Transcript Folie 1

G. KAFKA

TRANSPORT OF DANGEROUS GOODS BY ROAD: safety and security, Council Directives 94/55/EC, 95/50/EC and 96/35/EC

SCHEME OF REGULATIONS ON DANGEROUS GOODS TRANSPORT

RECOMMENDED MULTIMODAL MODEL REGULATIONS implemented for  by  INTERNATIONAL AGREEMENTS

EU:

1.

extended scope: entire transport on territory of MS by directives 2.

3.

harmonized implementation by directives harmonized with internal market by directives EU Member States ROAD ADR

94/55/EC 95/50/EC

98/91/EC UN-MODEL REGULATIONS (DANGEROUS GOODS) IAEO-REGULATIONS (RADIOACTIVE MATERIAL) RAILWAY RID (COTIF) 96/49/EC

96/35/EC + 2000/18/EC

1999/36/EC INLAND NAVIGATION ADN (not yet in force) (draft directive) implementation by national law SEA IMDG-Code (SOLAS) AIR ICAO TI IATA DGR

• • • •

Directive 94/55/EC

on the approximation of the laws of the Member States with regard to the transport of dangerous goods by road “ADR-framework directive”

Adoption

21 November 1994,

publication

12.12.1994, p. 7 OJ L 319,

Adaptations

of

Annexes

A and B: 1.

2.

3.

4.

5.

13 December 1996, Directive 96/86/EC, OJ L 335, 24.12.1996, p. 43 21 May 1999, Directive 1999/47/EC, OJ L 169, 5.7.1999, p. 1 29 January 2001, Directive 2001/7/EC, OJ L 30, 1.2.2001, p. 43 7 April 2003, Directive 2003/28/EC, OJ L 90, 8.4.2003, p. 45 9 December 2004, Directive 2004/111/EC, OJ L 365, 10.12.2004, p. 25

Amendment:

10 October 2000, Directive 2000/61/EC, OJ L 279, 1.11.2000, p. 40

Decisions

, f.i. on derogations, corrections

SCOPE

Transport

of

dangerous goods

within or between Member States by road •

Excluded

:

Tdg

by

vehicles

belonging to or under the responsibility of the

armed forces

• Reserved

Option

:

Tdg

by

vehicles

not covered by the definition (e.g. tricycles, bicycles)

DEFINITIONS

DANGEROUS GOODS

,

TRANSPORT

• •

DANGEROUS GOODS: transport

substances and articles the of which by road is prohibited or authorized only in certain circumstances by Annexes A and B

TRANSPORT:

any road transport operation performed by a

vehicle

wholly or partly on

public roads

within the territory of a Member State, including the activity of loading and unloading, covered by Annexes A and B, without prejudice to the arrangements laid down by the laws of the Member States concerning liability in respect of such operations It shall not include transport wholly performed within the perimeter of an

enclosed area

DEFINITION

VEHICLE

• motor vehicle + trailer • for use on the road • at least four wheels • excepted – V. max. design speed not exceeding 25 km/h – V. running on rails – Agricultural and forestry tractors – Mobile machinery

PRINCIPLES

• •

dangerous goods

the

transport

of which is prohibited by Annexes A and B shall not be transported by road

transport

of other

dangerous goods

shall be

authorized

subject to compliance with the

conditions

imposed in Annexes A and B, in particular as regards: a) the packaging and labelling of the goods in question; and b) the construction, equipment and proper operation of the

vehicle

carrying the goods in question.

DEROGATIONS, RESTRICTIONS, EXEMPTIONS

• • national

transport

by

vehicles

registered in national territory performed under national law consistent with

UN-Model Regulations

• MS may regulate or prohibit

transport

of certain

dangerous goods

within its territory strictly for

reasons other than safety

during

transport

more stringent

provisions concerning

transport

performed by

vehicles

registered or put into circulation within its territory with the exception of construction requirements

DEROGATIONS, RESTRICTIONS, EXEMPTIONS

urgent

MS

measures

authorized by COM when, in case of accident / incident, provisions applicable have been found to be insufficient •

transport

within MS territory of

dangerous goods

classified, packaged and labelled in accordance with IMDG-Code or ICAO-TI whenever the transport operation involves a

sea or air voyage

• provisions on

languages

for marking / documentation not applicable to national transport operations

DEROGATIONS, RESTRICTIONS, EXEMPTIONS

transition

provisions for certain

vehicles

, packagings and the “Hazchem-Code” • derogations based on “multilateral special agreements” according to

1.5.1 ADR

• certain

derogations

notified to, authorized and issued in a Commission

decision

• • MS authorisations for national “

ad hoc

operations”

vehicles

of

non-member

international

transport

if the

transport

of transport countries may perform

dangerous goods

within the EU in question complies with the ADR

AMENDMENTS

• ANNEXES refer to ADR provisions, are updated in the same periods and published separately • Simplified procedure for updates of the Annexes

Directive 95/50/EC

on uniform procedures for checks on the

transport

of

dangerous goods

by road • • • •

Adoption

6 October 1995,

publication

17.10.1995, p. 35 OJ L 249 ,

Amendment:

7 May 2001, Directive 2001/26/EC, OJ L 168, 23.6.2001, p. 23

Adaptation of Annexes:

13 December 2004, Directive 2004/112/EC, OJ L 367, 14.12.2004, p. 23

Reports

from the commission on the application by the member states of directive 95/50/EC (to be sent to European Parliament und Council at least every three years) – COM/2000/0517 final – COM/2005/0430 final

SCOPE

• •

Checks

carried out by Member States on

Transport

in of

dangerous goods

by road •

Vehicles

travelling in their territory or entering it from a third country

DEFINITION

CHECKS

• any check, control, inspection, verification or formality • carried out by the competent authorities • for reasons of safety (and security) inherent in the

transport

of

dangerous goods

CHECKS

: REQUIREMENTS

representative proportion

d. g. transported

of consignments of by road to be checked • random checks • • extensive portion of the

road network

covered as far as possible

places

to be for checks well chosen with regard to possible safety hazards of measures in case of infringing

vehicles

• • within reasonable length of

time samples

of the load may be taken for examination by recognized laboratories

CHECKLIST

• checklist (annex I) to be used • copy of completed checklist (or certificate on result of

check

) to be given to the driver • in case of a subsequent

check

driver shall present copy (or certificate) on request • subsequent

checks

to be simplified or avoided, unless on specific issues (or significant change of the status quo e.g. of the load)

MEASURES IN CASE OF INFRINGEMENTS

• immobilization or refusal of entry into EC • reference to infringements listed in Annex II • immobilisation – on-the-spot or – at a place designated for this purpose by the authorities carrying out the

check

• continuation of journey – when transport is brought into conformity or – subject to other appropriate measures • other penalties reserved

CHECKS

AT THE PREMISES OF

UNDERTAKINGS

• optional • where infringements which jeopardize safety in

tdg

have been recorded at the roadside or • as a preventive measure • goods may leave the

undertaking

– when transport is brought into conformity or – subject to other appropriate measures

MS MUTUAL ASSISTANCE

• for confirmation of a suspicion of a serious or repeated infringement committed by a

vehicle

registered in another MS • where, to that end, the competent MS carries out a

check

in the

undertaking

, the other MS concerned shall be notified of the results

MS STATISTICAL REPORTS

• MS report statistical figures on the application of 95/50/EC • for each calendar year • not later than twelve months after the end of that year • reference to model in Annex III

ANNEXES

• Amendments by simplified procedure • ANNEX I: CHECKLIST • ANNEX II: INFRINGEMENTS • ANNEX III: MODEL STANDARD FORM FOR THE REPORT TO BE SENT TO THE COMMISSION CONCERNING INFRINGEMENTS AND PENALTIES

ANNEX II: INFRINGEMENTS

• classified into three risk categories (Category I being the most serious) • Each category consists of a description and a list of failures • Failures not listed are to be classified according to the descriptions of the categories • for several infringements established for one transport – most serious risk category to be indicated in the checklist (N ° 39) and – applied for the statistical report (ANNEX III)

RISK CATEGORIES DESCRIPTIONS

Risk Category I

– Where failure to comply with relevant ADR provisions creates a high-level risk of death, serious personal injury or significant damage to the environment – such failures would normally lead to taking immediate and appropriate corrective measures such as immobilisation of the

vehicle

RISK CATEGORIES DESCRIPTIONS

Risk Category II

– Where failure to comply with relevant ADR provisions creates a risk of personal injury or damage to the environment – such failures would normally lead to taking appropriate corrective measures such as requiring rectification at the site of control if possible and appropriate, but at the completion of the current transport movement at the latest

RISK CATEGORIES DESCRIPTIONS

Risk Category III

– Where failure to comply with relevant provisions result in a low level of risk of personal injury or damage to the environment and – where appropriate corrective measures do not need to be taken at the roadside but can be addressed at a later date at the

undertaking

ANNEX III: STATISTICAL REPORT

ANNEX III: STATISTICAL REPORT

• •

Directive 96/35/EC

on the appointment and vocational qualification of safety advisers for the

transport

of

dangerous goods

by road, rail and inland waterway

Adoption

3 June 1996,

publication

OJ L 145, 19.6.1996, p. 10

Supplement:

17 April 2000, Directive

2000/18/EC

on minimum examination requirements for safety advisers for the

transport

of

dangerous goods

by road, rail or inland waterway , OJ L 118, 19.5.2000, p. 41

SCOPE

undertakings

(situated on the territory of the MS) the activities of which include the loading (incl. packing and filling) or unloading, of

dangerous goods

connected to the inland waterways of other Member States • Member States may exempt

transport

, or the related by road, by rail or by inland waterway

undertakings

the activities of which a) concern the

transport

of

dangerous goods

in means of transport that belong to the armed forces or are under their responsibility, b) concern quantities per transport smaller than those defined in 1.1.3.6 of Annex A to Directive 94/55/EC, or c) are not the transport or the related loading or unloading of dangerous goods but which occasionally engage in the national

transport

or the related loading or unloading of

dangerous goods

posing little danger or risk of pollution

DEFINITION

UNDERTAKING

• any natural person, any legal person, whether profit-making or not, any association or group of persons without legal personality, whether profit-making or not, or any official body, whether it has legal personality itself or is dependent upon an authority that has such personality, that transports, loads or unloads

dangerous goods

DANGEROUS GOODS

SAFETY ADVISER (DGSA) • • any (

natural

) person appointed by the head of an

undertaking

whose role is to carry out the tasks and fulfil the functions defined and who holds the prescribed training certificate •

one

or

more

safety advisers shall be appointed • DGSA may be – head of the

undertaking

– person with other duties in the

undertaking

, or – person not directly employed by that duties of adviser

undertaking

, provided that that person is capable of performing the

information

on identity of DGSA to competent authority of MS State only

on request

FUNCTION AND DUTIES

• help to prevent the risks inherent in the the environment • under

responsibility

of the

head

of the

undertakings

relevant activities with regard to persons, property and

undertaking

, to seek by all appropriate means and by all appropriate action, within the limits of the relevant activities of that

undertaking

• prepare an , to facilitate the conduct of those activities in accordance with the rules applicable and in the safest possible way

accident report

to the management of the

undertaking

or to a local public authority, as appropriate on relevant accident (incident, severe infringement) • duties according to Annex I

DUTIES ACCORDING TO ANNEX I

monitoring compliance

governing the

transport

with the rules of

dangerous goods

of practices and procedures in

undertakings

) (

list

advising

his

undertaking dangerous goods

, on the

transport

of • preparing an

annual report

to the management of his

undertaking

or a local public authority, as appropriate, on the

undertaking

's activities in the

transport

reports shall be preserved for five years and made available to the national authorities at their request of

dangerous goods

. Such annual

VOCATIONAL - TRAINING CERTIFICATE

• DGSA shall hold training certificate – conforming to model in Annex III – valid for the mode(s) of transport concerned – issued by the competent authority or the body designated for that purpose by Member State • certificate shall be valid for five years • certificate shall be recognized by all Member States

TRAINING AND EXAMINATION FOR DGSAs

• To obtain a certificate a candidate shall undergo training

and

pass an examination approved by the MS competent authority • To extend the period of validity of a certificate for another five years the holder shall during the final year before its expiry, follow a refresher course

or

pass an examination approved by MS competent authority • training shall provide candidates with sufficient knowledge of the risks inherent in the

transport

of

dangerous goods

Annex II , of the laws, regulations and administrative provisions applicable to the modes of transport concerned and of the duties listed in Annex I.

• examination shall cover at least the subjects listed in

EXAMINATION DETAILS

• • • mandatory

written

+ optional oral examination

questionnaire

consisting of at least 20 open questions or also of multiple choice questions (two shall be equal to one open question)

case study

to demonstrate ability to carry out the tasks of a DGSA

CRITERIA FOR EXAMINATION BODIES

• appointed by Member State (approval in writing) • competence • specified examination arrangements • impartiality of the examinations ensured • independence of the body as regards any natural or legal persons employing advisers (and training providers)