Changes planned for RID/ADR/ADN

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MULTIMODAL • THE JOINT MEETING AGREED A NUMBER OF CHANGES FOR THE 2023 EDITIONS OF RID, ADR AND ADN, THOUGH THESE REMAIN TO BE CONFIRMED BY THE MODAL BODIES

THE JOINT MEETING of the RID Committee of Experts and the Working Party on the Transport of Dangerous Goods (WP15) of the UN Economic Commission for Europe held its spring session in Bern, Switzerland from 15 to 19 March 2021, in a hybrid format with both in-person and online attendance. The joint meeting’s main task is to ensure the maximum possible degree of harmonisation between the regulations that govern the transport of dangerous goods by rail (RID), road (ADR) and inland waterway (ADN) in Europe and, increasingly, elsewhere around the globe. While it is charged also with aligning the modal regulations with the UN Model Regulations insofar as possible, it concentrates in particular on the rules for the design, construction, maintenance and inspection of the various means of containment.

The spring session was chaired by Claude Pfauvadel (France) with Silvia Garcia Wolfrum (Spain) as vice-chair. It was attended by representatives of 25 countries (including the US), the European Commission, the EU Agency for Railways (ERA), the Organisation for Cooperation between Railways (OSJD) and 16 non-governmental organisations.

Following on from the reports of the Working Group on Tanks and the informal London Group on tank inspection, discussions of new standards and some outstanding items held over from the previous session (HCB July/August 2021, page 88), the Joint Meeting moved on to debate some new proposals.

PROPOSALS AND DECISIONS The first of these came from Germany and sought the inclusion of provisions for the carriage of molten aluminium (under UN 3257 for elevated temperature liquid, nos). At present, according to special provision VC 3, the conditions of carriage are set by the competent authority of the country of origin and Germany felt it would be better to include some uniform minimum requirements. The proposal followed on from an incident in which molten aluminium leaked from a vat after the ventilation valve had been broken off; transport in such vats is not approved in Germany and this shipment had come from another country.

Germany supplied a proposal with general requirements, fire and explosion protection standards, and the construction, testing and inspection of vats. The Joint Meeting felt that this needed further investigation and decided to establish a new informal working group, with terms of reference supplied by Germany.

Germany also proposed to delete the requirement in 1.8.7.2.3 for technical documentation to be attached to the design type approval certificate, saying it is redundant as it is already annexed to the design type test report. Several delegations raised concerns and the proposal was withdrawn.

The secretariat came with a proposal based on the new entries for electronic detonators (UN 0511, 0512 and 0513) that had been

introduced in the 2021 editions of RID/ADR/ ADN. As security provisions had also been introduced, and noting that UN 0512 and 0513 are both assigned to Division 1.4 (1.4B and 1.4S, respectively), those provisions are now out of line with the security provisions for UN 0511 (Division 1.1B).

The Joint Meeting agreed with the secretariat’s argument and added “0511” after “0500” in the first indent of 1.1.3.6.2 (not for RID) and in the first sentence of 1.10.4.

The European Industrial Gases Association (EIGA) came with news of a successful resolution to the long-running efforts to achieve some level of mutual recognition of pressure receptacles between the US Hazardous Materials Regulations (HMR) and RID/ADR/ADN. In November 2020, the US Department of Transportation (DOT) had issued a final rule to allow “the import of filled pi-marked foreign pressure receptacles for storage incidental to movement, transport to point of use, discharge, and export” and also

THE JOINT MEETING EXISTS TO ENSURE SEAMLESS

OPERATIONS IN INTERMODAL TRANSPORT BUT HAS TO

BALANCE THE DIFFERING REQUIREMENTS OF ROAD, RAIL

AND INLAND WATERWAY SHIPPING the transport of such pressure receptacles for export, including filling and storage incidental to movement. This change also applied to adsorbed gas packages.

EIGA offered a formal proposal to add into RID/ADR/ADN new provisions to mirror these changes, following their presentation in an informal document at the autumn 2020 Joint Meeting. Following some input from France and slight amendments, this was adopted, resulting in a new 1.1.4.7: Refillable pressure receptacles authorized by the United States of America Department of Transportation 1.1.4.7.1 Import of gases

Refillable pressure receptacles authorised by the United States of America Department of Transportation and constructed and tested in accordance with standards listed in Part 178, Specifications for Packagings of Title 49, Transportation, of the Code of Federal Regulations accepted for carriage in a transport chain in accordance with 1.1.4.2 may be carried from the location of the temporary storage at the end point of the transport chain to the end user.

The consignor for the RID/ADR carriage shall include the following entry in the transport document: “CARRIAGE IN ACCORDANCE WITH 1.1.4.7.1”. 1.1.4.7.2 Export of gases and empty uncleaned

pressure receptacles

Refillable pressure receptacles authorised by the United States of America Department of Transportation and constructed in accordance with standards listed in Part 178, Specifications for Packagings of Title 49, Transportation, of the Code of Federal Regulations may be filled and carried only for the purpose of exporting to countries which are not RID Contracting States/ Contracting Parties of ADR provided the following provisions are met: (a) The filling of the pressure receptacle is in accordance with the relevant requirements of the Code of Federal Regulations of the United States of America. (b) The pressure receptacles shall be marked and labelled in accordance with Chapter 5.2 of RID/ADR. (c) The provisions of 4.1.6.12 and 4.1.6.13 shall apply to pressure receptacles. Pressure receptacles shall not be filled after they become due for periodic inspection but may be carried after the expiry of the time-limit for purposes of performing inspection, including the

AFTER MUCH DISCUSSION, THE ISSUE OF THE

TRANSPORT OF PRESSURE RECEPTACLES BETWEEN

EUROPE AND THE US IS CLOSE TO BEING SETTLED

intermediate carriage operations. (d) The consignor for the RID/ADR carriage shall include the following entry in the transport document: “CARRIAGE IN ACCORDANCE WITH 1.1.4.7.2”

No transitional provision is needed as the existing multilateral agreement M318 (under ADR) is valid until mid-2023.

Still on the subject of pressure receptacles, Germany proposed a change to 6.2.3.1.5, which includes a prohibition on the fitting of fusible plugs to non-UN acetylene cylinders; this was based on a German proposal in 2014. Since then, alternative pressure relief devices have come onto the market and need to be recognised. The German proposal suggested replacing “fusible plugs” in 6.2.3.1.5 with “pressure relief devices”.

There was general support for the idea among the Joint Meeting but in the end it was felt better to keep the reference to fusible plugs but to add “or any other pressure relief devices” immediately after.

The European Association of Dangerous Goods Safety Advisers (EASA) sought a change to the first sentence of 7.4.1 (7.4 in RID), finding it confusing as it stands. This paragraph only concerns ADR/RID tanks for transport by land and not UN portable tanks; however, the reference to “a code” being shown in column (10) or (12) of the Dangerous Goods List is misleading, as column (10) is titled “instructions” and only column (12) has the word “code”.

The Joint Meeting agreed that clarification would be worthwhile and adopted a revised text for that paragraph:

Dangerous goods may only be carried in tanks when a portable tank instruction is shown in column (10) or when a tank code is shown in column (12) of Table A of Chapter 3.2, or when a

competent authority has issued an authorisation in accordance with the conditions specified in 6.7.1.3.

The European Council of the Paint, Printing Ink, and Artist’s Colours Industry (CEPE) reported on an impending difficulty for its members. There has, it said, been a consistent move away from solvent-based paints and inks to water-borne versions, reducing the volume of volatile organic compounds released to the environment. Water-borne paints normally contain a biocide to protect against spoilage. The 15th ATP to the EU Regulation on the Classification, Labelling and Packaging of Chemicals (CLP) includes a change in classification that will result in many such paints meeting the classification criteria for UN 3082, packing group III. That ATP applies from 1 March 2022, meaning that those products will then fall within the scope of the packaging requirements for dangerous goods.

UN-approved packaging suitable for these paints and inks in quantities above 5 litres is not yet available for all product types, as there has not yet been a widespread demand for such packagings. The current timeframe to make the changes to classification and source suitable approved packagings is, CEPE said, insufficient. It sought a transitional measure applicable to products carried in packagings of 30 litres or less.

The Joint Meeting was concerned that the adoption of any transitional provision should have to focus on paints and inks specifically, rather than to all UN 3082 material. It was also felt that the matter could be dealt with more simply by means of a multilateral agreement. Delegates were invited to send written comments to CEPE, which will prepare a revised proposal for discussion at the next session.

At the spring 2019 session of the Joint Meeting, the Netherlands had queried the need for the container/vehicle packing certificate to be provided along with the transport document, as it only applies when the carriage in question precedes a voyage by sea. While the certificate is required under the International Maritime Dangerous Goods (IMDG) Code, the fact that it is not necessary when a voyage by sea is not involved indicates that it cannot be considered as a measure to improve safety during transport by road or rail. The Joint Meeting had agreed in principle and the Netherlands promised to return with a formal proposal, which it now did.

After some discussion and amendment of the proposal, the Joint Meeting agreed some changes. In the first sub-paragraph of 5.4.2, the requirement that a container/vehicle packing certificate “shall be provided with the

transport document” is changed to “shall be provided to the maritime carrier by those responsible for packing the container”. In the second paragraph of 5.4.2, “; if not, these documents shall be attached” is replaced by “(see for example 5.4.5)”. The Note after that second sub-paragraph is deleted. In the third sub-paragraph, “also” is inserted after “may”. In 8.1.2.1(a) (for ADR) and (b) (for ADN), the words “and, when appropriate, the container/ vehicle packing certificate prescribed in 5.4.2” are deleted.

The International Road Transport Union (IRU) provided its thoughts on possible terms of reference for a new informal working group on e-learning, as had been earlier agreed. The Joint Meeting agreed on the importance of considering the possibility of e-learning under the circumstances of the pandemic measures and to develop appropriate guidelines but there were some comments on IRU’s proposals. Interested delegates were invited to notify their interest in participating in the informal working group to IRU, which will organise a kick-off meeting that could further develop the draft terms of reference for final adoption at the next session of the Joint Meeting.

The European Chemical Industry Council (Cefic) raised a problem that has emerged since the adoption of a change to the proper shipping name for UN 1010 Butadienes and hydrocarbon mixture, stabilised, for harmonisation with the UN Model Regulations. This specifies a mixture containing more than 40 per cent butadienes; however, in practice European producers supply such mixtures with a percentage of at least 20 per cent butadienes and in about half of all cases less than 40 per cent; the remainder can have concentrations of up to 45 per cent. This means that, for each shipment – and even for each package (truckload, rail tank car, tank container), the shipper has to determine whether the percentage of butadiene is more or less than 40 per cent. If it lower than 40 per cent, then UN 1010 cannot be used and a different entry – most likely UN 3161 or 1965 – used instead.

Cefic noted that this involves no difference in transport conditions, so from a technical point of view, the selection of the UN number has no impact. On the other hand, neither UN 3161 not 1965 provide information to emergency responders of the presence of butadiene and its carcinogenic hazard. Nor do they have a description that accommodates the word ‘stabilised’. As such, UN 1010 best reflects the hazards of butadiene mixtures

HAZARDOUS WASTE SHIPPERS HAVE A NUMBER OF

PROBLEMS TO CONTEND WITH WHEN TRYING TO COMPLY

WITH THE REGULATIONS, NOT LEAST CALCULATING

EXACTLY HOW MUCH WASTE THERE IS

and the apparent arbitrary cut-off of 40 per cent introduces both a clouding of hazard communication and a complication for IT systems.

In its informal document, Cefic sought the reinstatement of the previous proper shipping name as an alternative for UN 1010 and a multilateral agreement to make it possible to use this entry. The Joint Meeting could not for now support the first part of this proposal but recommended that Cefic help in preparing a multilateral agreement for discussion at future sessions of WP15 and the Joint Meeting. It also recommended that Cefic submit a new proposal to the UN TDG Sub-committee.

The European Federation of Waste Management and Environmental Services (FEAD) provided the Joint Meeting with a report on the informal working group on the transport of hazardous waste, which inter alia had been charged with looking at the requirements for the quantity of transported in the transport document and had met twice, each time reporting back to the Joint Meeting. The problem it is seeking to address is that, for practical reasons, it is sometimes not feasible to provide the exact quantity of waste being transported and there should be a certain degree of tolerance. FEAD’s paper offered a solution, which was adopted as a new 5.4.1.1.3.2 (the current 5.4.1.1.3 becoming 5.4.1.1.3.1):

If there is no possibility to measure the exact quantity of the waste at the place of loading, the quantity according to 5.4.1.1.1 (f) may be estimated for the following cases under the following conditions: (a) For packagings, a list of packagings including the type and the nominal volume will be added to the transport document; (b) for containers, the estimation will be based on their nominal volume and other available information (e.g. type of waste, average density, degree of filling); (c) for vacuum operated waste tanks, the estimation shall be justified (e.g. by means of an estimation provided by the consigner or by wagon/vehicle equipment). Such estimation of the quantity is not allowed for: - Exemptions for which the exact quantity is essential (e.g. 1.1.3.6); - Waste containing substances mentioned in 2.1.3.5.3 and/or substances of Class 4.3; - Tanks other than vacuum operated waste tanks. [A statement shall be included in the transport document, as follows: “QUANTITY ESTIMATED IN ACCORDANCE WITH 5.4.1.1.3.2”.]

The final part, agreed during debate, is left in square brackets pending further discussion at the next meeting.

OTHER BUSINESS The European Recycling Industries’ Confederation (EuRIC) had applied for consultative status at the previous session, which was now provided, allowing EuRIC to participate in the Joint Meeting from the autumn 2021 session.

France and Germany informed the Joint Meeting of the current status of the working group on telematics for the transport of dangerous goods and the ongoing activities within the EU on the implementation process of Regulation (EU) 2020/1056 on electronic Freight Transport Information (eFTI).

The Joint Meeting agreed the need to adapt on a biannual basis the data model for the transport of dangerous goods and to use in this respect the existing structure of the Ad hoc Working Group on Harmonisation, which was due to hold its next session immediately after the Joint Meeting.

It was noted that the future data model would most probably consist of a first part containing more general data and a second part covering the data for the transport of dangerous goods. It was also noted that the maintenance of that second part would be facilitated by referencing the dangerous goods data model. The EU updated the Joint Meeting on the more recent coordination activities on the cooperation with Member States and relevant stakeholders.

The Joint Meeting was informed that the London informal working group on tank inspection would meet again virtually on 8 and 9 June 2021 to resume discussion on remaining open issues. The Joint Meeting’s autumn session is due to take place in Geneva from 21 September to 1 October 2021.