establishing the position to be adopted on behalf of the European Union as regards the amendments to the Annexes of the European Agreement concerning the International Carriage of Dangerous Goods by Road (ADR) and to the Annexed Regulations to the European Agreement concerning the International Carriage of Dangerous Goods by Inland Waterways (ADN), adopted by the Working Party on Transport of Dangerous Goods – WP.15 and the ADN Administrative Committee

EXPLANATORY MEMORANDUM

1.SUBJECT MATTER OF THE PROPOSAL

The proposed Council Decision has the objective to establish the position of the European Union with regard to the amendments to the Annexes of the European Agreement concerning the International Carriage of Dangerous Goods by Road (ADR) and to the Annexed Regulations to the European Agreement concerning the International Carriage of Dangerous Goods by Inland Waterways (ADN), as applicable of 1 January 2019, in connection with the envisaged end of the standstill period in which contracting parties members of the Working Party on Transport of Dangerous Goods (WP.15) and of the ADN Administrative Committee can object to the proposed amendments for the 2019 edition.

2.CONTEXT OF THE PROPOSAL

The above mentioned Annexes and Regulations, commonly known as the Annexes to ADR and the Annexed Regulations to ADN, regulate the international transport of dangerous goods by road and by inland waterways, respectively, between members of the United Nations Economic Commission for Europe (UNECE) which are also contracting parties to ADR and ADN. The development of transport of dangerous goods by road and inland waterways, both within the Union and between the Union and neighbouring countries, is a key component of the European common transport policy and ensures the proper functioning of all industrial branches producing or making use of the goods classified as dangerous under ADR and ADN. Adaptation to technical and scientific progress of these agreements is therefore essential to allow for development of transport and associated industrial branches within the economic chain. The amendments aim to align ADR and ADN with the UN Model Regulations, including new definitions, classification criteria and UN numbers, packaging / labelling requirements, update of applicable standards and technical provisions, as well as editorial corrections.

The international provisions relating to the transport of dangerous goods are established in various international organisations, such as the UNECE, the Intergovernmental Organisation for International Carriage by Rail (OTIF) and various specialised bodies of the United Nations. Since the rules need to be compatible with one another, a complex international system for coordination and harmonisation has been developed between the organisations involved in this work. The provisions are adapted following a two-year cycle.

2.1 The European Agreement concerning the International Carriage of Dangerous Goods by Road (ADR)

The European Agreement concerning the International Carriage of Dangerous Goods by Road (ADR) aims to regulate the international transport of dangerous goods by road between the UNECE Member States and other states that apply ADR (ADR contracting parties). The Agreement entered into force on 29 January 1968. The European Union is not a party to the Agreement, although all its Member States are contracting parties to this Agreement.

2.2 The European Agreement concerning the International Carriage of Dangerous Goods by Inland Waterways (ADN)

The European Agreement concerning the International Carriage of Dangerous Goods by Inland Waterways (ADN) aims to regulate the international transport of dangerous goods by inland waterways between the UNECE Member States that apply ADN (ADN contracting parties). The Agreement entered into force on 28 February 2008. The European Union is not a party to the Agreement, although twelve Member States are contracting parties to this Agreement.

2.3 The Working Party on the Transport of Dangerous Goods (WP.15) and the ADN Administrative Committee; decisions adopted and follow up

The Working Party on the Transport of Dangerous Goods (WP.15) and the ADN Administrative Committee and the ADN Safety Committee (WP.15/AC.2) are the bodies set up under UNECE in order to decide on the amendments to ADR and ADN. These bodies are made up by the representatives of the UNECE Member States that apply ADR and ADN. Each ADR and ADN contracting party has a vote.

According to Chapter VII – "Voting" of the Terms of Reference and Rules of Procedure of the Working Party on the Transport of Dangerous Goods (WP.15), only full participants shall have one vote in WP.15, and decisions of that body shall chiefly be taken by consensus. WP.15 votes by show of hands. According to Article 17(7) of ADN, each contracting party represented at the session of the ADN Administrative Committee shall have a vote. The amendments adopted during the bienium 2016-2018 include a wide series of adaptations to technical and scientific progress. Notably, rules for classification of dangerous goods were clarified in both agreements in respect of samples of energetic materials for testing purposes (section 2.1.4.3), classification of articles as articles containing dangerous goods, n.o.s. (section 2.1.5), classification of corrosive substances (section 2.2.8). Several new entries were introduced in the dangerous goods list, starting with UN 3535 TOXIC SOLID, FLAMMABLE, INORGANIC, N.O.S. up to 3548 ARTICLES CONTAINING MISCELLANEOUS DANGEROUS GOODS N.O.S.. New packing instructions were drafted, e.g. a packing instruction P911 for defective cells and batteries (lithium methal batteries, lithium ion batteries when carried individually or contained in equipment). Furthermore, the existing packing provisions in Chapter 3.3 were amended, e.g. the special provision 392 applicable for the carriage of fuel gas containment systems designed to and approved to be fittend in motor vehicles containing gas was amendmed to reflect the development of dedicated standards and regulations, including Regulation (EC) No 79/2009 of the European Parliament and of the Council of 14 January 2009 on type-approval of hydrogen-powered motor vehicles, and amending Directive 2007/46/EC, Commission Regulation (EU) No 406/2010 of 26 April 2010 implementing Regulation (EC) No 79/2009 of the European Parliament and of the Council on type-approval of hydrogen-powered motor vehicles. In terms of mode specific amendments, in ADR, new rules applicable for fastenings were introduced. For ADN, the classification of zones of tank vessels for which explosion protection is required and the clasification of equipment category is introduced, in order to adjust the requirements applicable for such ships with the current requirements of Directive 2014/34/EU.

A large range of public and private sector experts has been consulted during the preparation of these amendments. The following technical meetings have been carried out during the development of these amendments: