Annexes A and B to Council Directive 96/49/EC(1) as announced in Commission Directive 2001/6/EC(2) adapting for the third time to technical progress Council Directive 96/49/EC on the approximation of the laws of the Member States with regard to the transport of dangerous goods by rail(3)

Part 1

GENERAL REQUIREMENTS

CHAPTER 1.1

Scope and Applicability

1.1.1. Structure

The Annex to this Directive is grouped into seven parts. Each part is subdivided into chapters and each chapter into sections and sub-sections.

Within each part the number of the part is included with the numbers of the chapters, sections and sub-sections, for example Part 4, Chapter 2, Section 1 is numbered "4.2.1".

1.1.2. Scope

For the purposes of Article 3 of this Directive, the Annex covers:

(a) dangerous goods which are barred from carriage;

(b) dangerous goods which are authorized for carriage and the conditions attaching to them (including exemptions) particularly with regard to:

- classification of goods, including classification criteria and relevant test methods;

- use of packagings (including mixed packing);

- use of tanks (including filling);

- consignment procedures (including marking and labelling of packages and means of transport as well as documentation and information required);

- requirements concerning the construction, testing and approval of packagings and tanks;

- use of means of transport (including loading, mixed loading and unloading).

1.1.3. Exemptions

1.1.3.1. Exemptions related to the nature of the transport operation

The requirements laid down in this Directive do not apply to:

(a) the carriage of dangerous goods by private individuals where the goods in question are packaged for retail sale and are intended for their personal or domestic use or for leisure or sporting activities;

(b) the carriage of machinery or equipment not specified in this Directive and which happen to contain dangerous goods in their internal or operational equipment;

(c) carriage undertaken by enterprises which is ancillary to their main activity, such as deliveries to building or civil engineering sites, or in relation to surveying, repairs and maintenance, in quantities of not more than 450 litres per packaging and within the maximum quantities specified below.

>TABLE>

In the above table, "maximum total quantity per wagon or large container" means:

- for articles, gross mass in kilograms (for articles of Class 1, net mass in kg of the explosive substance);

- for solids, liquefied gases, refrigerated liquefied gases and gases dissolved under pressure, net mass in kilograms;

- for liquids and compressed gases, nominal capacity of receptacles (see definition in section 1.2.1) in litres.

Where dangerous goods of different transport categories are carried in the same wagon, the sum of:

- the quantity of substances and articles of transport category 1 multiplied by 50;

- the quantity of substances and articles of transport category 1, listed in footnote (*) to the Table, multiplied by 20;

- the quantity of substances and articles of transport category 2 multiplied by 3; and

- the quantity of substances and articles of transport category 3 shall not exceed 1000.

For the purposes of these requirements, dangerous goods exempted in accordance with 1.1.3.2 to 1.1.3.5 shall not be taken into account.

Carriage undertaken by such enterprises for their supply or external or internal distribution does not fall within the scope of this exemption.

(d) carriage undertaken by, or under the supervision of, the emergency services;

(e) emergency transport intended to save human lives or protect the environment provided that all measures are taken to ensure that such transport is carried out in complete safety.

NOTE

For radioactive material, see 2.2.7.1.2.

1.1.3.2. Exemptions related to the carriage of gases

The requirements laid down in this Directive do not apply to the transport of:

(a) gases contained in the tanks of a vehicle, performing a transport operation and destined for its propulsion or for the operation of any of its equipment (e.g. refrigerating equipment);

(b) gases contained in the fuel tanks of vehicles transported. The fuel cock between the fuel tank and engine shall be closed and the electric contact open;

(c) gases of Groups A and O according to 2.2.2.1, if the pressure of the gas in the receptacle or tank at a temperature of 15 °C does not exceed 200 kPa (2 bar) and if the gas is completely in the gaseous state during carriage. This includes every kind of receptacle or tank, e.g. also parts of machinery and apparatus;

(d) gases contained in the equipment used for the operation of the vehicle (e.g. fire extinguishers or inflated pneumatic tyres, even as spare parts or as a load);

(e) gases contained in the special equipment of wagons and necessary for the operation of this special equipment during transport (cooling systems, fish-tanks, heaters, etc.) as well as spare receptacles for such equipment or uncleaned empty exchange receptacles, carried in the same wagon;

(f) uncleaned empty fixed pressure tanks which are carried on condition that they are hermetically closed; and

(g) gases contained in foodstuffs or beverages.

1.1.3.3. Exemptions related to the carriage of liquid fuels

The requirements of this Directive do not apply to the carriage of fuel contained in fuel tanks of a means of transport where it is destined for its propulsion or the operation of any of its equipment (e.g. cooling systems). The fuel cock between the engine and the fuel tank of motorcycles and pedal cycles with an auxiliary engine, whose tanks contain fuel, shall be closed during carriage. In addition, these motorcycles and pedal cycles with an auxiliary engine shall be loaded upright and secured against falling.

1.1.3.4. Exemptions related to special requirements or to dangerous goods packed in limited quantities

1.1.3.4.1. Certain special requirements of Chapter 3.3 exempt partially or totally the carriage of specific dangerous goods from the requirements of this Directive. The exemption applies when the special requirement is referred to in column 6 of Table A of Chapter 3.2 against the dangerous goods entry concerned.

1.1.3.4.2. Certain dangerous goods packed in limited quantities may be subject to exemptions provided that the conditions of Chapter 3.4 are met.

NOTE

For radioactive material see 2.2.7.1.2.

1.1.3.5. Exemptions related to empty uncleaned packagings

Empty uncleaned packagings, including IBCs and large packagings, which have contained substances of Classes 2, 3, 4.1, 5.1, 6.1, 8 and 9 are not subject to the requirements of this Directive if adequate measures have been taken to nullify any hazard. Hazards are nullified if adequate measures have been taken to nullify all hazards of Classes 1 to 9.

1.1.4. Applicability of other regulations

1.1.4.1. General

1.1.4.1.1. The entry of dangerous goods into the territory of a Member State may be subject to regulations or prohibitions imposed for reasons other than safety during carriage. Such regulations or prohibitions shall be published in an appropriate form.

1.1.4.2. Carriage prior to or following maritime or air carriage

Packages, containers, portable tanks and tank-containers and wagons containing a full load of packages with the same dangerous goods, which do not entirely meet the packing, mixed packing, package marking and labelling or placarding and orange marking requirements of this Directive, but are in conformity with the requirements of the IMDG Code or the ICAO Technical Instructions may be accepted for carriage prior to or following maritime or air carriage subject to the following conditions:

(a) if the packages are not marked and labelled in accordance with this Directive, they shall bear markings and danger labels in accordance with the requirements of the IMDG Code or the ICAO Technical Instructions;

(b) the requirements of the IMDG Code or the ICAO Technical Instructions shall be applicable to mixed packing within a package;

(c) for carriage in a transport chain including maritime carriage, containers, portable tanks or tank-containers and wagons containing a full load of packages with the same dangerous goods shall be marked and labelled (placarded) in accordance with Chapter 5.3 of the IMDG Code, unless they are labelled (placarded) and bear an orange-coloured marking in accordance with Chapter 5.3 of this Directive.

For empty, uncleaned portable tanks and tank-containers, this requirement shall apply up to and including the subsequent transfer to a cleaning station.

This derogation does not apply in the case of goods classified as dangerous goods in Classes 1 to 8 of this Directive and considered as non-dangerous goods according to the applicable requirements of the IMDG Code or the ICAO Technical Instructions.

NOTE

For the information in the consignment note, see 5.4.1.1.7; for the container packing certificate, see 5.4.2.

1.1.4.3. Use of portable tanks approved for maritime transport

Portable tanks which do not meet the requirements of Chapters 6.7 or 6.8, but which were built and approved before 1 January 2003 in accordance with the requirements (including the transitional requirements) of the IMDG Code (Amendment 29-98) may be used until 31 December 2009 provided that they meet the relevant test requirements of the IMDG Code (Amendment 29-98) and that the instructions given in Chapter 3.2, columns 12 and 13 of the IMDG Code (Amendment 30-00) are fully applied. They may be used after 31 January 2009 if they meet the relevant test requirements of the IMDG Code, provided that the instructions in Chapter 3.2, columns 10 and 11 and in Chapter 4.2 of this Directive are applied.

NOTE

For the information in the consignment note, see 5.4.1.1.8.

1.1.4.4. Piggyback transport

Dangerous goods may also be carried in piggyback transport under the following conditions:

Vehicles and their contents handed over for piggyback transport shall meet the provisions of Directive 94/55/EC, as amended by Directive 2001/7/EC(4).

The following shall not be permitted:

- explosives of Class 1, compatibility group A (UN Nos 0074, 0113, 0114, 0129, 0130, 0135, 0224 and 0473);

- self-reactive substances of Class 4.1 requiring temperature control (UN Nos 3231 to 3240);

- organic peroxides of Class 5.2 requiring temperature control (UN Nos 3111 to 3120);

- sulphur trioxide at least 99,95 % pure, without inhibitor, carried in tanks (UN No 1829).

NOTE

For the placarding of wagons used in piggyback transport, see 5.3.1.3. For the information in the consignment note and the instructions in writing required by 5.4.3 of Annex A to Directive 94/55/EC, see 5.4.1.1.9.

1.1.4.5. Carriage other than by rail

1.1.4.5.1. If the wagon carrying out a transport operation subject to the requirements of this Directive is conveyed over a section of the journey otherwise than by rail, then any national or international regulations which, on the said section, govern the carriage of dangerous goods by the mode of transport used for conveying the wagon shall alone be applicable to the said section of the journey.

1.1.4.5.2. Unless this would contravene the international Conventions governing the carriage of dangerous goods by the mode of transport used for conveying the wagon on the said section of the journey, the this Member States may agree to apply the requirements of this Directive to this section of the journey, supplemented, if they consider it necessary, by additional requirements. These agreements shall be notified to the Central Office by the Member State that initiated the agreement.

CHAPTER 1.2

Definitions and units of measurement

1.2.1. Definitions

NOTE

1. This section contains all general or specific definitions.

2. Terms contained within a definition in this section which are defined separately are printed in italics.

For the purposes of this Directive:

A

ADR means the European Agreement concerning the International Carriage of Dangerous Goods by Road, including all special agreements signed by those states involved in the transport operation.

Aerosol, see "Aerosol dispenser";

Aerosol dispenser means any non-refillable receptacle made of metal, glass or plastics, containing, under pressure, a gas or a mixture of gases, with or without a liquid, paste or powder, and fitted with a release device allowing the contents to be ejected as solid or liquid particles in suspension in a gas, as a foam, paste or powder or in a liquid state or in a gaseous state;

B

Bag means a flexible packaging made of paper, plastics film, textiles, woven material or other suitable material;

Battery wagon means a wagon containing elements which are linked to each other by a manifold and permanently fixed to a wagon. The following elements are considered to be elements of a battery wagon: cylinders, tubes, bundles of cylinders (also known as frames), pressure drums as well as tanks intended for gases of Class 2 with a capacity greater than 450 litres;

Biological/technical/chemical name means a name currently used in scientific and technical handbooks, journals and texts. Trade names shall not be used for this purpose;

Body (for all categories of IBC other than composite IBCs) means the receptacle proper, including openings and closures, but does not include service equipment;

Box means a packaging with complete rectangular or polygonal faces, made of metal, wood, plywood, reconstituted wood, fibreboard, plastics or other suitable material. Small holes for purposes of ease of handling or opening or to meet classification requirements, are permitted as long as they do not compromise the integrity of the packaging during carriage;

Bundle of cylinders (frame) means a transportable assembly of cylinders which are interconnected by a manifold and held firmly together;

C

Calculation pressure means a theoretical pressure at least equal to the test pressure which, according to the degree of danger exhibited by the substance being carried, may to a greater or lesser degree exceed the working pressure. It is used solely to determine the thickness of the walls of the shell, independently of any external or internal reinforcing device (see also "Discharge pressure", "Filling pressure", "Maximum working pressure (gauge pressure)" and "Test pressure");

NOTE

For portable tanks, see Chapter 6.7.

Carriage means the change of place of dangerous goods, including stops made necessary by transport conditions and including any period spent by the dangerous goods in wagons, tanks and containers made necessary by traffic conditions before, during and after the change of place.

This definition also covers the intermediate temporary storage of dangerous goods in order to change the mode or means of transport (transshipment). This shall apply provided that transport documents showing the place of dispatch and the place of reception are presented on request and provided that packages and tanks are not opened during intermediate storage, except to be checked by the competent authorities;

Carriage in bulk means the carriage of unpackaged solids or articles in wagons or containers. The term does not apply to packaged goods nor to substances carried in tanks;

Carrier means the enterprise which carries out the transport operation with or without a transport contract;

Closed container means a completely enclosed container with a rigid roof, rigid side walls, rigid ends and floor. The term includes containers with an opening roof, where the roof is closed during carriage;

Closed wagon means a wagon with sides and a fixed or movable roof;

Closure means a device which closes an opening in a receptacle;

Collective entry means an entry for a well defined group of substances or articles (see 2.1.1.2, B, C and D);

Combination packaging means a combination of packagings for transport purposes, consisting of one or more inner packagings secured in an outer packaging in accordance with 4.1.3.1;

NOTE

The "inner" of a combination packaging is always termed the "inner packaging", not the "inner receptacle". An example of such an "inner packaging" is a glass bottle.

Competent authority means the authority or authorities or any other body or bodies designated as such in each State and in each specific case in accordance with domestic law;

Compliance assurance (radioactive material) means a systematic programme of measures applied by a competent authority which is aimed at ensuring that the requirements of this Directive are met in practice;

Composite IBC with plastics inner receptacle means an IBC comprising structural equipment in the form of a rigid outer casing encasing a plastics inner receptacle together with any service or other structural equipment. It is so constructed that the inner receptacle and outer casing once assembled form, and are used as, an integrated single unit to be filled, stored, despatched or emptied as such;

Composite packaging (plastics material) is a packaging consisting of an inner plastics receptacle and an outer packaging (made of metal, fibreboard, plywood, etc.). Once assembled such a packaging remains thereafter an inseparable unit; it is filled, stored, despatched and emptied as such;

NOTE

See Note under "Composite packagings (glass, porcelain or stoneware)".

Composite packaging (glass, porcelain or stoneware) means a packaging consisting of an inner glass, porcelain or stoneware receptacle and an outer packaging (made of metal, wood, fibreboard, expanded plastics material etc.). Once assembled, such a packaging remains thereafter an inseparable unit; it is filled, stored, despatched and emptied as such;

NOTE

The "inners" of "composite packagings" are usually termed "inner receptacles". For example, the "inner" of a 6HA1 composite packaging (plastics) is such an "inner receptacle" since it is normally not designed to perform a containment function without its "outer packaging", and is not therefore an "inner packaging".

Consignee means the consignee according to the contract for carriage. If the consignee designates a third party in accordance with the requirements applicable to the contract for carriage, this person shall be deemed to be the consignee within the meaning of this Directive. If carriage takes place without a contract for carriage, the enterprise which takes charge of the dangerous goods on arrival shall be deemed to be the consignee;

Consignment means any package or packages, or load of dangerous goods, presented by a consignor for carriage;

Consignor means the enterprise which dispatches dangerous goods either on its own behalf or for a third party. If carriage takes place under a contract for carriage, consignor means the consignor according to the contract for carriage;

Container means an article of transport equipment (lift van or other similar structure):

- of a permanent character and accordingly strong enough to be suitable for repeated use;

- specially designed to facilitate the carriage of goods, by one or more means of transport, without breakage of load;

- fitted with devices permitting its ready stowage and handling, particularly when being transshipped from one means of transport to another;

- so designed as to be easy to fill and empty (see also "Large container" and "Small container").

A swap body is a container which, in accordance with European Standard EN 283 (1991 edition) has the following characteristics:

- from the point of view of mechanical strength, it is only built for carriage on a wagon or a vehicle on land or by roll-on roll-off ship;

- it cannot be stacked;

- it can be removed from vehicles by means of equipment on board the vehicle and on its own supports, and can be reloaded;

NOTE

The term container does not cover conventional packagings, IBCs, tank-containers or wagons.

Control temperature means the maximum temperature at which the organic peroxide or the self-reactive substance can be safely carried;

Critical temperature means the temperature at which procedures must be put into effect when there is a failure of the temperature control system;

NOTE

This definition does not apply to gases of Class 2.

CSC means the International Convention for Safe Containers (Geneva, 1972) as amended and published by the International Maritime Organization (IMO), London;

Crate is an outer packaging with incomplete surfaces;

Cryogenic receptacle means a transportable thermally insulated receptacle for deeply refrigerated liquefied gases of a capacity of not more than 1000 litres;

Cylinder means a transportable pressure receptacle of a capacity not exceeding 150 litres;

D

Dangerous goods means those substances and articles the carriage of which is prohibited by RID, or authorized only under the conditions prescribed therein;

Dangerous reaction means:

(a) combustion and/or evolution of considerable heat;

(b) evolution of flammable, asphyxiant, and/or toxic gases;

(c) the formation of corrosive substances;

(d) the formation of unstable substances; or

(e) dangerous rise in pressure (for tanks only);

Demountable tank means a tank designed to fit the special apparatus of the wagon but which can only be removed from it after dismantling their means of attachment;

Discharge pressure means the maximum pressure actually built up in the tank when it is being discharged under pressure (see also "Calculation pressure", "Filling pressure", "Maximum working pressure (gauge pressure)" and "Test pressure");

Drum means a flat-ended or convex-ended cylindrical packaging made out of metal, fibreboard, plastics, plywood or other suitable materials. This definition also includes packagings of other shapes, e.g. round, taper-necked packagings or pail-shaped packagings. Wooden barrels and jerricans are not covered by this definition;

E

Enterprise means 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;

F

Fibreboard IBC means a fibreboard body with or without separate top and bottom caps, if necessary an inner liner (but no inner packagings), and appropriate service and structural equipment;

Filler means any enterprise which loads dangerous goods into a tank (tank-vehicle, wagon with demountable tank, portable tank or tank-container) and/or into a wagon, large container or small container for carriage in bulk, or into a battery-wagon or MEGC;

Filling pressure means the maximum pressure actually built up in the tank when it is being filled under pressure (see also "Calculation pressure", "Discharge pressure", "Maximum working pressure (gauge pressure)" and "Test pressure");

Fixed tank means a tank having a capacity of more than 1000 litres which is permanently attached to a wagon (which then becomes a tank-wagon) or is an integral part of the frame of such a wagon;

Flammable component (for aerosols and gas cartridges) is a gas which is flammable in air at normal pressure or a substance or a preparation in liquid form which has a flash-point less than or equal to 100 °C;

Flash-point means the lowest temperature of a liquid at which its vapours form a flammable mixture with air;

Flexible IBC means a body constituted of film, woven fabric or any other flexible material or combinations thereof, and if necessary, an inner coating or liner, together with any appropriate service equipment and handling devices;

Full load means a load originating from a single consignor for whom the use of a large container is exclusively reserved, and all loading procedures are carried out in accordance with the consignor's or the consignee's instructions.

NOTE

The corresponding term for Class 7 is "exclusive use" (see 2.2.7.2).

G

Gas means a substance which:

(a) at 50 °C has a vapour pressure greater than 300 kPa (3 bar); or

(b) is completely gaseous at 20 °C under standard pressure of 101,3 kPa;

Gas cartridge means any non-refillable receptacle containing, under pressure, a gas or a mixture of gases. It may be fitted with a valve;

H

Handling device (for flexible IBCs) means any sling, loop, eye or frame attached to the body of the IBC or formed from the continuation of the IBC body material;

Hermetically closed tank means a tank whose openings are hermetically closed and which is not equipped with safety valves, bursting discs or other similar safety devices. Tanks having safety valves preceded by a bursting disc shall be deemed to be hermetically closed. Valves to avoid an unacceptable negative pressure within the shell, without intervening bursting discs, shall however be permitted in shells not required to be hermetically closed during carriage under the special requirements of Chapter 4.3;

I

IBC, see "Intermediate bulk container";

ICAO Technical Instructions means the Technical Instructions for the Safe Transport of Dangerous Goods by Air, which complement Annex 18 to the Chicago Convention on International Civil Aviation (Chicago 1944), published by the International Civil Aviation Organization (ICAO) in Montreal;

IMDG Code means the International Maritime Dangerous Goods Code for the Carriage of Dangerous Goods, for the implementation of chapter VII, part A, of the International Convention for the Safety of Life at Sea, 1974 (SOLAS Convention), published by the International Maritime Organization (IMO), London;

Inner packaging means a packaging for which an outer packaging is required for carriage;

Inner receptacle means a receptacle which requires an outer packaging in order to perform its containment function;

Intermediate bulk container (IBC) means a rigid, or flexible portable packaging, other than those specified in Chapter 6.1, that:

(a) has a capacity of:

(i) not more than 3 m3; for solids and liquids of Packing Groups II and III;

(ii) not more than 1,5 m3; for solids of Packing Group I when packed in flexible, rigid plastics, composite, fibreboard and wooden IBCs;

(iii) not more than 3 m3; for solids of Packing Group I when packed in metal IBCs;

(iv) not more than 3 m3; for radioactive material of Class 7;

(b) is designed for mechanical handling;

(c) is resistant to the stresses produced in handling and transport as determined by the tests specified in Chapter 6.5 (see also "Composite IBC with plastics inner receptacle", "Fibreboard IBC", "Flexible IBC", "Metal IBC", "Rigid plastics IBC" and "Wooden IBC");

NOTE

1. Tank-containers that meet the requirements of Chapter 6.7 or 6.8 are not considered to be intermediate bulk containers (IBCs).

2. Intermediate bulk containers (IBCs) which meet the requirements of Chapter 6.5 are not considered to be containers for the purposes of this Directive.

Intermediate packaging means a packaging placed between inner packagings or articles, and an outer packaging;

J

Jerrican means a metal or plastics packaging of rectangular or polygonal cross-section with one or more orifices;

L

Large container means:

(a) a container having an internal volume of more than 3 m3;

(b) in the meaning of the CSC, a container of a size such that the area enclosed by the four outer bottom corners is either

(i) at least 14 m2 (150 square feet); or

(ii) at least 7 m2 (75 square feet) if fitted with top corner fittings;

NOTE

For radioactive material see 2.2.7.2.

Large packaging means a packaging consisting of an outer packaging which contains articles or inner packagings and which:

(a) is designed for mechanical handling;

(b) exceeds 400 kg net mass or 450 litres capacity but has a volume of not more than 3m3;

Leakproofness test means a test for determining the leakproofness of a tank, a packaging or an IBC, and of the equipment or closure devices;

NOTE

For portable tanks, see Chapter 6.7.

Light-gauge metal packaging means a packaging of circular, elliptical, rectangular or polygonal cross-section (also conical) and taper-necked and pail-shaped packaging made of metal, having a wall thickness of less than 0,5 mm (e.g. tinplate), flat or convex bottomed and with one or more orific es, which is not covered by the definitions for drums or jerricans;

Liner means a tube or bag inserted into a packaging, including large packagings or IBCs, but not forming an integral part of it, including the closures of its openings;

Liquid means a substance which at 50 °C has a vapour pressure of not more than 300 kPa (3 bar), which is not completely gaseous at 20 °C and 101,3 kPa, and which:

(a) has a melting point or initial melting point of 20 °C or less at a pressure of 101,3 kPa, or

(b) is liquid according to the ASTM D 4359-90 test method, or

(c) is not pasty according to the criteria applicable to the test for determining fluidity (penetrometer test) described in 2.3.4;

NOTE

"Carriage in the liquid state", for the purpose of tank requirements, means:

- carriage of liquids according to the above definition, or

- solids handed over for carriage in the molten state.

Loader means any enterprise which loads dangerous goods into a wagon or large container;

M

Manual of Tests and Criteria means the third revised edition of the United Nations Recommendations on the Transport of Dangerous Goods, Manual of Tests and Criteria, published by the United Nations Organization (ST/SG/AC.10/11/Rev.3);

Mass of package means gross mass of the package unless otherwise stated;

Maximum capacity means the maximum inner volume of receptacles or packagings including intermediate bulk containers (IBCs) and large packagings expressed in cubic metres or litres;

Maximum net mass means the maximum net mass of contents in a single packaging or maximum combined mass of inner packagings and the contents thereof expressed in kilograms;

Maximum permissible gross mass:

(a) (for all categories of IBCs other than flexible IBCs) means the mass of the body, its service equipment and structural equipment and the maximum permissible load;

(b) (for tanks) means the tare of the tank and the heaviest load authorized for transport;

NOTE

For portable tanks, see Chapter 6.7.

Maximum permissible load (for flexible IBCs) means the maximum net mass for which the IBC is intended and which it is authorized to carry;

Maximum working pressure (gauge pressure) means the highest of the following three pressures:

(a) the highest effective pressure allowed in the tank during filling (maximum filling pressure allowed);

(b) the highest effective pressure allowed in the tank during discharge (maximum discharge pressure allowed); and

(c) the effective gauge pressure to which the tank is subjected by its contents (including such extraneous gases as it may contain) at the maximum working temperature.

Unless the special requirements prescribed in Chapter 4.3 provide otherwise, the numerical value of this working pressure (gauge pressure) shall not be lower than the vapour pressure (absolute pressure) of the filling substance at 50 °C.

For tanks equipped with safety valves (with or without bursting disc), the maximum working pressure (gauge pressure) shall however be equal to the prescribed opening pressure of such safety valves (see also "Calculation pressure", "Discharge pressure", "Filling pressure", and "Test pressure").

NOTE

For portable tanks, see Chapter 6.7.

MEGC, see "Multiple-element gas container";

Metal IBC means a metal body together with appropriate service and structural equipment;

Mild steel means a steel having a minimum breaking strength between 360 N/mm2 and 440 N/mm2;

NOTE

For portable tanks, see Chapter 6.7.

Multiple-element gas container (MEGC) means a unit containing elements which are linked to each other by a manifold and mounted on a frame. The following elements are considered to be elements of a multiple-element gas-container: cylinders, tubes, pressure drums and bundles of cylinders as well as tanks for the carriage of gases of Class 2 having a capacity of more than 450 litres;

N

Nominal capacity of the receptacle means the nominal volume of the dangerous substance contained in the receptacle expressed in litres. For compressed gas cylinders the nominal capacity shall be the water capacity of the cylinder;

N.O.S. entry (not otherwise specified entry) means a collective entry to which substances, mixtures, solutions or articles may be assigned if they:

(a) are not mentioned by name in Table A of Chapter 3.2, and

(b) exhibit chemical, physical and/or dangerous properties corresponding to the Class, classification code, packing group and the name of the n.o.s. entry;

O

Open container means an open top container or a platform based container;

Open wagon means a wagon with or without side boards and a tailboard, the loading surfaces of which are open;

Operator of a tank-container, portable tank or tank wagon means the enterprise in whose name the tank-container, portable tank or tank wagon is registered or approved for transport;

Outer packaging means the outer protection of the composite or combination packaging together with any absorbent materials, cushioning and any other components necessary tocontain and protect inner receptacles or inner packagings;

Overpack means an enclosure used by a single consignor to contain one or more packages, consolidated into a single unit easier to handle and stow during carriage.

Examples of overpacks:

(a) a loading tray such as a pallet, on which several packages are placed or stacked and secured by a plastic strip, shrink or stretch wrapping or other appropriate means; or

(b) an outer protective packaging such as a box or a crate;

P

Package means the complete product of the packing operation, consisting of the packaging or large packaging or IBC and its contents prepared for dispatch. The term includes receptacles for gases as defined in this section as well as articles which, because of their size, mass or configuration may be carried unpackaged or carried in cradles, crates or handling devices. The term does not apply to substances which are carried in bulk, nor to substances carried in tanks;

NOTE

For radioactive material, see 2.2.7.2.

Packaging means the receptacle and any other components or materials necessary for the receptacle to perform its containment function (see also "Combination packaging", "Composite packaging (plastics material)", "Composite packaging (glass, porcelain or stoneware)", "Inner packaging", "Intermediate bulk container (IBC)", "Intermediate packaging", "Large packaging", "Light-gauge metal packaging", "Outer packaging", "Reconditioned packaging", "Remanufactured packaging", "Reused packaging", "Salvage packaging" and "Siftproof packaging");

NOTE

For radioactive material, see 2.2.7.2.

Packer means any enterprise which puts dangerous goods into packagings, including large packagings and intermediate bulk containers (IBCs) and, where necessary, prepares packages for carriage;

Packing group is a group to which, for packing purposes, certain substances may be assigned in accordance with their degree of danger during transport. The packing groups have the following meanings which are explained more fully in Part 2:

Packing group I: Substances presenting high danger;

Packing group II: Substances presenting medium danger; and

Packing group III: Substances presenting low danger;

NOTE

Certain articles that contain dangerous goods are also assigned to a packing group.

Piggyback transport means the carriage of road vehicles on rail wagons;

Portable tank means a multimodal tank having a capacity of more than 450 litres in accordance with the definition in Chapter 6.7 or the IMDG Code and indicated by a tank transport instruction (T-Code) in column 10 of Table A of Chapter 3.2;

Pressure drum means a welded, transportable pressure receptacle of a capacity exceeding 150 litres and of not more than 1000 litres (e.g. cylindrical receptacles equipped with rolling hoops, receptacles on skids and receptacles in frames);

Pressurized gas cartridge, see "Aerosol dispenser";

Protected IBC (for metal IBCs) means an IBC provided with additional protection against impact, the protection taking the form of, for example, a multi-layer (sandwich) or doublewall construction, or a frame with a metal lattice-work casing;

Q

Quality assurance means a systematic programme of controls and inspections applied by any organization or body which is aimed at providing confidence that the safety requirements of this Directive are met in practice;

R

Railway infrastructure means all tracks and fixed equipment necessary for the movement of rail traffic and transport safety;

Receptacle means a containment vessel for receiving and holding substances or articles, including any means of closing. This definition does not apply to shells;

NOTE

Types of receptacle for gases of Class 2 are cryogenic receptacles, cylinders, tubes, pressure drums and bundles of cylinders;

Receptacle (Class 1) means boxes, bottles, cans, drums, jars or tubes, including any means of closure used in the inner or intermediate packaging;

Reconditioned packaging means in particular

(a) metal drums that are:

(i) cleaned to original materials of construction, with all former contents, internal and external corrosion, and external coatings and labels removed;

(ii) restored to original shape and contour, with chimes (if any) straightened and sealed and all non-integral gaskets replaced; and

(iii) inspected after cleaning but before painting, with rejection of packagings with visible pitting, significant reduction in the material thickness, metal fatigue, damaged threads or closures or other significant defects;

(b) plastics drums and jerricans that:

(i) are cleaned to original materials of construction, with all former contents, external coatings and labels removed;

(ii) have all non-integral gaskets replaced; and

(iii) are inspected after cleaning with rejection of packagings with visible damage such as tears, creases or cracks, or damaged threads or closures or other significant defects.

Recycled plastics material means material recovered from used industrial packagings that has been cleaned and prepared for processing into new packagings;

Reel (Class 1) means a device made of plastics, wood, fibreboard, metal or other suitable material comprising a central spindle with, or without, side walls at each end of the spindle. Articles and substances can be wound onto the spindle and may be retained by side walls;

Reference steel means a steel with a tensile strength of 370 N/mm2 and an elongation at fracture of 27 %;

Remanufactured packaging means in particular

(a) metal drums that:

(i) are produced as a UN type complying with the requirements of Chapter 6.1 from a non-UN type;

(ii) are converted from one UN type complying with the requirements of Chapter 6.1 to another UN type complying with the same requirements; or

(iii) undergo the replacement of integral structural components (such as non-removable heads);

(b) plastics drums that:

(i) are converted from one UN type to another UN type (e.g. 1H1 to 1H2); or

(ii) undergo the replacement of integral structural components.

Remanufactured drums are subject to the requirements of Chapter 6.1 which apply to new drums of the same type;

Reused packaging means a packaging which has been examined and found free of defects affecting the ability to withstand the performance tests. The term includes those packagings which are refilled with the same or similar compatible contents and are carried within distribution chains controlled by the consignor of the product;

Rigid inner receptacle (for composite IBCs) means a receptacle which retains its general shape when empty without its closures in place and without benefit of the outer casing. Any inner receptacle that is not "rigid" is considered to be "flexible";

Rigid plastics IBC means a rigid plastics body, which may have structural equipment together with appropriate service equipment;

S

Safety valve means a self-closing, spring-loaded device the purpose of which is to protect the tank against unacceptable excess internal pressure;

SADT see "Self-accelerating decomposition temperature";

Salvage packaging means a special packaging conforming to the applicable requirements of Chapter 6.1 into which damaged, defective or leaking dangerous goods packages, or dangerous goods that have spilled or leaked are placed for purposes of carriage for recovery or disposal;

Self-accelerating decomposition temperature (SADT), means the lowest temperature at which self-accelerating decomposition may occur with the substance in the packaging as used during carriage. Requirements for determining the SADT and the effects of heating under confinement are contained in Part II of the Manual of Tests and Criteria;

Service equipment

(a) of the tank means filling and emptying, venting, safety, heating and heat insulating devices and measuring instruments;

(b) of the elements of a battery-wagon or of a MEGC means filling and emptying devices, including the manifold, safety devices and measuring instruments;

(c) of an IBC means the filling and discharge devices and any pressure-relief or venting, safety, heating and heat insulating devices and measuring instruments;

Sheeted container means an open container equipped with a sheet to protect the goods loaded;

Sheeted wagon means an open wagon provided with a sheet to protect the load;

Shell means the sheathing containing the substance (including the openings and their closures);

NOTE

1. This definition does not apply to receptacles.

2. For portable tanks, see Chapter 6.7.

Sift-proof packaging means a packaging impermeable to dry contents, including fine solid material produced during carriage;

Small container means a container having an internal volume of not less than 1 m3; and not more than 3 m3;

NOTE

For radioactive material, see 2.2.7.2.

Small receptacle containing gas: see "Gas cartridge";

Solid means:

(a) a substance with a melting point or initial melting point of more than 20 °C at a pressure of 101,3 kPa, or

(b) a substance which is not liquid according to the ASTM D 4359-90 test method or which is pasty according to the criteria applicable to the test for determining fluidity (penetrometer test) described in 2.3.4;

Structural equipment

(a) for tanks of a tank wagon, means the external or internal reinforcing, fastening, protective or stabilizing members of the shell;

(b) for tanks of a tank-container, means the external or internal reinforcing, fastening, protective or stabilizing members of the shell;

NOTE

For portable tanks, see Chapter 6.7.

(c) for elements of a battery-wagon or an MEGC means the external reinforcing, fastening, protective or stabilizing members of the shell or receptacle;

(d) for IBCs other than flexible IBCs means the reinforcing, fastening, handling, protective or stabilizing members of the body (including the base pallet for composite IBCs with plastics inner receptacle);

Swap-body, see "Container";

T

Tank means a shell, including its service and structural equipment.

NOTE

For portable tanks, see 6.7.4.1.

Tank-container means an article of transport equipment meeting the definition of a container, and comprising a shell and items of equipment, including the equipment to facilitate movement of the tank-container without significant change of attitude, used for the carriage of gases, liquid, powdery or granular substances and having a capacity of more than 0,45 m3 (450 litres);

NOTE

IBCs which meet the requirements of Chapter 6.5 are not considered to be tank-containers.

Tank swap body is considered to be a tank-container;

Tank wagon means a wagon intended for the carriage of liquids, gases, powdery or granular substances, comprising a superstructure, consisting of one or more shells and an underframe fitted with its own items of equipment (running gear, suspension, buffing, traction, braking gear and inscriptions);

NOTE

Tank wagon also includes wagons with demountable tanks.

Technical/biological/chemical name means a name currently used in scientific and technical handbooks, journals and texts. Trade names shall not be used for this purpose;

Test pressure means the highest effective pressure which arises in the tank during the pressure test (see also "Calculation pressure", "Discharge pressure", "Filling pressure", and "Maximum working pressure (gauge pressure)");

NOTE

For portable tanks, see Chapter 6.7.

Tray (Class 1) is a sheet of metal, plastics, fibreboard or other suitable material which is placed in the inner, intermediate or outer packaging and achieves a close-fit in such packaging. The surface of the tray may be shaped so that packagings or articles can be inserted, held secure and separated from each other;

Tube (Class 2) means a seamless transportable pressure receptacle of a capacity exceeding 150 litres and of not more than 5000 litres;

U

UN Model Regulations means the Model Regulations annexed to the eleventh revised edition of the Recommendations on the Transport of Dangerous Goods published by the United Nations (ST/SG/AC.10/1/Rev.11);

UN number means the four-figure identification number of the substance or article taken from the UN Model Regulations;

V

Vacuum valve means a self-closing, spring-loaded pressure sensitive device the purpose of which is to protect the tank against unacceptable negative internal pressure;

W

Wagon means a rail vehicle without its own means of propulsion that runs on its own wheels on railway tracks and is used for the carriage of goods;

Wagon load means the exclusive use of a wagon, whether or not the loading space of the wagon is used wholly or in part;

NOTE

The corresponding term for Class 7 is "exclusive use" (see 2.2.7.2).

Wastes means substances, solutions, mixtures or articles for which no direct use is envisaged but which are transported for reprocessing, dumping, elimination by incineration or other methods of disposal;

Wooden barrel means a packaging made of natural wood, of round cross-section, having convex walls, consisting of staves and heads and fitted with hoops;

Wooden IBC means a rigid or collapsible wooden body, together with an inner liner (but no inner packaging) and appropriate service and structural equipment;

Woven plastics (for flexible IBCs) means a material made from stretch tapes or monofilaments of suitable plastics material.

1.2.2. Units of measurement

1.2.2.1.

>TABLE>

1.2.2.2. Unless expressly stated otherwise, the sign "%" in this Directive represents:

(a) In the case of mixtures of solids or of liquids, and also in the case of solutions and of solids wetted by a liquid, a percentage mass based on the total mass of the mixture, the solution or the wetted solid;

(b) In the case of mixtures of compressed gases, when filled by pressure, the proportion of the volume indicated as a percentage of the total volume of the gaseous mixture, or, when filled by mass, the proportion of the mass indicated as a percentage of the total mass of the mixture;

(c) In the case of mixtures of liquefied gases and gases dissolved under pressure, the proportion of the mass indicated as a percentage of the total mass of the mixture.

1.2.2.3. Pressures of all kinds relating to receptacles (such as test pressure, internal pressure, safety valve opening pressure) are always indicated in gauge pressure (pressure in excess of atmospheric pressure); however, the vapour pressure of substances is always expressed in absolute pressure.

1.2.2.4. Where this Directive specifies a degree of filling for receptacles, this is always related to a reference temperature of the substances of 15 °C, unless some other temperature is indicated.

CHAPTER 1.3

Training of persons involved in the carriage of dangerous goods

1.3.1. Scope

Persons employed by the participants referred to in Chapter 1.4, whose duties concern the carriage of dangerous goods, shall receive training in the requirements governing the carriage of such goods appropriate to their responsibilities and duties.

NOTE

With regard to training for the safety adviser, see 1.8.3.

1.3.2. Nature of the training

The training shall take the following form, appropriate to the responsibility and duties of the individual concerned.

1.3.2.1. Introduction

Personnel shall be familiar with the general requirements of the requirements for the carriage of dangerous goods.

1.3.2.2. Function-specific training

Personnel shall receive detailed training, commensurate directly with their duties and responsibilities in the requirements of the regulations concerning the carriage of dangerous goods.

Where the carriage of dangerous goods involves a multimodal transport operation, the personnel shall be made aware of the requirements concerning other transport modes.

1.3.2.3. Safety training

Commensurate with the degree of risk of injury or exposure arising from an incident involving the carriage of dangerous goods, including loading and unloading, personnel shall receive training covering the hazards and dangers presented by dangerous goods.

The training provided shall aim to make personnel aware of the safe handling and emergency response procedures.

1.3.2.4. Training for Class 7

For the purpose of Class 7, personnel shall receive appropriate training concerning the radiation hazards involved and the precautions to be observed in order to ensure restriction of their exposure and that of other persons who might be affected by their actions.

1.3.3. Documentation

Details of all the training undertaken shall be kept by both the employer and the employee and shall be verified upon commencing a new employment. The training shall be periodically supplemented with refresher training to take account of changes in regulations.

CHAPTER 1.4

Safety obligations of the participants

1.4.1. General safety measures

1.4.1.1 The participants in the carriage of dangerous goods shall take appropriate measures according to the nature and the extent of foreseeable dangers, so as to avoid damage or injury and, if necessary, to minimize their effects. They shall, in all events, comply with the requirements of this Directive in their respective fields.

1.4.1.2. When there is an immediate risk that public safety may be jeopardized, the participants shall immediately notify the emergency services and shall make available to them the information they require to take action.

1.4.1.3. This Directive may specify certain of the obligations falling to the various participants.

If a Member State considers that no lessening of safety is involved, it may in its domestic legislation transfer the obligations falling to a specific participant to one or several other participants, provided that the obligations of 1.4.2 and 1.4.3 are met.

The requirements of 1.2.1, 1.4.2 and 1.4.3 concerning the definitions of participants and their respective obligations shall not affect the requirements of domestic law concerning the legal consequences (criminal nature, liability, etc.) stemming from the fact that the participant in question is e.g. a legal entity, a self-employed worker, an employer or an employee.

1.4.2. Obligations of the main participants

1.4.2.1. Consignor

1.4.2.1.1. The consignor of dangerous goods is required to hand over for carriage only consignments which conform to the requirements of this Directive. In the context of 1.4.1, he shall in particular:

(a) ascertain that the dangerous goods are classified and accepted for carriage in accordance with this Directive;

(b) furnish the carrier with information and data and, if necessary, the required consignment notes and accompanying documents (authorizations, approvals, notifications, certificates, etc.), taking into account in particular the requirements of Chapter 5.4 and of the tables in Part 3;

(c) use only packagings, large packagings, intermediate bulk containers (IBCs) and tanks (tank wagons, demountable tanks, battery wagons, MEGCs, portable tanks and tankcontainers) approved for and suited to the carriage of the substances concerned and bearing the markings prescribed by this Directive;

(d) comply with the requirements on the means of dispatch and on restrictions on forwarding;

(e) ensure that even empty uncleaned and not degassed tanks (tank wagons, demountable tanks, battery wagons, MEGCs, portable tanks and tank-containers) or empty, uncleaned wagons and large and small containers, for carriage in bulk are appropriately marked and labelled and that empty uncleaned tanks are closed and present the same degree of leakproofness as if they were full.

1.4.2.1.2. If the consignor uses the services of other participants (packer, loader, filler, etc.), he shall take appropriate measures to ensure that the consignment meets the requirements of this Directive. He may, however, in the case of 1.4.2.1.1 (a), (b), (c) and (e), rely on the information and data made available to him by other participants.

1.4.2.1.3. When the consignor acts on behalf of a third party, the latter shall inform the consignor in writing that dangerous goods are involved and make available to him all the information and documents he needs to perform his obligations.

1.4.2.2. Carrier

1.4.2.2.1. In the context of 1.4.1, the carrier who takes over the dangerous goods at the point of departure shall in particular, by means of representative checks:

(a) ascertain that the dangerous goods to be carried are accepted for carriage under this Directive;;

(b) ascertain that the prescribed documentation is attached to the consignment note and is also forwarded;

(c) ascertain visually that the wagons and loads have no obvious defects, leakages or cracks, missing equipment, etc.;

(d) ascertain that the date of the next test for tank wagons, battery wagons, demountable tanks, portable tanks, tank-containers and MEGCs has not expired;

(e) verify that the wagons are not overloaded;

(f) ascertain that the placards and markings prescribed for the wagons have been affixed;

Where appropriate, this shall be done on the basis of the transport documents and accompanying documents, by a visual inspection of the wagon or the containers and, where appropriate, the load.

The requirements of this paragraph are considered to have been complied with if Section 5 of UIC leaflet 471-3 is applied.

1.4.2.2.2. The carrier may, however, in the case of 1.4.2.2.1 (a), (b), (e) and (f), rely on information and data made available to him by other participants.

1.4.2.2.3. If the carrier observes an infringement of the requirements of this Directive, in accordance with 1.4.2.2.1, he shall not forward the consignment until the requirements have been met.

1.4.2.2.4. If, during the journey, an infringement which could jeopardize the safety of the operation is observed, the consignment shall be halted as soon as possible bearing in mind the requirements of traffic safety, of the safe immobilisation of the consignment, and of public safety.

The transport operation may only be continued once the consignment complies with applicable regulations. The competent authority(ies) concerned by the rest of the journey may grant an authorization to pursue the transport operation.

In case the required compliance cannot be achieved and no authorization is granted for the rest of the journey, the competent authority(ies) shall provide the carrier with the necessary administrative assistance. The same shall apply in case the carrier informs this/these competent authority(ies) that the dangerous nature of the goods carried was not communicated to him by the consignor and that he wishes, by virtue of the law applicable in particular to the contract of carriage, to unload, destroy or render the goods harmless.

1.4.2.3. Consignee

1.4.2.3.1. The consignee has the obligation not to defer acceptance of the goods without compelling reasons and to verify, after unloading, that the requirements of this Directive concerning him have been complied with.

In the context of 1.4.1, he shall in particular:

(a) carry out in the cases provided for by this Directive the prescribed cleaning and decontamination of the wagons and containers;

(b) ensure that the wagons and containers once completely unloaded and cleaned, degassed and decontaminated, no longer bear placards and orange plates.

A wagon or container may only be returned or reused once the above requirements have been met.

1.4.2.3.2. If the consignee makes use of the services of other participants (unloader, cleaner, decontamination facility, etc.) he shall take appropriate measures to ensure that the requirements of 1.4.2.3.1 have been complied with.

1.4.3. Obligations of the other participants

A non-exhaustive list of the other participants and their respective obligations is given below. The obligations of the other participants flow from 1.4.1 above insofar as they know or should have known that their duties are performed as part of a transport operation subject to this Directive.

1.4.3.1. Loader

1.4.3.1.1. In the context of 1.4.1, the loader has the following obligations in particular:

(a) he shall hand the dangerous goods over to the carrier only if they are authorized for carriage in accordance with this Directive;

(b) he shall, when handing over for carriage packed dangerous goods or uncleaned empty packagings, check whether the packaging is damaged. He shall not hand over a package the packaging of which is damaged, especially if it is not leakproof, and there are leakages or the possibility of leakages of the dangerous substance, until the damage has been repaired; this obligation also applies to empty uncleaned packagings;

(c) he shall, when loading dangerous goods in a wagon or a large container, comply with the special requirements concerning loading and handling;

(d) he shall, when he hands dangerous goods over for carriage directly, comply with the requirements concerning placarding on the wagon or large container or the orange plates on the wagon or large container;

(e) he shall, when loading packages, comply with the prohibitions on mixed loading taking into account dangerous goods already in the wagon or large container and requirements concerning the separation of foodstuffs, other articles of consumption or animal feedstuffs.

1.4.3.1.2. The loader may, however, in the case of 1.4.3.1.1 (a), (d) and (e), rely on information and data made available to him by other participants.

1.4.3.2. Packer

In the context of 1.4.1, the packer shall comply with in particular:

(a) the requirements concerning packing conditions, or mixed packing conditions and,

(b) when he prepares packages for carriage, the requirements concerning marking and labelling of packages.

1.4.3.3. Filler

In the context of 1.4.1, the filler has the following obligations in particular:

(a) he shall ensure prior to the filling of tanks that both they and their equipment are technically in a satisfactory condition;

(b) he shall ensure that the date of the next test for tank wagons, battery wagons, wagons with demountable tanks, portable tanks, tank-containers and MEGCs has not expired;

(c) he shall only fill tanks with the dangerous goods authorized for carriage in those tanks;

(d) he shall, in filling the tank, comply with the requirements concerning dangerous goods in adjoining compartments;

(e) he shall, during the filling of the tank, observe the maximum permissible degree of filling or the maximum permissible mass of contents per litre of capacity for the substance being filled;

(f) he shall, after filling the tank, check the leakproofness of the closing devices;

(g) he shall ensure that no dangerous residue of the filling substance adheres to the outside of the tanks filled by him;

(h) he shall, in preparing the dangerous goods for carriage, affix the prescribed orange plates, danger labels or placards on the tanks, wagons and large and small containers filled by him, in accordance with the requirements;

(i) he shall, before and after filling tank wagons with a liquefied gas, observe the applicable special checking requirements.

1.4.3.4. Tank-container or portable tank operator

In the context of 1.4.1, the tank-container or portable tank operator shall in particular:

(a) ensure compliance with the requirements for construction, equipment, tests and marking;

(b) ensure that the maintenance of tanks and their equipment is carried out in such a way as to ensure that, under normal operating conditions, the tank-container or portable tank satisfies the requirements of this Directive until the next inspection;

(c) have a special check made when the safety of the tank or its equipment is liable to be impaired by a repair, an alteration or an accident.

1.4.3.5. Tank wagon operator

In the context of 1.4.1, the tank wagon operator shall in particular:

(a) ensure compliance with the requirements for construction, equipment, tests and marking;

(b) ensure that the maintenance of tanks and their equipment is carried out in such a way as to ensure that, under normal operating conditions, the tank wagon satisfies the requirements of this Directive until the next inspection;

(c) have a special check made when the safety of the tank or its equipment is liable to be impaired by a repair, an alteration or an accident.

CHAPTER 1.5

Derogations

1.5.1. Temporary derogations

1.5.1.1. For the purpose of adapting the requirements of this Directive to technological and industrial developments, the competent authorities of the Member States may agree directly among themselves to authorize certain transport operations in their territories by temporary derogation from the requirements of this Directive, provided that safety is not compromised thereby. The authority which has taken the initiative with respect to the temporary derogation shall notify such derogations to the Commission.

Note.

"Special arrangement" in accordance with 1.7.4 is not considered to be a temporary derogation in accordance with this section.

1.5.1.2. The period of validity of the temporary derogation shall not be more than five years from the date of its entry into force. The temporary derogation shall automatically cease as from the date of the entry into force of a relevant amendment to this Directive.

1.5.1.3. Transport operations on the basis of temporary derogations shall constitute transport operations in the sense of this Directive.

"§ 2 Two or more States, by agreement, or two or more railways, by tariff clauses, may jointly determine the conditions with which certain substances or articles not acceptable for carriage under the RID must comply if they are nevertheless to be accepted. States or railways may, in the same manner, make the conditions for acceptance laid down in the RID less rigorous. Such agreements and tariff clauses must be published and notified to the Central Office which will bring them to the notice of the States."

1.5.2. Military consignments

Derogations apply to military consignments, i.e. consignments with substances or articles of Class 1 belonging to the armed forces or for which the armed forces are responsible (see 5.2.1.5, sub-sections 5.2.2.1.8, 5.3.1.1.2 and 5.4.1.2.1(f) and 7.2.4, special requirement W 2.)

CHAPTER 1.6

Transitional measures

1.6.1. General

1.6.1.1. Substances and articles of this Directive may be carried until 31 December 2002 in accordance with the requirements of this Directive(5) applicable up to 30 June 2001.

NOTE

1. For the information in the consignment note, see 5.4.1.1.12.

2. Transitional requirements apply to the carriage of material of Class 7 (see 1.6.6.4.)

1.6.1.2. The danger labels which until 31 December 1998 conformed to the models prescribed up to that date may be used until stocks are exhausted.

1.6.1.3. Substances and articles of Class 1, belonging to the armed forces of a Member State, that were packaged prior to 1 January 1990 in accordance with the requirements of RID(6) in effect at that time may be carried after 31 December 1989 provided the packagings maintain their integrity and are declared in the consignment note as military goods packaged prior to 1 January 1990. The other requirements applicable as from 1 January 1990 for this Class shall be complied with.

1.6.1.4. Substances and articles of Class 1 that were packaged between 1 January 1990 and 31 December 1996 in accordance with the requirements of RID(7) in effect during that period may be carried after 31 December 1996, provided the packagings maintain their integrity and are declared in the consignment note as goods of Class 1 packaged between 1 January 1990 and 31 December 1996.

1.6.1.5. IBCs built in accordance with the requirements of marg. 405(5) and 555(3) in force before 1 January 1999, but which do not meet the requirements of marg. 405(5) and 555(3) in force after 1 January 1999, may still be used.

1.6.2. Receptacles for gases of Class 2

1.6.2.1. Receptacles built before 1 January 1997 and which do not conform to the requirements of RID applicable as from 1 January 1997, but the transport of which was permitted under the requirements of RID applicable up to 31 December 1996, may continue to be used after that date if the periodic test requirements in Packing Instructions P200 and P203 are complied with.

1.6.2.2. Cylinders in accordance with the definition in 1.2.1 which were submitted to an initial inspection or periodic inspection before 1 January 1997 may be carried empty and uncleaned without a label until the date of the next refilling or the next periodic inspection.

1.6.3. Tank wagons and battery wagons

1.6.3.1. Tank wagons built before the entry into force of the requirements applicable as from 1 October 1978 may be kept in service if the equipment of the tank meets the requirements of Chapter 6.8. The thickness of the shell wall, except in the case of shells intended for the carriage of liquefied, refrigerated gases of Class 2, shall be appropriate to a calculation pressure of not less than 0,4 MPa (4 bar) (gauge pressure) in the case of mild steel or of not less than 200 kPa (2 bar) (gauge pressure) in the case of aluminium and aluminium alloys.

1.6.3.2. Periodic tests for tank wagons retained in service in conformity with the transitional requirements shall be carried out in accordance with the requirements of 6.8.2.4 and 6.8.3.4 and the special requirements pertaining to the various classes. Unless the earlier requirements prescribed a higher test pressure, a test pressure of 200 kPa (2 bar) (gauge pressure) is sufficient for aluminium and aluminium alloy shells.

1.6.3.3. Tank wagons which meet the transitional requirements of 1.6.3.1 and 1.6.3.2 may be used until 30 September 1998 for the carriage of dangerous goods for which they were approved. This transitional period does not apply to tank wagons intended for the carriage of substances of Class 2 or to tank wagons whose wall thickness and items of equipment meet the requirements of Chapter 6.8.

1.6.3.4. Tank wagons constructed before 1 January 1988 in accordance with the requirements applicable up to 31 December 1987 and which do not conform to the requirements applicable from 1 January 1988 may still be used. This also applies to tank wagons which do not bear the inscription of the shell materials in accordance with Appendix XI, 1.6.1, required from 1 January 1988.

1.6.3.5. Tank wagons constructed before the entry into force of the requirements applicable from 1 January 1993 and which do not conform to those requirements, but were constructed according to the requirements of RID in force until that date may still be used.

1.6.3.6. Tank wagons constructed before the entry into force of the requirements applicable from 1 January 1995 and which do not conform to those requirements, but were constructed according to the requirements of RID in force until that date may still be used.

1.6.3.7. Tank wagons intended for the carriage of flammable liquids with a flash-point from 55 °C to 61 °C constructed before 1 January 1997 in accordance with the requirements of Appendix XI, paragraphs 1.2.7, 1.3.8 and 3.3.3 applicable up to 31 December 1996 which do not conform to the requirements of those paragraphs in force from 1 January 1997 may continue to be used.

1.6.3.8. Tank wagons, battery wagons and wagons with demountable tanks intended for the carriage of substances of Class 2, built before 1 January 1997, may bear the marking in accordance with the requirements in force up to 31 December 1996, until the next periodic test.

However, proper shipping names required by 6.8.3.5.2 or 6.8.3.5.3 need not take into account subsequent adaptions of the proper shipping names of these gases, provided the current proper shipping name appears on the shell or on a plate after the first periodic inspection following that date.

1.6.3.9. Tank wagons intended for the carriage of substances with the following UN numbers built before 1 January 1995 in accordance with the requirements in force up to 31 December 1994, which do not comply with the requirements in force from 1 January 1995, may continue to be used until 31 December 2002:

1092, 1098, 1106, 1135, 1143, 1181, 1182, 1198, 1199, 1228, 1238, 1239, 1251, 1289, 1297, 1545, 1569, 1591, 1593, 1595, 1601, 1602, 1603, 1604, 1605, 1647, 1669, 1693, 1695, 1701, 1702, 1710, 1730, 1731, 1737, 1738, 1742, 1743, 1750, 1751, 1752, 1754, 1758, 1792, 1796, 1808, 1809, 1810, 1817, 1818, 1826, 1827, 1828, 1834, 1836, 1837, 1838, 1846, 1886, 1887, 1888, 1889, 1891, 1897, 1916, 1986, 1988, 1992, 2016, 2017, 2022, 2023, 2051, 2076, 2248, 2258, 2260, 2264, 2267, 2276, 2279, 2285, 2295, 2310, 2321, 2322, 2337, 2357, 2361, 2407, 2438, 2443, 2444, 2477, 2478, 2482, 2484, 2485, 2487, 2488, 2504, 2515, 2516, 2518, 2521, 2526, 2529, 2530, 2558, 2589, 2604, 2606, 2610, 2611, 2619, 2644, 2646, 2653, 2664, 2667, 2684, 2685, 2686, 2688, 2692, 2729, 2733, 2734, 2745, 2746, 2748, 2810, 2811, 2831, 2841, 2872, 2879, 2924, 2927, 2928, 2929, 3023, 3071, 3080, 3142, 3143, 3145, 3246, 3248, 3265, 3277 and 3279.

1.6.3.10. Tank wagons constructed before 1 January 1995 intended for the carriage of substances of UN No 3256 and which do not conform to the requirements in force from 1 January 1995 may continue to be used until 31 December 2004.

1.6.3.11. Tank wagons constructed before 1 January 1997 in accordance with the requirements in force up to 31 December 1996, and which do not conform to the requirements of Appendix XI, 3.3.3 and 3.3.4 in force from 1 January 1997, may still be used.

1.6.3.12. Tank wagons intended for the carriage of UN 2401 piperidine constructed before 1 January 1999 in accordance with the requirements of Appendix XI, 3.2.3 in force up to 31 December 1998 and which do not conform to the requirements in force from 1 January 1999 may continue to be used until 31 December 2009.

1.6.3.13. Tank wagons constructed before 1 January 1997 intended for the carriage of substances of UN No 3257 and which do not conform to the requirements in force from 1 January 1997 may continue to be used until 31 December 2006.

1.6.3.14. Tank wagons constructed before 1 January 1999 in accordance with the requirements of Appendix XI, 5.3.6.3 and which do not conform to the requirements of Appendix XI, 5.3.6.3 in force from 1 January 1999, may still be used.

1.6.3.15. Tank wagons intended for the carriage of substances with the following UN numbers constructed before 1 January 1997 in accordance with the requirements in force up to 31 December 1996 and which do not conform to the requirements in force from 1 January 1997, may continue to be used until 31 December 2004:

1092, 1098, 1135, 1143, 1182, 1199, 1238, 1251, 1605, 1647, 1695, 1809, 2295, 2337, 2407, 2438, 2477, 2487, 2488, 2558, 2606, 2644, 2686, 2646, 3023, 3289 and 3290.

1.6.3.16. (Reserved)

1.6.3.17. Tank wagons which do not meet the requirements of the last sentence of Appendix XI, 1.2.8.5 in force from 1 July 2000, may continue to be used until the next inspection, until 30 June 2004.

1.6.3.18. Tank wagons and battery wagons constructed before 1 July 2001 in accordance with the requirements in force up to 30 June 2001 and which do not comply with the requirements in force from 1 July 2001, may still be used. Assignment to the tank codes in the tank type approval and the appropriate markings shall be applied before 1 July 2009.

1.6.4. Tank-containers en MEGC's

1.6.4.1. Tank-containers constructed before 1 January 1988 in accordance with the requirements applicable up to 31 December 1987 and which do not conform to the requirements applicable from 1 January 1988 may still be used.

1.6.4.2. Tank-containers constructed before the entry into force of the requirements applicable from 1 January 1993 and which do not conform to those requirements, but were constructed according to the requirements in force until that date may still be used.

1.6.4.3. Tank-containers constructed before the entry into force of the requirements applicable from 1 January 1995 and which do not conform to those requirements, but were constructed according to the requirements in force until that date may still be used.

1.6.4.4. Tank-containers intended for the carriage of flammable liquids with a flash-point from 55 °C to 61 °C constructed before 1 January 1997 in accordance with the requirements of Appendix X, paragraphs 1.2.7, 1.3.8 and 3.3.3 applicable up to 31 December 1996 which do not conform to the requirements of those paragraphs in force from 1 January 1997 may continue to be used.

1.6.4.5. Tank-containers intended for the carriage of substances of Class 2, built before 1 January 1997, may bear the marking in accordance with the requirements in force up to 31 December 1996, until the next periodic test.

However, proper shipping names required by 6.8.3.5.2 or 6.8.3.5.3 need not take into account subsequent adaptions of the proper shipping names of these gases, provided the current proper shipping name appears on the shell or on a plate after the first periodic inspection following that date.

1.6.4.6. Tank-containers constructed before 1 January 1995 intended for the carriage of substances of UN No 3256 and which do not conform to the requirements in force from 1 January 1995 may continue to be used until 31 December 2002.

1.6.4.7. Tank-containers constructed before 1 January 1997 in accordance with the requirements in force up to 31 December 1996, and which do not conform to the requirements of Appendix X, 3.3.3 and 3.3.4 in force from 1 January 1997, may still be used.

1.6.4.8. Tank-containers constructed before 1 January 1999 in accordance with the requirements of Appendix X, 5.3.6.3 and which do not conform to the requirements of Appendix X, 5.3.6.3 in force from 1 January 1999, may still be used.

1.6.4.9. Tank-containers intended for the carriage of UN 2401 piperidine constructed before 1 January 1999 in accordance with the requirements of Appendix X, 3.2.3 in force up to 31 December 1998 and which do not conform to the requirements in force from 1 January 1999 may continue to be used until 31 December 2009.

1.6.4.10. Tank-containers constructed before 1 January 1997 intended for the carriage of substances of UN No 3257 and which do not conform to the requirements in force from 1 January 1997 may continue to be used until 31 December 2004.

1.6.4.11. Tank-containers intended for the carriage of substances with the following UN numbers constructed before 1 January 1997 in accordance with the requirements in force up to 31 December 1996 and which do not conform to the requirements in force from 1 January 1997, may continue to be used until 31 December 2001:

1092, 1098, 1135, 1143, 1182, 1199, 1238, 1251, 1605, 1647, 1695, 1809, 2295, 2337, 2407, 2438, 2477, 2487, 2488, 2558, 2606, 2644, 2686, 2646, 3023, 3289 and 3290.

1.6.4.12. Tank-containers and MEGCs constructed before 1 July 2001 in accordance with the requirements applicable up to 30 June 2001, but which do not, however, conform to the requirements applicable as from 1 July 2001, may still be used. Assignment to the tank codes in the design type approvals and the relevant markings shall be carried out prior to 1 July 2006.

1.6.5. (Reserved)

1.6.6. Class 7

1.6.6.1. Packages not requiring competent authority approval of design under the 1985 and 1985 (as amended 1990) editions of IAEA Safety Series No 6

Excepted packages, Industrial packages Type IP-1, Type IP-2 and Type IP-3 and Type A packages that did not require approval of design by the competent authority and which meet the requirements of the 1985 or 1985 (as amended 1990) Editions of IAEA Regulations for the Safe Transport of Radioactive Material (IAEA Safety Series No 6) may continue to be used subject to the mandatory programme of quality assurance in accordance with the requirements of 1.7.3 and the activity limits and material restrictions of 2.2.7.7.

Any packaging modified, unless to improve safety, or manufactured after 31 December 2003, shall meet the requirements of this Directive. Packages prepared for transport not later than 31 December 2003 under the 1985 or 1985 (as amended 1990) Editions of IAEA Safety Series No 6 may continue in transport. Packages prepared for transport after this date shall meet the requirements of this Directive.

1.6.6.2. Packages approved under the 1973, 1973 (as amended), 1985 and 1985 (as amended 1990) editions of IAEA Safety Series No 6

1.6.6.2.1. Packagings manufactured to a package design approved by the competent authority under the provisions of the 1973 or 1973 (as amended) Editions of IAEA Safety Series No 6 may continue to be used, subject to: multilateral approval of package design, the mandatory programme of quality assurance in accordance with the applicable requirements of 1.7.3 and the activity limits and material restrictions of 2.2.7.7. No new manufacture of such packaging shall be permitted to commence. Changes in the design of the packaging or in the nature or quantity of the authorized radioactive contents which, as determined by the competent authority, would significantly affect safety shall require that the requirements of this Directive be met. A serial number according to the requirements of 5.2.1.7.5 shall be assigned to and marked on the outside of each packaging.

1.6.6.2.2. Packagings manufactured to a package design approved by the competent authority under the requirements of the 1985 or 1985 (as amended 1990) Editions of IAEA Safety Series No 6 may continue to be used until 31 December 2003, subject to: the mandatory programme of quality assurance in accordance with the requirements of 1.7.3 and the activity limits and material restrictions of 2.2.7.7. After this date use may continue subject, additionally, to multilateral approval of package design. Changes in the design of the packaging or in the nature or quantity of the authorized radioactive contents which, as determined by the competent authority, would significantly affect safety shall require that the requirements of RID be met. All packagings for which manufacture begins after 31 December 2006 shall meet the requirements of this Directive.

1.6.6.3. Special form radioactive material approved under the 1973, 1973 (as amended), 1985 and 1985 (as amended 1990) Editions of IAEA Safety Series No 6

Special form radioactive material manufactured to a design which had received unilateral approval by the competent authority under the 1973, 1973 (as amended), 1985 or 1985 (as amended 1990) Editions of IAEA Safety Series No 6 may continue to be used when in compliance with the mandatory programme of quality assurance in accordance with the applicable requirements of 1.7.3. All special form radioactive material manufactured after 31 December 2003 shall meet the requirements of this Directive.

1.6.6.4. General transitional requirements for the carriage of material of Class 7

The transitional requirements of 1.6.1.1 shall apply to the carriage of material of Class 7 only until 31 December 2001, except use of the requirements of Chapters 1.4 and 1.8, where the transitional requirements may be used until 31 December 2002.

CHAPTER 1.7

General requirements concerning Class 7

1.7.1. General

1.7.1.1. This Directive establishes standards of safety which provide an acceptable level of control of the radiation, criticality and thermal hazards to persons, property and the environment that are associated with the carriage of radioactive material. These standards are based on the IAEA Regulations for the Safe Transport of Radioactive Material (ST-1), IAEA, Vienna (1996). Explanatory material on ST-1 can be found in "Advisory Material for the IAEA Regulations for the Safe Transport of Radioactive Material (1996 Edition)", Safety Standard Series No ST-2, IAEA, Vienna (to be published).

1.7.1.2. The objective of this Directive is to protect persons, property and the environment from the effects of radiation during the transport of radioactive material. This protection is achieved by requiring:

(a) Containment of the radioactive contents;

(b) Control of external radiation levels;

(c) Prevention of criticality; and

(d) Prevention of damage caused by heat.

These requirements are satisfied firstly by applying a graded approach to contents limits for packages and wagons and to performance standards applied to package designs depending upon the hazard of the radioactive contents. Secondly, they are satisfied by imposing requirements on the design and operation of packages and on the maintenance of packagings, including a consideration of the nature of the radioactive contents. Finally, they are satisfied by requiring administrative controls including, where appropriate, approval by competent authorities.

1.7.1.3. This Directive applies to the transport of radioactive material by rail including transport which is incidental to the use of the radioactive material. Transport comprises all operations and conditions associated with and involved in the movement of radioactive material; these include the design, manufacture, maintenance and repair of packaging, and the preparation, consigning, loading, carriage including in-transit storage, unloading and receipt at the final destination of loads of radioactive material and packages. A graded approach is applied to the performance standards in this Directive that is characterized by three general severity levels:

(a) Routine conditions of transport (incident free);

(b) Normal conditions of transport (minor mishaps);

(c) Accident conditions of transport.

1.7.2. Radiation protection programme

1.7.2.1. The transport of radioactive material shall be subject to a Radiation Protection Programme which shall consist of systematic arrangements aimed at providing adequate consideration of radiation protection measures.

1.7.2.2. The nature and extent of the measures to be employed in the programme shall be related to the magnitude and likelihood of radiation exposures. The programme shall incorporate the requirements in 1.7.2.3, and 1.7.2.4, CV33 (1.1) and (1.4) of 7.5.11 and applicable emergency response procedures. Programme documents shall be available, on request, for inspection by the relevant competent authority.

1.7.2.3. Protection and safety shall be optimised in order that the magnitude of individual doses, the number of persons exposed, and the likelihood of incurring exposure shall be kept as low as reasonably achievable, economic and social factors being taken into account, and doses to persons shall be below the relevant dose limits. A structured and systematic approach shall be adopted and shall include consideration of the interfaces between transport and other activities.

1.7.2.4. For occupational exposures arising from transport activities, where it is assessed that the effective dose:

(a) is most unlikely to exceed 1 mSv in a year, no special work patterns, detailed monitoring, dose assessment programmes or individual record keeping shall be required;

(b) is likely to be between 1 mSv and 6 mSv in a year, a dose assessment programme via work place monitoring or individual monitoring shall be conducted;

(c) is likely to exceed 6 mSv in a year, individual monitoring shall be conducted.

When individual monitoring or work place monitoring is conducted, appropriate records shall be kept.

1.7.3. Quality assurance

Quality assurance programmes based on international, national or other standards acceptable to the competent authority shall be established and implemented for the design, manufacture, testing, documentation, use, maintenance and inspection of all special form radioactive material, low dispersible radioactive material and packages and for transport and in-transit storage operations to ensure compliance with the relevant requirements of this Directive. Certification that the design specification has been fully implemented shall be available to the competent authority. The manufacturer, consignor or user shall be prepared to provide facilities for competent authority inspection during manufacture and use and to demonstrate to any cognizant competent authority that:

(a) the manufacturing methods and materials used are in accordance with the approved design specifications; and

(b) all packagings are periodically inspected and, as necessary, repaired and maintained in good condition so that they continue to comply with all relevant requirements and specifications, even after repeated use.

Where competent authority approval is required, such approval shall take into account and be contingent upon the adequacy of the quality assurance programme.

1.7.4. Special arrangement

1.7.4.1. Special arrangement shall mean those requirements, approved by the competent authority, according to which consignments which do not satisfy all the requirements of this Directive applicable to radioactive material may be carried.

NOTE

Special arrangement is not considered to be a temporary derogation in accordance with 1.5.1.

1.7.4.2. Consignments for which conformity with any requirement applicable to Class 7 is impracticable shall not be carried except under special arrangement. Provided the competent authority is satisfied that conformity with the Class 7 requirements of this Directive is impracticable and that the requisite standards of safety established by this Directive have been demonstrated through alternative means the competent authority may approve special arrangement transport operations for single or a planned series of multiple consignments. The overall level of safety in transport shall be at least equivalent to that which would be provided if all the applicable requirements had been met. For international consignments of this type, multilateral approval shall be required.

1.7.5. Radioactive material possessing other dangerous properties

In addition to the radioactive and fissile properties, any subsidiary risk of the contents of the package, such as explosiveness, flammability, pyrophoricity, chemical toxicity and corrosiveness, shall also be taken into account in the packing, labelling, marking, placarding, stowage, separation and carriage, in order to be in compliance with all the relevant requirements of this Directive.

CHAPTER 1.8

Checks and other support measures to ensure compliance with safety requirements

1.8.1. Administrative controls of dangerous goods

1.8.1.1. The competent authorities of the Member States may, on their national territory, at any time, conduct spot checks to verify whether the requirements concerning the carriage of dangerous goods have been met.

These checks shall, however, be made without endangering persons, property or the environment and without major disruption of rail services.

1.8.1.2. Participants in the carriage of dangerous goods (Chapter 1.4) shall, without delay, in the context of their respective obligations, provide the competent authorities and their agents with the necessary information for carrying out the checks.

1.8.1.3. The competent authorities may also, for the purposes of carrying out checks on the premises of the enterprises participating in the carriage of dangerous goods (Chapter 1.4), make inspections, consult the necessary documents and remove samples of dangerous goods or packagings for examination, provided that safety is not jeopardized thereby. The participants in the carriage of dangerous goods (Chapter 1.4) shall also make the wagons or parts of wagons and the equipment and installations accessible for the purpose of checking where this is possible and reasonable. They may, if they deem necessary, designate a person from the enterprise to accompany the representative of the competent authority.

1.8.1.4. If the competent authorities observe that the requirements of this Directive have not been met, they may prohibit a consignment or interrupt a transport operation until the defects observed are rectified, or they may prescribe other appropriate measures. Immobilization may take place on the spot or at another place selected by the authorities for safety reasons. These measures shall not cause a major disruption in rail services.

1.8.2. Mutual administrative support

1.8.2.1. The Member States shall agree on mutual administrative support for the implementation of this Directive.

1.8.2.2. When a Member State has reasons to observe that the safety of the carriage of dangerous goods on its territory is compromised as a result of very serious or repeated infringements by an enterprise which has its headquarters on the territory of another Member State, it shall notify the competent authorities of this Member State of such infringements. The competent authorities of the Member State on the territory of which the very serious or repeated infringements were observed may request the competent authorities of the Member State on the territory of which the enterprise has its headquarters to take appropriate measures against the offender(s). The transmission of data referring to persons shall not be permitted unless it is necessary for the prosecution of very serious or repeated infringements.

1.8.2.3. The authorities notified shall communicate to the competent authorities of the Member State on the territory of which the infringements were observed, the measures which have, if necessary, been taken with respect to the enterprise.

1.8.3. Safety adviser

1.8.3.1. Each undertaking, the activities of which include the transport, or the related loading, unloading, filling or packing of dangerous goods by rail shall appoint one or more safety advisers for the transport of dangerous goods, responsible for helping to prevent the risks inherent in such activities with regard to persons, property and the environment.

1.8.3.2. The competent authorities of the Member States may provide that these requirements shall not apply to undertakings:

(a) the activities of which include the carriage of dangerous goods in means of transport belonging to the armed forces or for which the armed forces are responsible, or

(b) the activities of which concern quantities in each wagon smaller than those referred to in 1.1.3.1, 2.2.7.1.2 and in Chapters 3.3 and 3.4, or

(c) the main or secondary activities of which are not the carriage or the related loading or unloading of dangerous goods but which occasionally engage in the national carriage or the related loading or unloading of dangerous goods posing little danger or risk of pollution.

1.8.3.3. The main task of the adviser shall be, under the responsibility of the head of the undertaking, to seek by all appropriate means and by all appropriate action, within the limits of the relevant activities of that undertaking, to facilitate the conduct of those activities in accordance with the requirements applicable and in the safest possible way. With regard to the undertaking's activities, the adviser has the following duties in particular:

- monitoring compliance with the requirements governing the transport of dangerous goods;

- advising his undertaking on the transport of dangerous goods;

- 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 of dangerous goods. Such annual reports shall be preserved for five years and made available to the national authorities at their request.

The adviser's duties also include monitoring the following practices and procedures relating to the relevant activities of the undertaking:

- the procedures for compliance with the requirements governing the identification of dangerous goods being carried;

- the undertaking's practice in taking account, when purchasing means of transport, of any special requirements in connection with the dangerous goods being transported;

- the procedures for checking the equipment used in connection with the transport, loading or unloading of dangerous goods;

- the proper training of the undertaking's employees and the maintenance of records of such training;

- the implementation of proper emergency procedures in the event of any accident or incident that may affect safety during the transport, loading or unloading of dangerous goods;

- investigating and, where appropriate, preparing reports on serious accidents, incidents or serious infringements recorded during the transport, loading or unloading of dangerous goods;

- the implementation of appropriate measures to avoid the recurrence of accidents, incidents or serious infringements;

- the account taken of the legal requirements and special requirements associated with the transport of dangerous goods in the choice and use of sub-contractors or third parties;

- verification that employees involved in the transport, loading or unloading of dangerous goods have detailed operational procedures and instructions,

- the introduction of measures to increase awareness of the risks inherent in the transport, loading and unloading of dangerous goods;

- the implementation of verification procedures to ensure the presence on board means of transport of the documents and safety equipment which must accompany transport and the compliance of such documents and equipment with the regulations;

- the implementation of verification procedures to ensure compliance with the requirements governing loading and unloading.

1.8.3.4. The adviser may also be the head of the undertaking, a person with other duties in the undertaking, or a person not directly employed by that undertaking, provided that that person is capable of performing the duties of adviser.

1.8.3.5. Each undertaking concerned shall, on request, inform the competent authority or the body designated for that purpose by each Member State of the identity of its adviser.

1.8.3.6. Whenever an accident affects persons, property or the environment or results in damage to property or the environment during transport, loading or unloading carried out by the undertaking concerned, the adviser shall, after collecting all the relevant information, prepare an accident report to the management of the undertaking or to a local public authority, as appropriate. That report shall not replace any report by the management of the undertaking which might be required under any other international or national legislation.

1.8.3.7. An adviser shall hold a vocational training certificate, valid for transport by rail. That certificate shall be issued by the competent authority or the body designated for that purpose by each Member State.

1.8.3.8. To obtain a certificate, a candidate shall undergo training and pass an examination approved by the competent authority of the Member State.

1.8.3.9. The main aims of the training shall be to provide candidates with sufficient knowledge of the risks inherent in the transport of dangerous goods, of the legal and administrative requirements and of the duties listed in 1.8.3.3.

1.8.3.10. The examination shall be organized by the competent authority or by an examining body designated by the competent authority.

The examining body shall be designated in writing. This approval may be of limited duration and shall be based on the following criteria:

- competence of the examining body;

- specifications of the form of the examinations the examining body is proposing;

- measures intended to ensure that examinations are impartial;

- independence of the body from all natural or legal persons employing safety advisers.

1.8.3.11. The aim of the examination is to ascertain whether candidates possess the necessary level of knowledge to carry out the duties incumbent upon a safety adviser as listed in 1.8.3.3, for the purpose of obtaining the certificate prescribed in 1.8.3.7, and it shall cover at least the following subjects:

(a) knowledge of the types of consequences which may be caused by an accident involving dangerous goods and knowledge of the main causes of accidents;

(b) requirements under national law, international conventions and agreements, with regard to the following in particular:

- classification of dangerous goods (procedure for classifying solutions and mixtures, structure of the list of substances, classes of dangerous goods and principles for their classification, nature of dangerous goods carried, physical, chemical and toxicological properties of dangerous goods);

- general packing requirements, requirements for tanks and tank-containers (types, code, marking, construction, initial and periodic testing);

- marking, labelling, placarding and orange plates (marking and labelling of packages, placing and removal of placards and orange plates);

- information in the consignment note [necessary information];

- method of consignment and restrictions on forwarding (wagon load, full wagon load, carriage in bulk, carriage in IBCs, carriage in containers; carriage in fixed or demountable tanks);

- carriage of passengers;

- prohibitions and precautions relating to mixed loading;

- segregation of goods;

- limited and exempted quantities;

- handling and stowage (loading and unloading, degree of filling, stowage and segregation);

- cleaning and/or degassing before loading and after unloading;

- crews, vocational training;

- documents to be carried on board (consignment note, copies of any derogations, other documents);

- operational and accidental discharges of pollutants;

- requirements relating to transport equipment.

1.8.3.12. The examination shall consist of a written test which may be supplemented by an oral examination.

The written examination shall consist of two parts:

(a) Candidates shall receive a questionnaire. It shall include at least 20 open questions covering at least the subjects mentioned in the list in 1.8.3.11. However, multiple choice questions may be used. In this case, two multiple choice questions count as one open question. Amongst these subjects particular attention shall be paid to the following subjects:

- general preventive and safety measures;

- classification of dangerous goods;

- general packing provisions, including tanks, tank-containers, tank wagons, etc.;

- danger markings and labels;

- information in the consignment note;

- handling and stowage;

- crew, vocational training;

- documents to be carried on board and consignment notes;

- requirements concerning transport equipment.

(b) Candidates shall undertake a case study in keeping with the duties of the adviser referred to in 1.8.3.3, in order to demonstrate that they have the necessary qualifications to fulfil the task of adviser.

1.8.3.13. The Member States may decide that candidates who intend working for undertakings specializing in the carriage of certain types of dangerous goods need only be questioned on the subjects relating to their activities. These types of goods are:

- Class 1,

- Class 2,

- Class 7,

- C