COUNCIL DIRECTIVE 96/49/EC of 23 July 1996 on the approximation of the laws of the Member States with regard to the transport of dangerous goods by rail

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 75 thereof,

Having regard to the proposal from the Commission (1),

Having regard to the opinion of the Economic and Social Committee (2),

Acting in accordance with the procedure referred to in Article 189c of the Treaty (3),

(1) Whereas in recent years the transport of dangerous goods by rail has considerably expanded, thus increasing the risks of accidents occurring; whereas measures must therefore be taken to ensure that such transport is carried out under the best possible conditions of safety;

(2) Whereas all Member States are Contracting Parties to the Convention concerning international carriage by rail (COTIF), which, in Appendix B thereto, defines uniform rules concerning the contract for international carriage of goods by rail (CIM), Annex 1 to which constitutes the regulations concerning the international carriage of dangerous goods by rail (RID); whereas the geographical scope of the Convention extends beyond the Community;

(3) Whereas the Convention does not cover the national carriage of dangerous goods by rail; whereas it is therefore important to ensure the uniform application of harmonized safety rules throughout the Community; whereas the most appropriate way of achieving this is to align the laws applied by the Member States on the RID;

(4) Whereas, in compliance with the principle of subsidiarity, these laws must be approximated in order to ensure a high level of safety for national and international transport operations, to guarantee the elimination of distortions of competition by facilitating the free movement of goods and services throughout the Community and to ensure consistency with the other Community provisions;

(5) Whereas the provisions of this Directive are without prejudice to the commitment entered into by the Community and its Member States, in accordance with the goals set under Agenda 21, Chapter 19, at the UNCED Conference in June 1992 in Rio de Janeiro, to strive for the future harmonization of systems for the classification of dangerous substances;

(6) Whereas no specific Community legislation yet governs the safety conditions under which biological agents and genetically modified micro-organisms, regulated under Directives 90/219/EEC (4), 90/220/EEC (5) and 90/676/EEDC (6) should be transported;

(7) Whereas the provisions of this Directive are without prejudice to the application of other Community provisions in the field of worker safety and environmental protection;

(8) Whereas the Member States must be able to apply specific traffic regulations to the transport on their territory of dangerous goods by rail;

(9) Whereas, the Member States should retain the right, with regard to the transport of dangerous goods by rail, provisionally to implement rules in conformity with the United Nations recommendations on the multimodal transport of dangerous goods, in so far as the RID is not yet harmonized with those regulations, which should facilitate the inter-modal transport of dangerous goods;

(10) Whereas each Member State must retain the right to regulate or prohibit, strictly for reasons other than safety, the internal transport of certain dangerous goods by rail;

(11) Whereas account should be taken of the more stringent safety measures applied in the Channel Tunnel because of its specific characteristics, in particular its route and length; whereas provision should also be made for Member States to be able to introduce the same kind of measures where similar situations arise; whereas it must be possible for some Member States to apply more stringent standards for material intended for transport because of the ambient temperature in their countries;

(12) Whereas, in view of the volume of investment required in this sector, a transitional period should be laid down to enable Member States to retain temporarily certain specific national provisions concerning construction requirements or the use of tanks, receptacles, packaging or an emergency action code;

(13) Whereas the introduction of new developments in technology and industry must not be hindered; whereas temporary derogations should be provided for that purpose;

(14) Whereas the provisions of the RID authorize the conclusion of agreements derogating therefrom; whereas the large number of agreements concluded bilaterally between Member States impedes the free provision of dangerous-goods transport services; whereas including the necessary provisions in the Annex to this Directive should overcome the need for such derogations; whereas provision should be made for a transitional period during which the Member States may continue to apply existing agreements amongst themselves;

(15) Whereas the transport of dangerous goods by rail to or from a third country is authorized, provided it is carried out in accordance with the requirements of the RID; whereas, however, in the case of transport operations from and to the Republics of the former Soviet Union which are not contracting parties to the COTIF, the Member States are entitled to adopt appropriate measures with regard to such operations; whereas they guarantee a level of safety equivalent to that provided for in the RID;

(16) Whereas it must be possible to adapt this Directive rapidly to technical progress, notably by adoption of the new provisions laid down within the framework of the RID; whereas, for that purpose, a Committee should be set up and a procedure established for close cooperation between Member States and the Commission within that Committee,

HAS ADOPTED THIS DIRECTIVE:

CHAPTER I Scope

Article 1

1. This Directive shall apply to the transport of dangerous goods by rail within Member States or between Member States. Member States may, however, exempt from the scope of this Directive the transport of dangerous goods conducted by means of transport equipment belonging to or under the responsibility of the armed forces.

2. This Directive shall not, however, affect the Member State's right, having due regard to Community law, to lay down specific safety requirements for the national or international transport of dangerous goods by rail, in so far as the Annex thereto does not cover that area, in particular as regards, inter alia:

- the running of trains;

- the marshalling of freight wagons in trains in national traffic;

- operating rules for operations ancillary to transport such as marshalling and stabling;

- the training of staff and the management of information concerning the dangerous goods transported;

- special rules for the transport of dangerous goods in passenger trains.

Article 2

For the purposes of this Directive:

- 'RID` shall mean the regulations concerning the international carriage of dangerous goods by rail, appearing as Annex I to Appendix B to the Convention concerning international carriage by rail (COTIF), together with its amendments;

- 'CIM` shall mean the uniform rules concerning the contract for international carriage of goods by rail, appearing as Appendix B to the Convention concerning international carriage by rail (COTIF), together with its amendments;

- 'dangerous goods` shall mean those substances and articles the transport by rail of which is prohibited or authorized only on certain conditions by the Annex to this Directive;

- 'transport` shall mean any operation for the transport of dangerous goods by rail, conducted wholly or partially within the territory of a Member State, including the activities of loading, unloading and transfer to or from another mode of transport and the stops necessitated by the circumstances of the transport, covered by the Annex to this Directive, without prejudice to the arrangements laid down by the laws of the Member States concerning liability in respect of such operations; it shall not include transport wholly performed within the perimeter of an undertaking.

Article 3

1. Without prejudice to Article 6, dangerous goods the transport of which is prohibited by the provisions of the Annex may not be transported by rail.

2. Save as otherwise provided in this Directive and without prejudice to the rules on market access for railway undertakings or to the rules generally applicable to the transport of goods by rail, the transport of dangerous goods by rail shall be authorized, subject to compliance with the rules laid down in the Annex.

CHAPTER II Derogations, restrictions and exemptions

Article 4

Each Member State may, for the purposes of national rail transport operations within its territory, retain provisions of its national law on the transport of dangerous goods by rail which are consistent with the United Nations recommendations on the transport of dangerous goods, until such time as the Annex to this Directive is revised to reflect those recommendations. In such cases, the Member State concerned shall inform the Commission thereof.

Article 5

1. Without prejudice to other Community provisions, each Member State shall retain the right to regulate or prohibit, strictly for reasons other than safety during transport connected in particular with national security or environmental protection, the transport of certain dangerous goods within its territory.

2. (a) For transport via the Channel Tunnel, France and the United Kingdom may impose more stringent provisions than those provided for in the Annex. The Commission shall be informed of such provisions and it shall inform the other Member States.

(b) Where a Member State considers that stricter provisions should be applied to transport through tunnels with characteristics similar to the Channel Tunnel within its territory, it shall inform the Commission. The Commission, acting in accordance with the procedure laid down in Article 9, shall decide whether the tunnel in question has similar characteristics. Provisions adopted by a Member State shall be notified to the Commission, which shall inform the other Member States.

(c) A Member State in which the ambient temperature is regularly lower than - 20 °C may impose more stringent standards as regards the operating temperature of material intended for use in the national transport of dangerous goods by rail within its territory until provisions on the appropriate reference temperatures for given climatic zones are incorporated in the Annex.

3. If, on the occasion of an accident or an incident, a Member State considers that the safety provisions applicable have been found to be insufficient to limit the hazards involved in the transport operation and if there is an urgent need to take action, that Member State shall notify the Commission at the planning stage of the measures which it proposes to take. Acting in accordance with the procedure laid down in Article 9, the Commission shall decide whether the implementation of the measures in question should be authorized and shall determine the duration thereof.

4. Member States may maintain all national provisions applicable on 31 December 1996 to the transport and packaging of substances containing dioxins or furans.

Article 6

1. Each Member State may authorize the transport by rail within its territory of dangerous goods classified, packed and labelled in accordance with international requirements for maritime or air transport whenever the transport involves a sea or air voyage.

Where a national or international journey involves carriage by sea, a Member State may apply provisions additional to those of the Annex to take account of international rules governing maritime transport, including international rules governing ferry transport.

2. The provisions of the Annex concerning the format of transport documentation and the use of languages in marking or in the documentation required shall not apply to transport operations confined to the territory of a single Member State. A Member State may authorize the use of documentation and languages other than those provided for in the Annex for transport operations confined to its territory.

3. Within its territory a Member State may allow the use of rail wagons constructed before 1 January 1997 which do not conform with the provisions of this Directive, but were constructed according to national provisions in force on 31 December 1996, provided that those wagons are maintained to the required safety levels.

4. A Member State may retain national provisions in force on 31 December 1996 relating to the construction, use and conditions of carriage of new tanks, and new receptacles as defined in Class 2 of the Annex, which differ from the provisions of that Annex, until references to standards for the construction and use of tanks and receptacles are added to the Annex, with the same binding force as the provisions therein, but in any event no later than 31 December 1998. Receptacles and tanks constructed before 1 January 1999 and maintained to the required safety levels may continue to be used under the original conditions.

5. A Member State may retain national provisions other than those in the Annex with regard to the reference temperature for the transport in its territory of liquefied gases or mixtures of liquefied gases, until provisions relating to appropriate reference temperatures for designated climatic areas are incorporated into European standards and referred to in the Annex.

6. A Member State may allow the use, in transport within its territory, of packaging constructed but not certified in accordance with the RID before 1 January 1997, provided that such packaging bears the date of its manufacture, is capable of passing the tests laid down in national provisions in force on 31 December 1996 and provided that they are maintained to the relevant safety levels (including testing and inspection where required), according to the following scheme: metal intermediate bulk containers and metal drums exceeding 50 litres in capacity may be used for up to 15 years after the date of their manufacture; other metal packagings and all plastic packagings may be used for up to five years after the date of their manufacture, but not after 31 December 1998.

7. A Member State may authorize the transport within its territory of certain dangerous goods packed before 1 January 1997 until 31 December 1998, provided that the goods are classified, packed and labelled in accordance with the requirements laid down in national provisions in force before 1 January 1997.

8. A Member State may retain the provisions of its national legislation which are in force on 31 December 1996 and relate to the display of an emergency action code in place of the hazard identification number, laid down in the Annex, for national rail transport operations conducted within its territory.

9. Any Member State may, after consulting the Commission, maintain provisions less stringent than those in the Annex for the transport by rail within its territory of small quantities of certain dangerous goods, with the exception of substances having a medium or high level of radioactivity.

10. A Member State may authorize within its territory ad hoc transport operations involving dangerous goods or transport operations which are prohibited by the Annex or transport operations performed under conditions different from those laid down in the Annex.

11. With due regard to Community law, this Directive shall not prejudice the right of a Member State, after consultation with the Commission, to authorize regular transport operations on particular designated routes within its territory, of dangerous goods, forming part of a defined industrial process, which are either prohibited by the Annex or are performed under conditions different from those laid down in the Annex where those operations are of a local nature and are tightly controlled under clearly specified conditions.

12. Provided that there is no loss of safety, a Member State may grant temporary derogations from the Annex for the purpose of carrying out within its territory the trials necessary before the amendment of that Annex in order to adapt them to technological and industrial developments. The Commission shall be informed accordingly and shall in turn inform the other Member States.

Those temporary derogations, agreed among the Member States' competent authorities on the basis of the Annex, shall take the form of a multilateral agreement proposed to all the Member States' competent authorities by the authority that takes the initiative on any agreement. The Commission shall be informed.

The derogations referred to in the first and second subparagraphs shall be applied without discrimination on grounds of the nationality or place of establishment of the consignor, operator or consignee; they may last for up to five years and shall be non-renewable.

13. A Member State may, until 31 December 1998 at the latest, apply existing agreements with other Member States, without discrimination on grounds of the nationality or place of establishment of the consignor, operator or consignee. Any future derogations shall comply with paragraph 12.

14. In accordance with Community law, this Directive shall not affect a Member State's right, after consulting the Commission, to authorize the transport of dangerous goods under conditions less stringent than those laid down in the Annex to this Directive in the case of local transport over short distances within the perimeters of ports, airports or industrial sites.

Article 7

1. Subject to national or Community provisions on market access, the transport of dangerous goods by rail between Community territory and third countries shall be authorized in so far as it complies with the requirements of the RID.

2. This Directive shall not affect a Member State's right, after informing the Commission, to adopt regulations for its territory on the transport of dangerous goods by rail from and to those Republics of the former Soviet Union that are not contracting parties to the COTIF. Such regulations shall apply only to the transport of dangerous goods by rail (in packaging, in bulk or in tanks) by means of railway wagons authorized in a State which is not a contracting party to the COTIF. By means of appropriate measures and obligations the Member States concerned shall guarantee the maintenance of a level of safety equivalent to that provided for in the RID. In the case of certain Member States the provisions referred to in this paragraph shall apply only to tank wagons.

CHAPTER III Final provisions

Article 8

The amendments necessary to adapt the Annex to scientific and technical progress in the fields covered by this Directive, in particular to take account of amendments to the RID, shall be adopted in accordance with the procedure laid down in Article 9.

Article 9

1. The Commission shall be assisted by the committee on the transport of dangerous goods set up by Article 9 of Directive 94/55/EC (7), hereinafter referred to as 'the Committee`, which shall be composed of representatives of the Member States and chaired by a representative of the Commission.

2. The representative of the Commission shall submit to the Committee a draft of the measures to be taken. The Committee shall deliver its opinion on the draft within a time limit which the Chairman may lay down according to the urgency of the matter. The opinion shall be delivered by the majority laid down in Article 148 (2) of the Treaty in the case of decisions which the Council is required to adopt on a proposal from the Commission. The votes of the representatives of the Member States within the Committee shall be weighted in the manner set out in that Article. The Chairman shall not vote.

3. (a) The Commission shall adopt the measures envisaged if they are in accordance with the opinion of the Committee.

(b) If the measures envisaged are not in accordance with the opinion of the Committee, or if no opinion is delivered, the Commission shall, without delay, submit to the Council a proposal relating to the measures to be taken. The Council shall act by a qualified majority.

If, on the expiry of three months from the date of referral to the Council, the Council has not acted, the proposed measures shall be adopted by the Commission.

Article 10

1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive before 1 January 1997. They shall forthwith inform the Commission thereof.

When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasional of their official publication. The methods of making such reference shall be laid down by Member States.

2. Member States shall communicate to the Commission the texts of the provisions of national law which they adopt in the field governed by this Directive.

Article 11

This Directive shall enter into force on the day following that of its publication in the Official Journal of the European Communities.

Article 12

This Directive is addressed to the Member States.

Done at Brussels, 23 July 1996.

For the Council

The President

I. YATES

(1) OJ No C 389, 31. 12. 1994, p. 15, and amended proposal forwarded on 3 October 1995 (not yet published in the Official Journal).

(2) OJ No C 236, 11. 9. 1995, p. 36.

(3) Opinion of the European Parliament of 13 July 1995 (OJ No C 249, 25. 9. 1995, p. 138), Council common position of 8 December 1995 (OJ No C 356. 30. 12. 1995, p. 34) and Decision of the European Parliament of 16 April 1996 (OJ No C 141, 13. 5. 1996, p. 51).

(4) OJ No L 117, 8. 5. 1990, p. 1. Directive amended by Commission Directive 94/51/EC (OJ No L 297, 18. 11. 1994, p. 29).

(5) OJ No L 117, 8. 5. 1990, p. 15. Directive amended by Commission Directive 94/15/EC (OJ No L 103, 23. 4. 1994, p. 20).

(6) OJ No L 374, 31. 12. 1990, p. 1. Directive as last amended by Commission Directive 95/30/EC (OJ No L 155, 6. 7. 1995, p. 41).

(7) OJ No L 319, 12. 12. 1994, p. 7.

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: