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)