Transcript Turkey’s Experience on the Accession to ADR Convention (Lessons Learned) İzzet ISIK Ministry of Transport, Republic of Turkey 1

Turkey’s Experience on the
Accession to ADR Convention
(Lessons Learned)
İzzet ISIK
Ministry of Transport,
Republic of Turkey
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Turkey became a party to the European Agreement on International
Carriage of Dangerous Goods by Road (ADR) on 22 March 2010.
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Turkey’s Experience on the Accession to ADR Convention
2004
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The ratification process takes part in three main stages.
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2010
Procedures to be completed at the Ministerial Level,
at the Parliament level,
at Prime Ministry Level (Council of Ministers).
Whole text translated into Turkish language by the relevant Ministry,
Six approved copies are send to Ministry of Foreign affairs,
Checked by Legal Affairs Department,
Submitted to the Turkish Grand National Assembly (TGNA)
with justification to be discussed at Sub Commissions (Transport and Foreign Affairs
commissions)
submitted to approval of Parliament (TGNA)
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the law for accession to Agreement is ratified by Parliament(and published in
the Official Gazette)
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Turkey’s Experience on the Accession to ADR Convention
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Third stage….
The Directorate General for Laws and Decisions under the Prime
Ministry, checks the translated texts for punctuation, unity and
spelling errors.
If necessary, remarks, improvements and corrections could be made
at this stage.
the legal text is send to the Council of Ministers for decision to be
published in the Official Gazette.
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Turkey’s Experience on the Accession to ADR Convention
Ratification Process
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2004
2010
The ADR agreement and its Annexes A and B were first translated into Turkish in 2004.
the difficulties;
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translating such a big volume of the text,
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providing the unity in the technical terms and definitions.
The Law for accession to the (ADR) was ratified by Turkish Grand National Assembly on 30
November 2005 and was promulgated in the Official Journal on 6 December 2005 (Law No:
5434). (second stage)
After that , at the third stage, the text of Agreement was reviewed by the experts at the Prime
Ministry, Directorate General for Laws and Decisions, and decided to improve the text for
providing the unity, comprehensiveness, consistence, and for elimination of errors etc.
Then, Annexes A and B were reviewed and improved by a Steering Committee established by
the MoT. With the support of Union of Chambers of Commerce (TOBB) the text was revised
and improved once again.
Annexes A and B of the ADR Agreement were finally promulgated in the Official Journal on 30
October 2009 upon receiving the decision of Council of Ministers.
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Turkey’s Experience on the Accession to ADR Convention
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For shorten the ratification process…finding a new possible way..
We have submitted the “1993 Protocol” to the Parliament, to be
ratified with a law.
But we have asked for decision of Parliament to give Authority to
the Council of Ministers for approving and publishing the
amendments made to ADR Annexes A and B (every 2 years), in
the Official Gazette without a Parliamentary decision.
By this way, we expect to respond more quick to harmonize the
amendments to our national legislation.
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New (By-Law) National Regulation was prepared which is in line with
ADR and the EU Directives.
ROAD
Dangerous Goods
EU Directives
95/50/EC
94/55/EC
96/35/EC
2000/18/EC
ROAD
+
RAIL
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Inland waterways
are repealed as from 30 June
2009 by
Directive 2008/68/EC
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Turkey’s Experience on the Accession to ADR Convention
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The Regulation on Transport of Dangerous Goods by Road
was published in the Official Journal on 31 March 2007.
But, The regulation will enter into force step by step starting
from 2011 to 2014.
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The Regulation Entered into force from 1 of January 2011
Transition period for implementation of provisions on marking, labeling and
packing until 1 January 2012
Transition period for provisions on road vehicles and units until 1 January
2013
The major reason for this is that, the domestic transport sector
needs a sufficient time to adopt its current situation to the
provisions stated in the Regulation.
Need time to establish the necessary system for full
implementation.
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Turkey’s Experience on the Accession to ADR Convention
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The ADR is a multidisciplinary agreement,
involving several institutions like;
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Ministry of Transport, the competent authority, regulating,
coordinating, monitoring the impl. of ADR,
Ministry of Interior; responsible for road-side checks,
Ministry for Industry and Trade; responsible for type-approval
and testing of road vehicles and pressurized tanks,
Ministry of Environment and Forestry; responsible for disposal
of hazardous materials, safety guides and forms.
Ministry of Health/ Ministry of Agriculture; Toxic and infectious
substances (Class 6)
Ministry of Energy (TAEI) ; Radioactive materials (Class 7)
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Turkey’s Experience on the Accession to ADR Convention
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Directorate General for Land Transport, the competent authority,
under the Ministry of Transport;
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have initiated necessary procedures to share the responsibilities among the
relevant stakeholders.
Holding Working meetings among various state entities and organizations
discussed the draft regulation in conferences held between 2006-2010.
Carried out a survey to identify the relevant stakeholders, and their areas of
responsibility.
In 20 March 2008, the 1st Dangerous Goods Summit convened in
Istanbul with participation of all related sate institution and
stakeholders, NGO’s.
The technical support was received under EU financed Projects
(Service, Twinning and TAIEX) during this period…. is an on going
process.
Transport of Dangerous Goods Platform was established (NOG
platform under TOBB)-- consider the needs of stake holders,
increase the awareness.
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DRIVERS TRAINING-Chapter 8.2
ADR
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Ministerial Communiqué regulating the training of the professional drivers was
published on 17 June 2010.
Approving of the training
centers/courses
Drafting of the questions sets
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Evaluating of the candidates
Issuing of the Certificate
DGLT-Land Transport
(Competent Authority)
DGLT+GAZI UNIVERSITY
PC Center
Basic Course
Specialization C. Tanks
Spec. Class 1
Spec. Class 7
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Turkey’s Experience on the Accession to ADR Convention
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A new distinct department under the Ministry of Transport
will be established.
“Department for Transport of Dangerous Goods”, which will
deal with the transport of dangerous goods by means of all
transport modes.
i.e to regulate, monitor and inspect the transport of
dangerous goods by, road, rail, air, sea and inland
waterways, from a single unit.
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Activities of the National Authority
Necessary additional national legislation and administrative
arrangements.
Definition and Organization of competent authorities
 Fixed competence of authorities
 Legislation for enforcement and fines
 Trained enforcement officers
 Procedures for approval, testing and periodical inspections of
vehicles, tanks and packaging
 Procedures for exemptions
 Close cooperation between participants and authorities
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Legislation for Dangerous Goods Safety Advisers (DGSAs)
Transportable Pressure Equipments (TPEs)—already in place
Defining routes and parking areas.
Clearly arranged regulation, preferably one law for all modes of transport
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Turkey’s Experience on the Accession to ADR Convention
From our experience;
We think that different Consulting Committees should be established to work on
the specific subjects such as
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Classification of the dangerous goods and loading/unloading rules
Packaging of the dangerous goods, production and approval of the packages
Approval, testing, periodic inspection of the vehicles and other technical transport
units
Class 1-Explosive substances and articles
Class 7-Radioactive material
Class 6.2-Infectious substances
Trainings
Routes, parking areas
Derogations
Evaluation of the risks and the accidents
Translation/checking
of ADR and latest Annexes by committee
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Consulting Committee should consist of different experts from various
institutions like public institutions, private sector, stake holders, universities.
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Steering Committee which supervises all Consulting Committees.
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all of these activities require technical and political commitment,
sufficient time and staff.
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