of the comments made, IRU will prepare a revised document for the spring 2020 Joint Meeting. »
THE DEFINITION OF ‘TANK CONTAINER OPERATOR’ HAS
BEEN AMENDED TO REFLECT THE FACT THAT MANY
OWNERS ARE LESSORS AND USUALLY PLAY NO PART
NEW PROPOSALS Italy had spotted what it felt was a contradiction between special provision 375, which applies to UN 3082, and special packing provision PP1 of packing instruction P001. The first provides a total exemption from the provisions of RID/ADR other than the general provisions in 4.1.1, while the second only exempts the substances from the performance tests in Chapter 6.1. Italy proposed that specific reference to “adhesives, printing inks, printing ink related materials, paints, paint related materials and resin solutions which are assigned to UN 3082” should be deleted from PP1 of P001.
The Joint Meeting, on the other hand, stressed that the exemptions provided in SP 375 are optional, so consignors may choose to apply the provisions, whereas PP1 of P001 stipulates that packages may be used that have not been subject to the tests in Chapter 6.1. It was felt that the wording of SP 375 and PP1 is sufficiently clear and no amendment was necessary.
On a rather similar theme, Switzerland sought amendments to 2.2.9.1.10.6 and 2.1.3.8 to make it clear that environmentally hazardous substances should only be assigned to UN 3077 or 3082 if no other entry of Class 9 is applicable. Currently it is the case that substances or mixtures shall only be assigned to entries of UN 3077 or 3082 if they are not otherwise classified according to RID/ADR; conversely, whatever the contained dangerous goods, when they contain environmentally hazardous goods, the consignment must be identified with the environmentally hazardous mark shown in 5.2.1.8.3. To make its point, the paper from Switzerland noted that, in the case of elevated temperature substances of UN 3257 that also meet the criteria for environmentally hazardous substances, it is impossible to determine which entry is appropriate.
This time the Joint Meeting was more sympathetic and adopted the proposed changes. As a result, in the second sentence of 2.1.3.8, “or of no other substance of Class 9” is added after “Other substances meeting the criteria of no other class”. In 2.2.9.1.10.6, “not otherwise classified under RID/ADR” is replaced by “that do not meet the classification criteria of any other class or another substance within Class 9”.
Portugal noted that the definitions of technical terms in 1.2.1 is clear and concise and a great advantage for users. However, 1.2.1 also contains the meaning of numerous acronyms and abbreviations, which is useful but these do not provide definitions. Its paper proposed moving these abbreviation and acronyms to a new 1.2.3, noting that the IMDG Code has taken a similar approach. The Joint Meeting welcomed the idea and the work done by Portugal, and some additional suggestions
UIC’S UPDATES TO ITS LEAFLETS WILL MEAN
CHANGES IN THE ROAD RULES TOO
were made. A revised proposal will be prepared for the next session.
While on 1.2.1, the International Tank Container Organisation (ITCO) sought a change to the definition of ‘tank-container/ portable tank operator’, following discussion by the Working Group on Tanks at the spring 2019 Joint Meeting. The problem at the moment is that the definition speaks of “any enterprise in whose name the tank is registered”, whereas quite often that enterprise may be a financial entity that plays no part in operating the tank.
The Joint Meeting agreed, with that definition amended to read: “Tank-container or portable tank operator” means any enterprise in whose name the tank-container or portable tank is operated;
The International Union of Railways (UIC) advised the Joint Meeting of the ongoing development of its technical literature and the transformation of existing UIC leaflets into International Railway Solutions (IRS). As RID/ ADR references these in 6.11.4.1 and 7.1.3, it is necessary to update those references. The Joint Meeting agreed and, in those paragraphs, removed reference to UIC leaflets 591, 592 and 592-2 to 592-4 with reference to IRS 50591 (Roller units for horizontal transhipment – Technical conditions governing their use in international traffic) and 50592 (Intermodal transport units (other than semi-trailers) for vertical transhipment and suitable for carriage on wagons – Minimum requirements), together with footnotes to indicate the applicable edition.
UIC had also spotted that the list of collective entries in 2.2.2.3 includes under classification code 6A the entry for UN 2857 Refrigerating machines containing non-flammable, non-toxic gas or ammonia solutions, whereas there is no mention under classification code 6F of UN 3358 Refrigerating machines containing flammable, non-toxic liquefied gas. The Joint Meeting agreed this was an error and added UN 3358 to the list.
Germany proposed a change to special provision 591 which, it said, is in conflict with the EU Classification, Labelling and Packaging of Chemicals (CLP) Regulation. According to the CLP Regulation, lead sulphate with not more than 3 per cent free acid is classified as an environmentally hazardous substance; however, SP 591 prevents such a classification. Germany proposed amending SP 591 to clarify that such substances are not subject to the requirements for Class 8, rather than the whole of RID/ADR/ADN. There was broad support but some comments were made and a revised proposal will be presented at the next session.
Germany also sought the deletion of transitional provision 1.6.1.22, introduced with the 2011 revision, since the marking requirements for the inner receptacles of composite intermediate bulk containers (IBCs) has changed. The Joint Meeting agreed and deleted that paragraph.
France sought a change to 6.2.2.11 to harmonise the conformity assessment procedures for valves and other demountable accessories on UN and non-UN pressure receptacles. At present, 6.2.3.6.1 allows such accessories for non-UN refillable pressure receptacles to undergo conformity assessment separately from the receptacles themselves, but there is no equivalent permission in 6.2.2.11 for UN pressure receptacles. The Joint Meeting agreed and, after the table in 6.2.2.11, added the following text: For refillable pressure receptacles, the conformity assessment of valves and other demountable »
accessories having a direct safety function may be carried out separately from that of the pressure receptacles.
Spain identified a number of cases where the proper shipping name and/or description in the UN Model Regulations is not followed in RID/ADR, for one reason or another. It suggested that a group be convened to study the possibility of harmonising these entries. Following discussion and a number of suggestions, Spain will prepare a proposal on the subject of UN 1012 butylene for discussion by the UN TDG Sub-committee, and further develop its proposals for the next session of the Joint Meeting.
Spain also noticed that special provision 593, which applies to UN 1913, 1951, 1963, 1970, 1977, 3136 and 3158, all gases that can be used for cooling purposes, should be contained in double-wall receptacles if they are to be exempted from the requirements of ADR other than those in 5.5.3. However, 5.5.3.2.1 makes no mention of double-wall receptacles. Spain thought it likely that SP 593 had not been modified when amendments were made to 5.5.3.
The Joint Meeting agreed there was a need for change and, after discussion, Spain offered to prepare a revised proposal for the next session.
In another submission, Spain felt that the introduction of the term ‘temperature controlled’ in 3.1.2.6 in the 2019 text of ADR/ ADN meant that consequential amendments were needed, particularly in 5.4.1.1.15 and 7.1.7.3.2. Several delegations supported the proposals in principle and the Joint Meeting invited Spain to take the proposal to the UN TDG Sub-committee for its consideration. A similar proposal on the use of the word ‘molten’ will be revised for submission at a future session.
Another paper from Spain addressed UN 1043 Fertiliser ammoniating solution with free ammonia, which is regulated only by special provision 642, pointing to 1.1.4.2. This allows carriage in a transport chain that includes maritime or air carriage, in accordance with the conditions stipulated for the maritime or air leg. As a result, UN 1043 can be transported by rail or road using packing instruction P200 or the LQ or EQ provisions. However, in ADR UN 1043 is given a classification code 4A, indicating that it is a dissolved gas and, according to 2.2.2.2.2, dissolved gases that cannot be classified under UN 1001, 2073 or 3318 shall not be accepted for transport.
Spain offered a number of solutions to this conundrum and invited comments from other delegations. The Joint Meeting felt that it was the provisions in 2.2.2.2.2 that needed clarification and Spain offered to prepare a new document for consideration at the next session.
In an informal document Belgium discussed the carriage of refined cobalt dihydroxide in flexible IBCs (FIBCs). This had been done for many years, initially as a non-dangerous substance and, since 2005 under UN 3077 as a packing group III product. However, more recent testing in the context of the EU’s Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) Regulation has indicated an acute inhalation toxicity associate with the product, which would point to classification under UN 3288, Class 6.1, packing group I. The use of FIBCs is not permitted with such material, which will cause considerable disruption to the established supply chain and, Belgium said, require additional human intervention and handling and thus a higher risk of exposure by personnel.
A new design for a 13H3 FIBC has been developed in Belgium, manufactured from polypropylene with an inner liner of lowdensity polyethylene and protection for the filling and discharge spouts. This design has been successfully tested and a certificate of approval has been issued by the competent authority for packaging in Belgium. It now suggested that any optimised design of 13H3 or 13H4 FIBC should be permitted for the transport of refined cobalt dihydroxide under specified conditions.
Belgium will take the topic to the UN TDG Sub-committee and also intends to circulate a multilateral special agreement under ADR as an interim solution. The Joint Meeting endorsed that procedure and will resume discussion at the next session.
Germany noted that UN 1872 lead dioxide is given a Division 6.1 subsidiary hazard in RID/ ADR/ADN, while the UN Model Regulations and IMDG Code only have the primary hazard, Division 5.1. Its informal paper suggested aligning RID/ADR/ADN with the UN Model Regulations and included some necessary consequential amendments. The Joint Meeting welcomed the initiative and invited
Germany to submit an official document at the next session, to include any possible amendments specific to carriage in bulk.
Luxembourg felt that some clarification was needed on the packaging requirements of 1.1.3.1, given an apparent contradiction in sub-paragraphs (c) and (f), and that a training obligation should be included. Several comments were offered and the Netherlands thought more work was needed. A revised proposal will be prepared for the next session.
The Council on Safe Transportation of Hazardous Articles (COSTHA) felt that 7.5.2.3 of ADR is confusing. One part allows mixed loading on one vehicle in closed containers; another part offers exceptions from this allowance, referring to all kinds of mixed loading prohibitions in 7.5.2. COSTHA felt this is problematic to apply and offered two options for amendment. The Joint Meeting came up with some comments and invited COSTHA to
FLEXIBLE IBCS SUITABLE FOR PGI SUBSTANCES
HAVE NOW BEEN DEVELOPED submit the proposal to WP15 for consideration.
Switzerland sought to clarify the provisions in 5.5.3 relating to dry ice, which in the 2017 texts of RID/ADR/ADN was extended to apply to its carriage as a consignment in addition to its use as a coolant or conditioner. It pointed out that, if dry ice is carried as a consignment, the marking provisions in 5.5.3.4 do not apply, which it felt erroneous. Its paper offered some changes to put the matter right.
After discussion, the Joint Meeting agreed to make a number of changes. These include the addition of “the carriage of dry ice (UN 1845) and to” after “applicable to” in the title of 5.5.3, and the insertion of “in which dry ice (UN 1845) is carried or” after “containers” in various places. At the beginning of the first sentence of 5.5.3.4.1, “Packages…” is replaced by “Packages containing dry ice (UN 1845) as a consignment shall be marked “CARBON DIOXIDE, SOLID” or “DRY ICE”; packages…”
Italy queried the interpretation of the provisions of 4.1.1.21.2, which specifies the height of the stacking test depending on the relative density of the filling substance. It felt that there is some discrepancy between »
the various minimum or maximum relative densities mentioned. Several delegations raised concerns and Italy offered to review the issue and, if necessary, present a follow-up proposal.
INFORMAL WORKING GROUPS The European Industrial Gases Association (EIGA) reported on the progress being made with the US Department of Transportation (DOT) and EIGA’s US counterpart, the Compressed Gas Association (CGA) to allow the transport of UN refillable pressure receptacles authorised in Europe to and from the US. It is now anticipated that there will be a regulatory rulemaking in the US in mid-2020.
In the meantime, the Joint Meeting approved in principle a proposal made by the informal working group to insert new provisions in RID/ADR at 1.1.4.6, based on the text of the current multilateral agreement M318, covering the import of US pressure receptacles to Europe and the export from Europe of UN pressure receptacles to the of hazardous waste, which had met for the first time in April 2019. At that meeting, national representatives from seven countries explained their relevant national derogations, from which the group determined those issues that should be brought to the Joint Meeting for further discussion. These include: - The collection of waste chemicals in small inner packaging, when the original outer packaging no longer exists and the package cannot therefore fulfil all the requirements of ADR - The collection of hazardous household waste under the terms of the EU Waste
Framework Directive, which does not integrate ADR provisions - The re-use of packaging for the return of waste, which is not forbidden but difficult to carry out in compliance with ADR since the original packaging certificate and manufacturer’s instructions are seldom available - Confusion over the scope of applicability of special provision 663 with reference to UN 3509 empty packaging - A lack of correlation between most of the hazardous waste property categories and ADR - The potential presence of hazardous household waste in the collection of non-hazardous waste such as empty packaging - Differing interpretations of 2.1.3.5.5 of
ADR, which deals with unidentified waste - Considerations of chemical compatibility of plastic packagings used for the movement of waste of uncertain properties - The packaging of medical waste - The strict requirement in ADR to show the exact quantity of waste, which is often not feasible and does not match the tolerance provided by environmental legislation - The transport of polymerising waste (which is already under consideration
US. The Joint Meeting felt it best to hold off from any firm decision until the autumn session, by which point US DOT may have taken action.
The European Federation of Waste Management and Environmental Services (FEAD) presented an update on the work of the informal working group on the transport
A WORKING GROUP IS TO CONSIDER ISSUES
by the Joint Meeting) - The transport of large volumes of contaminated asbestos.
The Joint Meeting recommended that the carriage of used pressure receptacles such as aerosols and gas cartridges in bulk be added to the list. It was agreed that the informal working group should continue its examination of the issues, concentrating initially on those of high importance so that it would be possible to include amendments to the 2023 texts of RID/ADR/ADN, and also on those that can be resolved relatively easily. FEAD said it would organise another meeting and asked for volunteers to host the group.
Germany, on behalf of the informal working group on telematics, presented a report of the group’s meeting in June 2019, where it finalised the draft text of Guidelines for the use of 5.4.0.2 in RID/ADR/ADN. This paragraph allows the use of electronic data exchange to satisfy the documentation requirements of Chapter 5.4, provided the procedure for capturing, storing and processing the data meet the legal requirements as regards evidential value and availability during transport in a manner at least equivalent to that of paper documentation, although this equivalence is not defined.
The Joint Meeting welcomed the work and, with one change, agreed to forward the Guidelines for consideration by WP15 and the RID Committee of Experts. It was also agreed that the Guidelines could be applied on a voluntary basis and for each transport mode separately; however, if they are used, they must be applied consistently. A follow-up meeting was due to be held in January 2020 to clarify technical issues relating to the implementation of the Guidelines. Some delegations said they still needed to verify issues relating to data security before committing to use the Guidelines.
Romania updated the Joint Meeting on its efforts, along with Switzerland, to rationalise the use of the terms ‘risk’ and ‘hazard’ throughout the regulations, having presented a paper to the UN TDG Sub-committee at its summer 2019 session. Since then, a correspondence group has been established, which has helped in the development of a consolidated table of proposed amendments.
Another point was raised, following a recent proposal by Belgium to replace the term ‘high consequence dangerous goods’ with ‘high risk dangerous goods’ in Chapter 1.10 of RID/ ADR/ADN. Is the use of the term ‘risk’ in the context of the security provisions correct? Should the UN TDG Sub-committee be involved? The Joint Meeting was of the opinion that the English text should not be changed, though there was a case to be made for the French text and that this should be taken to the UN TDG Sub-committee.
ACCIDENTS AND RISK MANAGEMENT The EU Agency for Railways (ERA) advised that the guides forming the Inland TDG Risk Management Framework (RMF) have now been published on the ERA website and on the website of the European Commission’s DG MOVE. This was welcomed by the Joint Meeting.
ERA also reported on the Risk Acceptance Criteria (RAC) that were discussed by the Expert Users and Development Group (EUDG); RMF does not impose RACs but only decision-making principles and some members of EUDG have been firmly against the setting of harmonised RACs. Work is proceeding in a collaborative manner to develop a further risk management platform, ERA said; this initiative was welcomed by the Joint meeting.
France reported on progress made by the informal working group on the improvement of the accident report, providing specimens of draft reports for RID and ADR while acknowledging that some items are still missing. Further work was due to take place in late 2019 and in February 2020.
OTHER BUSINESS Claude Pfauvadel and Silvia García Wolfrum were re-elected as chair and vice-chair, respectively, for 2020. The next session of the Joint Meeting will take place from 16 to 20 March 2020 in Bern.
