TRANSPORT OF DANGEROUS GOODS AND WASTES FINAL REPORT FROM THE COMMISSION
Date: 1987-06-16
Institutions: Directorate-General for Environment, European Commission
Subjects: ADN agreement, ADR agreement, harmonisation of standards, international agreement, international transport, radioactive waste, transport of dangerous goods, transport safety, waste management

COMMISSION OF THE EUROPEAN COMMUNITIES

COM(87 ) 182 final

Brussels , 16 June 1987

TRANSPORT OF DANGEROUS GOODS AND WASTES

FINAL REPORT FROM THE COMMISSION

C0MC87 ) 182 final

COMMUNICATION FROM THE COMMISSION

* ?» THE TRANSPORT OF DANGEROUS GOODS AND VASTES

I. INTRODUCTION

In a debate on 13 September 1984 the European Parliament adopted two
resolutions on the environment and in particular the accident
involving the Cargo-ship Mont Louis , requesting the Commission and
the Member States to take certain actions relating to the transport

of dangerous and radioactive substances and wastes .

The Commission has examined the complicated network of laws ,
conventions , regulations , agreements , codes and recommendations
controlling the transport of dangerous materials , and developed the
recommendations for action at Community level contained in this
communication . The detailed report of the Commission 's working group

will be made available separately .

The Commission 's recommendations are intended to contribute to the

rationalisation of the regulations governing the transport of
dangerous goods by consistent implementation of the requirements of
international agreements at Community level . Such action will help
to reduce the risks to man and the environment resulting from the
transport of dangerous materials and will assist the aim of
completing the internal Community market by 1992 .

2 . INTERNATIONAL CONVENTIONS AND AGREEMENTS

Many international conventions and agreements affect the transport
of dangerous materials ; there are agreements specifically concerned
with the transport of dangerous goods and other , more general ,
agreements concerned with the safety of transport which also affect
vehicles carrying dangerous materials . In general these agreements
apply only to international transport .

- 2 -

U

UN Recommendations

The United Nations Committee of Experts on the Transport of
Dangerous Goods has published detailed recommendations which cover ,
amongst other things , the classification of dangerous substances , a
list of the principal dangerous goods , general packing requirements ,
testing procedures , marking , labelling or placarding and shipping
documents . These recommendations are relevant to all modes of

transport and they have been incorporated into many of the
international agreements on the transport of dangerous goods .

Sea transport
Sea transport , with the exception of coastal shipping , is
international and there are many international agreements governing
all aspects of shipping , safety and pollution prevention , usually
agreed under the auspices of the International Maritime Organisation
( IMO ). The most important from the aspect of the transport of
dangerous goods are SOLAS 74 / 78 ( Safety of Life at Sea ) and MARPOL
73 / 78 ( Prevention of Pollution ). The international agreements on sea
transport are accompanied by detailed Codes of Safe Practice -
including the International Maritime Dangerous Goods Code . The IMDG
Code gives detailed guidance on the transport of dangerous goods by
sea , but does not at present cover hazards to the marine
environment .

Road , Rail and Inland Waterway
Road transport of dangerous goods in Europe is covered by the ADR
Agreement under the supervision of the Inland Transport Committee of
the UN Economic Commission for Europe ( ECE ). The international
regulations concerning the carriage of dangerous goods by rail ( RID )
are included in Annex 1 of the International Convention concerning
the international carriage of goods by rail ( COTIF ), administered by
the Central Office of International Rail Transport ( OCTI ). Transport
of dangerous goods on inland waterways connected to the Rhine
network is covered by the ADNR agreement administered by the Central
Rhine Commission . Some other European waterways also apply the ADNR
agreement as the ADN agreement administered by ECE is not yet in
force .

- 3 -

5

Air transport

Together with other members of the International Civil Aviation
Authority ( ICAO ) EC Member States apply the standards set out in
Annex XVIII of the Convention on International Civil Aviation ( the

Chicago Convention ) to transport of dangerous goods by air .

Waste

Waste materials are not included as a separate category in most

international agreements on the transport of dangerous goods ,
although large quantities of wastes are transported to disposal
sites outside the country of their origin . Most wastes can be fitted
into one of the classes of dangerous goods , but there are
difficulties in classifying wastes of mixed or variable composition .
There is a need for an agreed classification system for wastes .

Radioactive materials

Radioactive materials are a special class of dangerous material and
regulations for their transport have been developed by the
International Atomic Energy Agency ( IAEA ). All the international
organisations concerned with the transport of dangerous goods have
adopted the IAEA regulations and incorporated them into the
appropriate international agreements , but not all the agreements
have yet been revised to conform with the latest edition of the IAEA
regulations adopted in 1985 . The Commission contributes to the
continuing development of the IAEA regulations and promotes the
uniform application of their requirements throughout the Community .

3 . NATIONAL LEGISLATION IN HEHBER STATES OF THE COMHUNITV

International transport
The international agreements described in the previous section are
implemented by means of national legislation in each participating
country . The majority of the international agreements
adopted and implemented by the EC Member States with a few
exceptions . The agreements covering the transport of dangerous goods
by road , rail and air have been implemented by all the Member
States , except Greece and Ireland which have not yet ratified the

have been

ADR agreement .

In the case of transport by sea , the major conventions affecting the
transport of dangerous goods ( SOLAS and MARPOL) have been ratified
by most Member States , but have not yet been fully implemented .

National transport .
National regulations on the internal transport of dangerous
materials by road , rail and inland waterway vary considerably
between the Member States of the Community . Several countries have
regulations which are modelled on the international agreements and
are largely compatible with them, but there are many small
differences introduced to meet the requirements of particular
countries . In other countries the regulations for internal transport
are not based on those for international transport and one Member
State has no national legislation for road transport of dangerous
goods .

4 . COMMUNITY POLICY ON THE TRANSPORT OF DANGEROUS GOOOS

Policy objectives
Accidents involving vehicles carrying dangerous goods can have
potentially disastrous consequences and , even though the number of
major accidents is small , there is understandable public concern
about the risks involved in transporting dangerous materials . The
aim of the Community policy should be to ensure that such goods are
carried safely and economically , and that the risk to people and the
environment is minimised .

Within the Community this objective can best be achieved by greater
harmonisation and more effective enforcement of the regulations
applying to national and international transport , and by preventing
barriers to the movement of dangerous goods , subject to agreed
controls .

International transport
The international agreements on the transport of dangerous materials

are extremely complex documents which have taken many years to
develop and it would clearly be pointless for the Commission to
attempt to duplicate the work of the international organisations

5

responsible for them . The role of the Commission is to ensure that
the international agreements are uniformly applied by the Member
States of the Community .

The Commission will also attempt to achieve a more systematic and
structured coordination of Member States' positions within the
international organisations and will encourage these organisations
to take further steps towards a unified system of regulations for
all transport of dangerous materials .

A number of actions have been taken at Community level concerning
sea transport of dangerous goods , including the establishment of an
information system for the control and reduction of pollution caused
by spillages of hydrocarbons and other harmful substances at sea . It
is proposed that a mandatory notification system for ships carrying
dangerous goods and a reporting system for incidents involving
packaged goods should also be introduced .

The Commission is also sponsoring a study of an improved Vessel
Traffic Services ( VTS ) network to reduce the risks of collision at

sea , including the identification of ships carrying dangerous goods

( COST 301 ).

National transport
There is no comprehensive Community instrument concerning the
transport of dangerous goods and Community transport operators may
have to comply with different regulations for national and
international journeys . The long-term objective should be to achieve
the freedom to provide services for the carriage of dangerous goods ,
and their circulation in the Community , subject to harmonized
controls . The Commission takes the view that the rules applying to
the internal transport of dangerous goods should be based on the
same principles as the international agreements .^It will accordingly
make proposals for this purpose .

Studies of the transport of dangerous goods by road have found low
levels of compliance with existing regulations and priority in
Community action should therefore be given to improved training of
drivers and managers , and better enforcement of existing rules .

- 6 -

ί

Wastes

The Community directives concerning wastes contain certain
provisions on transport and make reference to the international
transport conventions to which Member States are party . It is
therefore important that all Member States should apply the
international conventions in order to achieve uniformity .

Classification and labelling
There is a large degree of harmonization in the requirements for the
classification , packaging and labelling of dangerous goods for
transport by different modes , but the Community requirements for the
classification and labelling of dangerous substances for marketing
differ significantly from the transport requirements . This can lead
to multiple labelling of the same product .

5 . RECOMMENDATIONS FOR SPECIFIC ACTIONS BY THE COMMUNITY

The Commission intends to make proposals to the Council on the
following matters to achieve the objectives of greater harmonization
and more effective enforcement of the rules governing the transport
of dangerous goods in the Community :

i )

a Community instrument requiring Member States to implement the
provisions of relevant international agreements

on the

transport of dangerous goods by sea ;

ii )

a Directive on a mandatory notification system for ships
carrying dangerous goods and a reporting system for incidents
involving packaged goods ;

iii ) a Directive requiring Member States to accept road vehicles

conforming to ADR for international transport of dangerous

goods or wastes ;

iv )

a Directive on the training of drivers of road vehicles
carrying dangerous goods or wastes ;

v )

a Directive on the training of road transport managers
concerned with the transport of dangerous goods or wastes ;

vi )

a Directive on the enforcement of régulations on the transport
of dangerous goods and wastes by road .

Drafts of these instruments are in preparation by the Commission .

The Commission will also study the following further measures :

vii ) The Commission intends to study how to harmonise Community
classification and labelting requirements with those of thè
international transport agreements .

viii ) The Commission will continue to support the work of the

international organisations to develop an agreed classification
system for wastes .

ix )

A study is being made of providing VTS ( Vessel Traffic Service )
systems with additional information on vessels carrying
dangerous goods .

- 2 -

TRANSPORT OF DANGEROUS GOODS AND WASTES

FINAL REPORT OF THE INTERSERVICE GROUP

1 . INTRODUCTION

2 . INTERNATIONAL CONVENTIONS AND AGREEMENTS - SEA TRANSPORT

2.1 . Conventions and agreements

2.2 . Codes and recommendations

2.3 . EC instruments

2.4 . Other instruments

2.5 . Short sea crossings
2.6 . Transport of waste materials

3 . INTERNATIONAL CONVENTIONS AND AGREEMENTS - INLAND AND AIR TRANSPORT

3.1 . Road transport
3.2 . Rail transport

3.3 . Inland waterway transport
3.4 . Air transport
3.5 . Transport of waste materials

4 . TRANSPORT OF RADIOACTIVE MATERIALS AND WASTES

4.1 . IAEA regulations for the safe transport of radioactive

materials

4.2 . Implémentation of IAEA régulations

5 . NATIONAL LEGISLATION ON THE TRANSPORT OF DANGEROUS GOODS

5.1 . Denmark

5.2 . Belgium
5.3 . France

5.4 . Ireland

5.5 . Luxembourg
5.6 . Netherlands
5.7 . Fédéral Republic of Germany
5.8 . United Kingdom
5.9 . Greece

5 . 10 . Italy
5.11 . Spain
5 . 12 . Portugal

6 . CURRENT REGULATORY PROBLEMS

3

6.1 . Sea transport
6.2 . Inland transport
6.3 . Différences in classification

6.4 . Différences in labelling and packaging
6.5 . Différences in hazard action codes
6.6 . Différences in ségrégation requirements
6.7 . Spécifie problems for waste

7 . CURRENT INTERNATIONAL INITIATIVES

7.1 . Sea transport
7.2 . Inland transport
7.3 . Radioactive materials

7.4 . Hazardous wastes

8 . CONCLUSIONS AND RECOMMENDATIONS

8.1 . Sea transport
8.2 . Inland transport
8.3 . Harmonisation of classification and labelling

ANNEXES

I.

EUROPEAN PARLIAMENT RESOLUTION ON THE ENVIRONMENT AND IN

PARTICULAR THE ACCIDENT INVOLVING THE MONT LOUIS

II .

EUROPEAN PARLIAMENT RESOLUTION ON ENVIRONMENTAL ISSUES OF

CURRENT RELEVANCE

- TRANSPORT OF RADIOACTIVE SUBSTANCES ,

DIOXIN RESIDUES IN WASTE INCINERATION PLANTS , FORMALDEHYDE

III .

VIEWPOINT OF SPECIAL CEE PERMANENT WORKING PARTY ON THE

l

I

TRANSPORT OF RADIOACTIVE MATERIALS

CONVERSION BETWEEN CLASSIFICATION SYSTEMS

DANGER LABELS - DIRECTIVE 67 / 548 / EEC

ADR DANGER LABELS

IV .

V.

VI .

VII .

IMDG DANGER LABELS

- 4 -

I. INTRODUCTION

The European Parliament in an emergency debate on 13 September 1984
adopted two resolutions on the environment and in particular the
accident involving the Mont Louis .

The resolutions , which are presented in annexes I and II to this
report , request the Commission and the Member States to take certain
actions relating to the transport of dangerous and radioactive
substances and waste .

The Commission consequently convened two groups entrusted with the
analysis of the resolutions and with the drafting of
recommendations .

An Interservice Group of the Commission has made an investigation
into the existing regulations at international and national level on
the transport of dangerous goods and wastes , in order to discover
the gaps and problems which could give rise to Commission proposals
as asked for by the Parliament .

In addition, the special CEC permanent working party for the
transport of radioactive materials was convened on 17 October 1984
to examine the technical , radiological and regulatory aspects of
transporting uranium hexafluoride .

• The inventory in the following four chapters of this report shows a
complicated network of laws , conventions , regulations , agreements ,
codes and recommendations controlling the transport of dangerous
materials in which national and international organisations
supported by highly qualified experts are constantly working on
amendments to improve safety .

Chapters 6 and 7 describe current regulatory problems and gaps and
the ongoing initiatives in the international bodies to solve these
problems . The last part of the report ( chapter 8 ) sets out
conclusions and recommendations for possible Community actions . The

- 5 -

Community actions recommended are intended to contribute to the
rationalisation of the regulations governing the transport of
dangerous goods by greater harmonisation of the requirements of
international agreements and consistent implementation of these
agreements at Community level . Such action will help to reduce the
risks to man and the environment resulting from the transport of
dangerous materials and will assist the aim of completing the

* internal Community market by 1992 .

The report is principally concerned with the regulatory aspects of
transporting dangerous materials and it does not address the legal
question of liability and compensation for damage or injury
resulting from accidents involving dangerous materials . Aspects of
this question has been considered by several other organisations
including the IMO Legal Committee which made a proposal for a draft
convention in 1984, the International Institute for the Unification
of Private Law ( UNIDROIT) , and OECD . The European Foundation for the
Improvement of Living and Working Conditions has recently sponsored
a major study of the transport of non-nuclear dangerous goods and
wastes , including the legal aspects , which is being studied by the
Commission .

2 . INTERNATIONAL CONVENTIONS AND AGREEMENTS - SEA TRANSPORT

There are a large number of international conventions and agreements
governing the transport of goods by sea made under the auspices of
the United Nations (UN ), principally by the International Maritime
Organisation ( IMO ). The provisions, of these agreements affecting the
transport of dangerous goods are summarised in this section of the
report . The information on contracting Member States was correct at
the time of writing the report .

2.1 . INTERNATIONAL CONVENTIONS AND AGREEMENTS

HS-Convention : Convention on the High Seas , 1958
Entry into force : 1962 - number of contracting states : 56, EC
Member States except France,' Italy, Ireland , Greece

- 6 -

The convention deals with the rights and duties of states on the
High Seas . The term "High Seas" means all parts of the sea that are
not included in the Territorial Sea or in the Internal Waters of a

state .
There are only two régulations on the protection of the marine
environment : Art . 24 requires every State to draw up régulations to
prevent pollution of the seas by the discharge of oi l from ships ,
pipelines , etc. ; Art . 25 requires States to take action to prevent
pollution of the sea by radioactive wastes , or other radioactive or
noxious materials .

Hazards for the marine environment caused by the transport of
dangerous cargo other than oil are not dealt with .

TS-Convention : Convention on the Territorial Sea and the Contiguous
Zone , 1958 ( not in force )
Though the convention is not in force , it codifies the custom in
international law in respect of the right of innocent passage .
Subject to the provisions of the convention, ships of all states
shall enjoy the right of innocent passage through the territorial
sea . Passage is innocent as long as it is not prejudicial to the
peace , good order or security of the coastal state . Foreign ships
exercising the right of innocent passage shall comply with the laws
and regulations enacted by the coastal state , in conformity, in
particular , with international laws and regulations relating to
transport and navigation . The coastal state may take the necessary
steps in its territorial sea to prevent passage which is not
innocent . Furthermore , the TS-Convention contains regulations on the
determination of the base-line from which the territorial sea is

established .

LOS-Convention : United Nations Convention on the Law of the Sea ,
1982

Concluded in 1982 and signed at Montego Bay, Jamaica , April 1983 .
The Convention will corne into force 12 months after the deposit of
the 60th instrument of ratification or accession .

- 7 -

The LOS-Convention deals with the entire International Law of the
Sea in 320 articles subdivided in 16 parts and in nine annexes . The
protection and preservation of the marine environment is settled in
great detail in Part XII Art . 192-237 .

Régulations from this part most important for shipping are :
Article 211 ( pollution from vessels )
Article 217 ( enforcement by flag States )
Article 218 ( enforcement by port States )
Article 219 ( measures relating to seaworthiness of vessels to avoid

pollution )

Article 220 ( enforcement by Coastal States ).

According to Article 211 ( 1 ), states acting through the competent
international organization or general diplomatic conference , shall
establish international rules and standards to prevent , reduce and
control pollution of the marine environment from vessels and promote
the adoption of routeing systems designed to minimize the threat of
accidents which might cause pollution of the marine environment .
Coastal states may, for their territorial sea , adopt laws and
regulations for the prevention , reduction and control of marine
pollution from foreign vessels , including foreign vessels exercising
the right of innocent passage . But according to Article 19 ( 2 ) the
passage is no longer regarded as peaceful if the foreign ship
engages in any act of willful and serious pollution contrary to this
convention . Even outside the territorial sea , the coastal states ,
for the purpose of enforcement , may in respect of their Exclusive
Economic Zone , adopt laws and regulations for the prevention ,
reduction and control of pollution conforming to and giving effect
to generally accepted international rules and standards .

International Convention for the Safety of Life at Sea ( SOLAS 74 /78 )
The Convention was elaborated within IMO in 1974 and the Protocol in
1978; it entered into force in 80/81 and has been ratified by all
maritime EC Member States .

Chapter VII deals exclusively with the carriage of dangerous goods .
Regulation 1 of Chapter VII prohibits the carriage of dangerous
goods by sea except when they are carried in accordance with the
provisions of the SOLAS Convention and requires each Contracting
Government to issue detailed instructions on safe packing and
storage of dangerous goods . Regulation 2 divides dangerous goods
into nine classes . Other regulations deal with the packing ,
identification, marking, labelling and placarding of dangerous
goods , the documents which are to be provided, storage requirements ,
and the carriage of explosives on board passengers ships . IMO has
recommended that Chapter VII of SOLAS should be implemented by means
of the IMDG Code ( section 2.2 .).

International Convention for the Prévention of Pollution from Ships

( MARPOL 73 / 78 )

The Convention was elaborated within IMO in 1973 and the Protocol in
1978; it entered into force in 1983 and has been ratified by all
maritime Member States except Ireland .

Annex I of MARPOL deals with pollution by oil .
Annex II to the Convention contains general requirements relating to
the prevention of pollution by noxious liquid substances carried by
sea in bulk and is scheduled to enter into force in April 1987 .

Optional annex III contains general requirements relating to the
prevention of pollution by harmful substances carried by sea in
packaged form or in freight containers , portable tanks or road and
rail tank wagons .
This annex has been ratified by Denmark , France , Germany, Italy,
Greece and the United Kingdom . To supplement the basic requirements
of Annex III , contracting governments are required to issue detailed

- 9 -

requi rements on packing , marking , LabelLing and placarding ,
documentation , storage , quantity Limitations , exceptions and
notifications by the master or owner of the ship or his
représentative of the intent to load or unload harmful substances .

Protocol I deals with provisions concerning reports of incidents
involving harmful substances . The revised Protocol as adopted on 5
December 1985 should enter into force on 6 April 1987 . It stipulates
the duty of the master of a ship involved in an incident which may
cause a discharge of oil or noxious liquid substances carried in
bulk or of harmful substances in packaged form, to make without
delay a report to the nearest coastal state . The revised Protocol
will cover the transport in packages of substances listed in the
IMDG Code as marine pollutants .

Convention on the International Régulations for preventing

collisions at sea ( COLREG 72 )
Elaborated within IMO in 1972 and amended in 1981 ; entered into
force in 1977 ( amendments in 1983 ); ratified by all maritime EC
Member States .

The Convention contains sections dealing with steering and sailing ;
lights , shapes of navigation marks and sound and light signals .
There are also four annexes containing technical information about
lights and marks and their positioning ; sound signal appliances ; and
a list of recognised international distress signals . Article 10
deals with the navigation of ships in IMO approved traffic
separation schemes .

International Convention on Load Lines ( LL 66 )

Elaborated within IMO in 1966 and amended in 1971 , 1975 , 1979, 1983 .
Entered into force in 1968 and has been ratified by all maritime
Member States .

( The amendments have not yet come into force ).

10 -

objective

of the Convention is determination of

The main
freeboards : limitation on the draught to which a ship may be
loaded . The technical annex contains several additional safety
measures concerning doors , freeing ports , hatchways and other items .

International Convention relating to intervention on the high seas
in case of oi l pollution casualties ( Intervention 69 )
Elaborated within IMO in 1969; entered into force in 1975 and
ratified by all maritime Member States except Greece .

This Convention affirms the right of a coastal State to take such
measures on the high seas as may be necessary to prevent , mitigate
or eliminate danger to its coastline or related interests from
pollution by oil or the threat thereof, following upon a maritime
casualty . The coastal State is , however, empowered to take only such
action as is necessary, and after due consultations with appropriate
interests including, in particular, the flag State or States of the
ship or ships involved, the owners of the ships or cargoes in
question and, where circumstances permit , independent experts
appointed for this purpose .

Protocol of 1973 : entered into force in 1983 and has been ratified

by Belgium, Denmark , Italy, Netherlands , France , Germany and the
United Kingdom . It extends the regime of the 1969 Intervention
Convention to substances other than oil .

International Convention on standards of training certification and
watchkeeping for seafarers ( STCW /78 )
Elaborated within IMO in 1978 and entered into force in 1984, has
been ratified by all maritime Member States .

Of importance are resolutions 11 and 13 of the International
Conférence on Training and Certification of Seafarers , 1978, which
invite IMO to consider provisions concerning the handling of
hazardous or noxious dry Chemicals in bulk and the training of

- 11

officers and ratings of ships carrying dangerous and hazardous
cargoes other than in bulk . An IMO Resolution to this effect was
adopted in 1983 .

Agreement for coopération in dealing with pollution of the North Sea
by oi l and other harmful substances ( Bonn Agreement )
This agreement was signed by the coastal States of the North Sea and
by the Community on 13 September 1983 . It strengthens co-operation
and mutual assistance in combating pollution by oil and other
dangerous substances .

Protocol to the Barcelona Convention concerning cooperation in
combating pollution of the Mediterranean Sea by oil and other
harmful substances in cases of emergency
This Protocol , signed in Barcelona on 16 February 1976, was
concluded by the Community on 12 August 1981 , with France , Greece
and Italy as Contracting Parties .

It provides for the Parties to cooperate in drawing up emergency
plans , promoting methods of controlling marine pollution by
hydrocarbons , disseminating information on the organization of
resources and on new methods to prevent and control pollution and
developing relevant research programmes .

Convention on the protection of the marine environment of the Baltic

Sea Area ( Helsinki Convention )

This Convention was signed in 1974 by the coastal states of the
Baltic Sea .
Convention in 1977 , but it was opposed by a non-member state .

An attempt was made by the Community to adhere to the

The Convention provides , inter alia , for the Contracting Parties to
take measures and co-operate in order to maintain a capability to
combat spillages of oil and other harmful substances on the sea .

- 12 -

2.2 . CODES AND RECOMMENDATIONS

United Nations Recommendations

The United Nations Committee of Experts on the Transport of
Dangerous Goods has published detailed recommendations which cover ,
amongst other things , the classification of dangerous substances , a
list of the principal dangerous goods , general packing requirements ,
testing procedures , marking , labelling or placarding and shipping
documents . These recommendations have been incorporated into many of
the international agreements on the transport of dangerous goods and
the UN number of the principle dangerous goods is widely used to
identify dangerous substances . The UN Recommendations are relevant
to all modes of transport and they aim at presenting a basic scheme
of provisions that will allow national and international regulations
governing the various modes of transport to develop within it in a
uniform fashion .

International Maritime Dangerous Goods ( IMDG ) Code
The IMDG Code has been adopted by ail maritime EC Member States .

The IMDG Code only applies to ships covered by the SOLAS Convention,
but IMO considers it highly desirable that its requirements should
be observed by all ships . The legal system of each country
determines whether the Code becomes mandatory or is applied as a
recommendation . Application of the Code as a recommendation does not
detract in any way from the obligations imposed by the SOLAS
Convention, but provides a greater flexibility in the method of
observance .

The first part of the Code consists of a General Introduction,
describing required marking, identification and consignment
procedures , labelling and placarding , documentation and packing of
dangerous goods . The General Introduction includes sections
containing special requirements for freight containers , portable
tanks and road tank vehicles , storage and segregation , fire
prevention and fire fighting . The final sections deal with the
carriage of dangerous goods on roll -on/roll -off ships , in limited

- 13 -

quantities , in shipborne barges on barge-carrying ships , the
Chemical stability of dangerous substances and requirements for
transport under controlled températures .

The Code details nine classes of dangerous goods and Annex I to the
General Introduction gives packing recommendations and a glossary of
packaging with illustrations .

The General Index of the IMDG Code
All substances and articles which appear in the IMDG Code are listed
in the General Index which gives the product 's UN number ; its
Emergency Schedule number ( EmS . No .); Medical First Aid Guide Table
number ( MFAG Table No .); and the IMDG Code-Page number of the
individual schedule . By looking up the substance or article in the
General Index it is a simple matter to ascertain the appropriate
Emergency Schedules or Medical First Aid Guide Table .

These are contained in the IMO '

Emergency procedures for Ships Carrying Dangerous Goods ( Emergency
Schedules - EmS ) .
IMO has prepared group emergency schedules for ail substances and
articles covered by the IMDG Code .
Emergency Procedures for Ships Carrying Dangerous Goods , a
supplément to the IMD6 Code .
These procedures were published in 1981 and contain information
designed to protect the ship as well as those on board .
The Emergency Schedules divide the various substances and articles
contained in each IMDG Code class into groups and advise on any
special emergency equipment which should be carried ; they also
include the emergency procedures which should be followed and the
emergency action to be taken in case of spillage or fire .

a

The Code of Safe Practice for Solid Bulk Cargoes ( BC Code )
The BC Code was adopted in 1965 and has been revised four times
since ; it is applied by Belgium, Denmark , Germany, Ireland,
Netherlands and the United Kingdom .

14 -

The primary aim of the Code is to promote safe stowage and shipment
by :

- highlighting the dangers associated with the shipment of certain

types of bulk cargoes ;

- giving guidance on the procedures to be adopted when the shipment

of such bulk is contemplated ;

- listing typical materials currently shipped in bulk / together with

advice on their properties and handling ; and

- describing test procedures to be employed to détermine various

characteristics of the bulk cargo materials .

*

The practices contained in the BC Code are intended as
recommendations to governments / ship operators and masters / and
include internationally accepted methods of dealing with the hazards
which may be encountered when carrying a cargo in bulk .

The BC Code deals with three basic types of cargo :
- those cargoes which may liquify ( Appendix A);
- materials possessing Chemical hazards ( Appendix B ); and
- other materials not falling within these two categories ( Appendix

C ).

International Code for the Construction ahd Equipment of Ships
Carrying Dangerous Chemicals in Bulk ( IBC Code )
This Code will apply to chemical tankers constructed on or after the
entry into force of the 1983 Amendments to the 1974 SOLAS
Convention/ which has been set for. 1 July 1986 .
Chemical tankers
constructed before 1 July 1986 should comply with the requirements
of the Code for the Construction and Equipment of Ships Carrying
Dangerous Chemicals in Bulk / resolution A.212(VII )
appropriate and as amended .

( BCH Code )/ as .

The BCH Code applies to existing bulk chemical carriers and will
become mandatory upon the entry into force of Annex II to MARPOL
73 / 78 / presently scheduled for April 1987 .

This code has been

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incorporated in the Belgian , Dutch and Italian legislation , and used
on a voluntary basis by Germany , Denmark , the United Kingdom and

France .

The IBC Code is a companion document to the BCH Code - the purpose
of each of these Codes is to provide an international standard for
the safe transport by sea in bulk of liquid dangerous chemicals by
prescribing the design and construction standards of ships
regardless of tonnage involved in such carriage and the equipment
they should carry so as to minimize the risk to the ship , its crew
and to the environment , having regard to the nature of the products

involved .

The Codes primarily deal with ship design and equipment .
Other important facets of the safe transport of the products , such
as training , operation , traffic control and handling in port , are
being or will be examined further by IMO .

International Code for the Construction and Equipment of Ships
Carrying Liquefied Gases in Bulk ( IGC Code )
This Code will apply to gas carriers constructed on or after the
entry into force of the 1983 Amendments to the 1974 SOLAS
Convention , which has been set for 1 July 1986 . Gas carriers
constructed before this should comply with the requirements of the
Code for the Construction and Equipment of Ships Carrying Liquefied
Gases in Bulk , resolution A.328(IX ) or the Code for Existing Ships
Carrying Liquefied Gases in Bulk , resolution A.329CIX ), as
appropriate and as amended .

The Code has been in force since 1971 ; Resolution A.328(IX ) has been
implemented by Belgium and the Netherlands , and used on voluntary
basis by Germany , Denmark , France and the United Kingdom . A.329(IX )
is only used on a voluntary basis by France , Germany, Netherlands
and the United Kingdom ,,

à

- 16 -

2.3 . EC INSTRUMENTS

1

Council Recommendation of 26 June 1978 on the ratification of
conventions on safety in shipping
Recommends that Member States which have not already done so should
sign and ratify the international conventions concerning the safety
of maritime transport , in particular SOLAS , MARPOL, ILO Convention
N° 147 concerning minimum standards in merchant ships, and the
protocols to these conventions .

( 78 / 584 / EEC )

Council Directive of 21 December 1978 concerning minimum
requirements for certain tankers entering or leaving Community
ports2 (79/116/ EEC)
This directive requires Member States to take all necessary and
appropriate measures to ensure that oil , gas and chemical tankers of
1600 grt and over - whether fully or partly laden - and including
those empty but not yet degassed or purged of hazardous residues ,
entering or leaving the seaports of their territory shall be
required to comply with certain minimum requirements on safety of
navigation .

Council Directive of 21 December 1978 concerning pilotage of vessels
by deep-sea pilots in the North Sea and English Channel^
( 79 / 115 / EEC )

This directive prescribes that vessels wishing to use the services
of pilots in the North Sea and the English Channel can call on
adequately qualified deep-sea pilots and promotes the employment of
such pilots in vessels flying the flags of Member States .

0J N° L 194 of 19.7.1978

OJ N° L 33 of 8.2.1979

0J N° L 33 of 8.2.1979

<

- 17 -

Council Decision of 13 December 1982 , instituting a research
programme know as COST 301 4 (82/887/EEC)
The main objective of COST 301 is to consider the need for and, if
appropriate , to propose means to improve the safety of navigation in
European waters through an integrated network of shore-based
centres .
Services or VTS ) would be , through better organisation and
management of traffic flow , to reduce risks of collision, stranding
and ramming , and therefore enhance safety at sea and prevent
pollution of seas and Coastal areas .
relevant objectives contained in the final déclaration of the
International Conférence on the Protection of the North Sea ( 1984 )

The purpose of these centres , Cknow as Vessel Traffic

In the Commisson's view the

should be taken into account in this context and in particular the
development and introduction of a System of notification for
spécifie ships categories should be examined . Finland , Sweden ,
Norway and Spain joined the project in 1983 by signing an agreement
of cooperation .
The results and s conclusion of the project will be made available to
national administrations , international organisations ( IMO, IALA,
EMPA , etc .) and maritime users in April 1987 .

Council Resolution of 26 June 1978 setting up an action programme of
the European Communities on the control and reduction of pollution
caused by hydrocarbons discharged at sea 3
This programme gave a mandate to the Commission to undertake studies
and to make proposals for action in various fields such as :
consultation , contingency planning , the impact of hydrocarbons on
marine flora and fauna , etc .

4 0J N° L 378 of 31.12.1982

5 0J N° C 162 of 8.7.1978

- 18 -

Council Decision of 6 March 1986 establishing a Community
Information System for the control and reduction of pollution caused
by the spi liage of hydrocarbons and other harmful substances at sea^
( 86 / 85 / EEC )
This decision replaces the Council decision of 3 December 1981 ,
which established the " Hydrocarbon" Information System, and provides
for its extension to other harmful substances .
The main purpose of the Information System is to make available to
the competent authorities of the Member States the data required for
the control and reduction of pollution caused by the spillage of
hydrocarbons and other harmful substances at sea in large
quantities .

2.4 . OTHER INSTRUMENTS .

Port State Control . A Memorandum of Understanding laying down
certain rules for the control of ships in European ports was signed
in January 1982 by the maritime authorities of 14 European States
( EEC ( except Luxembourg ), Norway, Sweden , Spain , Portugal , Finland )
It
in order to eliminate sub-standard ships from European waters .
came into effect on 1 July 1982 .
The authorities will maintain an effective system of Port State
Control with a view to ensuring that foreign ships visiting their
ports comply with the standards laid down in the relevant
international Conventions ( such as SOLAS and MARPOL etc .).

In selecting ships for inspection, the authorities will pay spécial
attention to ships which may présent a spécial hazard, for instance
oil tankers and gas and Chemical carriers .

6 OJ N° L 77 of 22.3.1986

19 -

2.5 . SHORT-SEA CROSSINGS

Baltic agreement
The Baltic agreement ( Memorandum of Understanding for the transport
of dangerous goods in Roll-on Roll-off ferries on the Baltic )
contains special supplementary rules for road transport concerning
segregation of different goods and stowage in vehicles .
Vehicles which comply with the ADR (paragraph 3.1 .) agreement and
the Baltic agreement are exempt from IMO rules during a short-sea
crossing in the Baltic .
The Members of the Baltic agreement are Denmark / the Federal
Republic of Germany/ Norway/ Sweden and Finland .

Sea crossings to the U. K.
The différences between sea and land régulations for the transport
of dangerous goods are causing difficultés for international
transport to the United Kingdom .
The joint meeting of ADR / RID ( paragraph 3.1 . and 3.2 ) has tried for
many years to set up Special Appendices for short-sea crossing on
the same basis as the Baltic Agreement but the IMO considers that
only very short-sea crossing or sheltered areas like the Baltic
deserve to be exempted from the sea regulations .
Discussions about
the contents of these Special Appendices to ADR and RID are taking
place in IMO .
Until agreement has been reached about these Special Appendices /
road transport has to meet the IMO rules when crossing to the U.K.
Railway transport to the U.K. is governed by more flexible rules
than those of IMO .
This is a temporary solution which was necessary because of a change
in the legal status of the international railway convention in the

These are set out in an operational manual .

U. K.

Mediterranean Sea

There is no specific international regulation for short-sea
crossings in the Mediterranean and IMO rules are applied to

international trade .

f

- 20 -

2.6 . TRANSPORT OF WASTE MATERIALS

The disposal of waste ( including nuclear waste ) at sea is governed
by international and regional conventions, including the London
Dumping Convention of 1972 and the Helsinki , Oslo and Barcelona
Regional Conventions . These Conventions are not specifically
concerned with transport of waste materials , but they put
restrictions on the substances which may be disposed of at sea .

IMO resolution A 582 concerning guidelines for the construction and
equipment of ships carrying hazardous liquid wastes in bulk for the
purpose of dumping at sea was adopted on 20 November 1985 .
These guidelines cover various fields such as :

- ship arrangements ,
- cargo containment ,
- cargo transfer ,
- personnel protection ,
- opérât ional requi rements .

They are designed for use not only on new ships , but , as far as
reasonable and practicable , existing ones as well .
Member Governments are recommended to put them into effect as soon
as possible .

3u INTERNATIONAL CONVENTIONS AND AGREEMENTS - INLAND AND AIR

TRANSPORT .

The agreements and conventions governing the international transport
of dangerous goods by road, rail , inland waterway and air transport
are described in this section of the report .

21 -

3.1 . ROAD TRANSPORT

The European Agreement concerning International Carriage of
Dangerous Goods by Road ( ADR ) is an international agreement
administered through the Inland Transport Committee of the United
Nations Economic Commission for Europe ( ECE ).

The ADR consists of three sections :

1 . the agreement and protocol of signature ;
2 . Annex A. A list of substances allowed to be carried and the

requirements for labelling and packaging of the materials ;

3 . Annex B. Operational requirements for carriage by road,
requirements for the transport vehicles and general
requirements for drivers and their training .

The purpose of the ADR agreement is to ensure that dangerous goods
and wastes travelling through more than one country by road are
carried under suitable conditions . If they meet the regulations and
prescriptions of the ADR they are exempt from the national
legislation in force of those countries . According to marginals 2010
and 10602 of the ADR , the Contracting Parties may agree directly
among themselves to authorise bilateral derogations from the
provisions of the ADR in order to adapt them to technological and
These
industrial developments before they are officially amended .
derogations have to be notified to the competent U.N. services .
At this moment there are about 1400 of these bilateral agreements
registered .
There are no specific provisions in ADR for enforcement , other than
that a vehicle not complying with the requirements of the ADR has to
meet the national requirements and regulations .
As of the date of writing this report the ADR agreement had not yet
been adopted by two Member States : Ireland and Greece .

- 22 -

3.2 . RAIL TRANSPORT

The international regulations concerning the carriage of dangerous
goods by rail ( RID ) are included in Annex 1 of the International
Convention concerning the Carriage of Goods by Rail ( CIM)
established in 1890 .
The convention is administered by the Central
Office of International rail Transport ( OCTI ) in Berne , Switzerland .
OCTI is not associated with the United Nations , but RID and ADR
bodies conduct joint meetings frequently, to maintain harmony
between the conventions governing road and rail transport of
dangerous goods in Europe .
As the RID
application are very similar .
labelling and packaging of the dangerous materials which are
classified on the same way as in the ADR .
are given for the containers , the train units and the method of
despatch .
nations of Europe and several nations outside Europe .

was in fact a model for the ADR , the structure and
RID too, gives prescriptions for

RID, as a part of the CIM, has been adopted by all

Moreover prescriptions

3.3 . INLAND WATERWAY TRANSPORT

Whilst in theory inland waterway transport is regulated by a UN / ECE
agreement referred to as ADN, the most important international
agreement existing in practice for the transport of dangerous goods
by these waterways is the ADNR ( Accord Europeen relatif aux
transports des marchandises dangereuses par voie de navigation sur
le Rhin) administered by the Central Rhine Commission in Strasbourg .

ADNR consists of three parts :

1 . the agreement and its rules ;
2 . Annex A. Definitions and classification of dangerous goods

allowed to be transported;
3 . Annex B. Prescription for :

- procedure of transport
- construction of vessel

- crew

- 23 -

- loading and unloading
- spécial traffic rules .

ADNR is applied by all the states with waterways connected to the
Rhine network , with the exception of the Danube .
adoption in national legislation .
To obtain a navigation licence for the Rhine , a master must meet the
requirements of the Central Rhine Commission concerning knowledge of
handling dangerous goods .
The ADNR is revised from time to time in
order to harmonize its prescriptions with the rules of other modes
of transport .

It is enforced by

3.4 . AIR TRANSPORT

The part of transport by air in the total transport of dangerous
products is relatively limited, although an important increase has
taken place in recent years .
A set of standards for the safe transport of dangerous goods by air
has been established in Annex XVIII to the Convention on

The

International Civil Aviation ( the Chicago Convention ).
Dangerous Goods Panel ( DGP ), one of the subsidiary bodies of ICAO,
is responsible for the elaboration and updating of these standards .
This Annex is supported by a detailed body of " Technical
Instructions , for the safe transport of Dangerous Goods by Air ",
which are incorporated by reference into the Annex and provide the
necessary details concerning classification , packaging , marking ,
labelling and handling aboard aircraft of dangerous goods .
Both the Annex and Technical Instructions are based upon the
recommendations of the UN Committee of Experts on the Transport of
Dangerous Goods and the International Atomic Energy Agency ( IAEA ),
thereby providing intermodal harmonisation .
The ICAO adopted Annex XVIII and the Technical Instructions in June
1981 and they are now implemented in international and national air
transport as all Member countries , including the E.C. Member States ,
agreed to incorporate the Annex into their legislation from 1
January 1984 on .

- 24 -

As to the implémentation by E.C. Hember States , only four countries
( Belgium , Italy , the Netherlands and United Kingdom ) hâve
communicated some ( small ) différences between their national
régulations and the international standards and recommended
practices of Annex XVIII .
As provided for in the " Technical Instructions ", paragraph 10.1 of
Annex XVIII requires that dangerous goods training programmes be
established .
each developed for the training of a particular category of
personnel involved in the transport of dangerous goods by air .
books are :

With this in view ICAO produced a series of six books ,

The

1 . Shippers and packers
2 . Cargo agents
3 . Operators' cargo acceptance staff
A. Load planners and cargo handlers
5 . Flight crew
6 . Passenger handling staff and flight attendants .
These training programmes , which are approved by the national
authorities , have been produced to help achieve a uniform level of
training in all aspects of handling and transporting dangerous goods
by air .
For the direct application of the existing rules the International
Air Transport Association ( IATA ) issues precise guidelines in its
" Restricted Articles regulations " which are updated regularly .
IATA airlines levy a not insignificant surcharge for the transport
of dangerous goods .

3.5 . TRANSPORT OF WASTE MATERIALS

Waste is only partially covered in the framework of international
conventions and agreements on the transport of dangerous goods . The
classification of mixtures of waste materials presents particular
problems . The United Nations classification system for dangerous
goods can be used for a wide variety of wastes , but does not cover
all types . A classification system based on grouping the most

- 25 -

dangerous components in a mixture has been developed by a joint
ADR / RID expert group and is likely to be adopted by the parent
bodies ( ECE and OCTI ) in the near future .

0

At Community level, directive 78/319/ EEC^ on toxic and dangerous
wastes specifies certain general controls on the transport of
dangerous wastes and includes a list of toxic or dangerous
substances requiring priority considération . Directive 84 / 631 / EEC
on the transf rontier shipment of hazardous wastes spécifiés that
transport of hazardous wastes should be controlled by means of a
uniform consignment note system and allows the Member State of
destination of the waste to raise objection to the shipment . The
Directive sets out general rules concerning the packaging , labelling
and transport of wastes . Appropriate conditions of transport are
deemed to be met when a Member State applies the provisions
applicable under the international transport conventions to which it
is a party, in so far as these conventions cover hazardous waste .
An amendment to Directive 84 / 631 agreed in 1986
extends the requirement to obtain the agreement of the destination
country to non-Member States .

( 86/ 279/ EEC )

9

' OJ N° L 84 / 43 of 31.3.1978

8 OJ N° L 326/31 of 13.12.1984

9 OJ N° L 181 /13 of 4.7.1986

- 26 -

4 . TRANSPORT OF RADIOACTIVE MATERIALS AND WASTES .

4-1 . THE INTERNATIONAL ATOMIC ENERGY AGENCY REGULATIONS FOR THE SAFE

TRANSPORT OF RADIOACTIVE MATERIALS

As early as 1959, the United Nations Economic and Social Council
( ECOSOC ) adopted a resolution entrusting the International Atomic
Energy Agency ( IAEA ) with the task of establishing recommendations
for the safe transport of radioactive materials .
This responsibility falls within the purview of the Agency 's
statutory functions which , among other things , consist of ensuring
the safety of peaceful nuclear activities carried out by Member
States with the Agency 's assistance .
The IAEA responded to this resolution by convening panels gathering
experts from Member States and from the international transport
organisations to study the technical and administrative aspects of
As a result of this study, the first
such international transport .
edition of the IAEA " Regulations for the Safe Transport of
Radioactive Materials " ( Safety Series n°6) was published in 1961 as
a component of the Agency 's Safety Standards .
These Regulations were revised and updated in 1964 , 1967, 1973 , and
comprehensive review was carried out in 1985 , to reflect experience
in their application , new trends in radiation protection and changes
in methods and technology .
The safety régulations are based on two main principles :

- the required safety levels are achieved by appropriate

package design , without considération of the safety of the
transport mode ;

- the potential hazard defines the required package safety

level .

Safety series n° 6 contains the following basic requirements :

- packaging and package design requirements
- items exempt from specified prescriptions ( low specific
activity material , low level solid radioactive material )

- activity limits for packages
- Controls for transport and storage in transit

- 27 -

- spécifie provisions for fissile materials
- test and inspection procedures for packaging
- administrative requi rements .

4.2 . IMPLEMENTATION OF IAEA REGULATIONS

The IAEA Regulations have been adopted by the United Nations as its
recommendations for the safe transport of radioactive materials .
They have been incorporated into the national regulations of
numerous countries where nuclear legislation was enacted in
conjuction with the development of nuclear energy programmes for
peaceful purposes .
the transport of dangerous goods have also adopted the IAEA
Regulations for application to the transport of radioactive
materials , including radioactive wastes .

All international organizations concerned with

Transport by rail - RID .
The dangerous goods covered by RID are classified in accordance with
the UN System and the IAEA transport régulations hâve been adopted
as the requi rements for radioactive materials .
The current RID is in conformity with the 1973 revised edition of
the IAEA transport regulations for the safe transport of radioactive
materials .

The RID also includes a table of minimum distances by which packages
containing radioactive materials must be separated from packages
containing photographic films .

Transport by road - ADR
The IAEA transport regulations have been adopted as the requirements
The 1978 version of the
for the transport of radioactive materials .
technical requirements set out in Annexes A and B to the ADR are in
conformity with the 1973 revised edition of the IAEA transport
regulations .

- 28 -

ч

Transport by Inland Waterways ~ ADNR
Within the framework of this Convention, the Rhine States have
developed provisions on the transport of dangerous goods , among
which are those concerning the transport of radioactive materials .
Since traffic . in these goods has hitherto been insignificant , the
relevant provisions in the ADNR are still based on the 1967 edition
of the IAEA regulations .
It is likely that in the next few years changes will take place that
will necessitate the updating of the ADNR provisions .

Transport by sea - IMO

Transport by sea is regulated in most European Countries by the
International Maritime Dangerous Goods Code CIMDG Code ).
Dangerous goods are classified in the IMDG Code in accordance with
the UN system and the IAEA transport regulations have been adopted
as the requirements for radioactive materials . The current version
of the Code is in conformity with the 1973 revised edition of the
IAEA regulations .
The IMDG Code includes tables specifying the minimum permissble
segregation distances of packages of radioactive materials from
living accommodation or regularly-occupied working areas on ships
and from packages containing undeveloped photographic film .

Transport by air - ICAO , IATA

The current edition of the IATA Restricted Articles Regulations
( RAR ) includes two sets of regulations for the transport of
radioactive materials . The first is in conformity with the 1973
revised edition of the IAEA transport regulations . The second in in
conformity with the 1967 edition of the regulations .
Tables are included which specify the minimum permissible distances
from the surfaces of the packages to the inner floors of passenger
cabins and flight decks and to the surfaces of packages containing
undeveloped photographic film .

- 29 -

Transport by post - UPU

Under the existing convention , radioactive materials in which the
activity does not exceed 10 X of the upper limits for items exempt
from the packaging , labelling and stowage requirements of the IAEA
transport regulations may be transported internationally by post
provided certain relatively simple additional procedures are
followed . In practice , all member countries of the European
Community, except the United Kingdom and France prohibit postal
shipments .

5 . NATIONAL LEGISLATION ON THE TRANSPORT OF OANGEROUS GOODS

It was therefore

A complete description of all existing regulations at national and
regional level in the Member States of the Community would be very
lengthy and would rapidly become out of date .
decided to make a broad comparison between the regulations in force
in each Member State at the time of writing this report , and the
international agreements , concentrating on the stringency of the
regulations and differences in classification , packaging and
labelling requirements .
International transport by sea and air is entirely governed by the
international agreements and this analysis of national regulations
has therefore been restricted to transport by road, rail and inland

waterway .

5.1 . DENMARK

Road

Denmark has been a party to the ADR agreement since 1 August 1981
and the aim is to issue a body of national rules very similar to the

ADR agreement .

- 30

For classes 4 ( inflammable solids ) and 6.2 .

(oxidizing
( organic peroxides ) will be in line with ADR in

Technical specifications similar to the ADR have been adopted for
class 2 ( compressed gases ), class 6.1 .
(poisonous substances ) and
class 8 ( corrosive substances ).
The régulations for classes 3 ( inflammable liquids ), 5.1 .
substances ) and 5.2 .
1986 .
substances and substances liable to cause infection ) there are no
régulations for national transport in Denmark .
class 1
régulations .
Labels according to EEC directive 67/ 548 / EEC ( paragraph 6.3 .) are
permitted for national transport of dangerous goods in Denmark .

(explosives ) are very old and different from the ADR

The régulations for

( répugnant

Rai I

Denmark applies the RID regulations for the national transport of
dangerous goods by rail and in addition prescribes separation
of
wagons carrying dangerous goods : any wagon carrying dangerous goods
must be between wagons not carrying dangerous goods .

Inland Waterway
There are no navigable inland waterways , but the Baltic agreement
has great importance in Denmark .

5.2 . BELGIUH

Road

For 95% of the goods these

Since 15 March 1976 Belgium has had national régulations on the
transport of dangerous goods .
régulations are the same as the ADR rules .
For the other 5% the national rules are stricter than ADR for goods
of class 3 ( inflammable liquids ), class 1
( explosives ) and class 5.1
( goods which contribute to combustion ).
The national rules are less strict than ADR for gas-oil .
The spécial driver training according to ADR rules is controlled by
the government and also applied for national transport .

- 31

Rai l

The RID agreement has been extended in Belgium to cover national

transport .

Inland Waterway
The ADNR rules apply to 90% of the national inland waterway
transport of dangerous goods .
Since 1948 the other 10% is covered by national regulations which
are less severe but apply mainly to small harbour tenders .

5.3 . FRANCE

Road

The French legislation concerning the transport of dangerous goods
is laid down in the regulation of 15 April 1945 as amended which is
very extensive .
As rules of this kind have been developed in France earlier than in
other nations , the international agreements have not been the basis
for this legislation .

The main différences from the ADR are :

- the classes are different from the ADR and have been further

divided into categories and groups with their own
prescriptions ;

- the labels are slightly different and they must be applied to
all vehicles carrying dangerous goods , including packaged
goods ;

- the form of the transport document is more strictly defined .

To meet a decision of 30 July, 1975 , vehicles transporting dangerous
goods with a weight above 10 tons must have a speed governor set at
80 km / h .
concerning days on which it is prohibited to drive trucks with
dangerous goods .
extended field than in the ADR regulations .

There are routeing prescriptions and prescriptions

The special driver training is applied to a more

- 32 -

Rai l
RID is applied to national transport by rail in France .

Inland waterway
For inland navigation the ADNR regulations are applied or a domestic
set of regulations which are , according to the French authorities ,
very similar to the ADNR regulations .

5.4 . IRELAND

Road

Ireland has not yet acceded to the ADR agreement .
The reason given is that the inland transport of dangerous goods is
not of a very great importance and the entire ADR agreement must be
translated into Irish in order to be approved by the Irish
Parliament . However Ireland 's domestic legislation ( Dangerous
Substances Regulations 1980 ) is very similar to the ADR agreement
and refers to ADR in all the main points .
Differences with ADR regulations are :

- some general rules concerning the routeing of dangerous

goods ;

- packaging and labelling in accordance with the Community

Directive 67 / 548/ EEC ( paragraph 6.3 .) or other international
or national régulations is deemed to comply with the Irish
régulations .

The Irish Régulations contain general rules for the spécial training
of drivers .

5.5 . LUXEMBOURG

Road

ADR is applied to national transport .

33 -

Rai l

The RID convention is apptied to national transport .

Inland Waterway
The ADNR agreement is applied to transport of dangerous goods along
the Moselle .

5.6 . THE NETHERLANDS

Road

National transport of dangerous goods by road has to meet the
régulations of the V.L.G. ( Vervoer Over Land van Gevaarlijke
Stoffen ) which is in fact the same as ADR plus :
- rules for routeing of dangerous goods
- extensive professional training requirements
- spécial conditions for explosive goods ( classD
- more extensive information requirements .

The Netherlands has spécial driver training for road tankers which
is strict and applies also to national transport .

Rai l

National transport of dangerous goods by train has to meet the
regulations of the VSG ( Vervoer per Spoor van Gevaarlijke Stoffen )
which is the same as the RID plus special requirements for chlorine
trains .

Inland Waterway
National transport of dangerous goods by inland navigation is
governed by the VBG ( Vervoer per Binnenvaart van Gevaarlijke
Stoffen ) which is the same as ADNR .

The VLG, VSG and VBG are part of a general law on transport of
dangerous goods .

- 34 -

5.7 . FEDERAL REPUBLIC OF GERMANY

Road
The régulations on the carriage of dangerous goods by road in the
FRG are laid down in the Gefahrgutverordnung Strasse ( GGVS ).
These regulations are very similar to the ADR .
The differences mainly concern authorization for other dangerous
goods to be carried and additional types of packaging .
The FRG has an official driver training scheme for road tankers
which has resulted in a reduction in the number of offences against

safety rules .

Rai I

The regulations on the carriage of dangerous goods by rail in the
FRG are laid down in the Gefahrgutverodnung Eisenbahn ( GGVE ) which
has the same relation with the RID as the GGVS with the ADR .

Inland Waterway
ADNR is applied for the carriage of dangerous substances on the
inland Federal waterways with the exception of the Danube .
For the Danube a separate set of régulations exists made under the
auspices of the Danube Commission .

5.8 . U. K.

Road

The existing UK legislation concerning the transport of dangerous
goods by road is very extensive and complicated, consisting of about
34 sets of regulations .
It is intended to introduce in the near future five sets of

régulations which will enable a big part of the existing législation
to be revoked .

The proposed régulations are :
a ) Classification , Packaging and Labelling Régulations which will

control the packaging and the labelling for conveyance by road of
ail dangerous substances .

- 35 -

b ) Dangerous Substances in Harbour Areas Régulations which ni II

cover loading , unloading and storage of dangerous substances in
ports .

c ) Dangerous Substances ( Conveyance by Road in Packages etc )

Regulations which will cover the remaining operational aspects of
road conveyance of dangerous substances not covered by the Road
Tanker and Tank Container Regulations made in 1981 and the
Classification / Packaging and Labelling Regulations listed above .

d ) Explosives ( Conveyance by Road ) Régulations which will control

the conveyance of explosive by road .

e ) Classification and Labelling of Explosives Régulations which will

control the labelling of explosive articles and substances .

All these regulations will be made under the 1974 Health and Safety
at Work Act and will be consistent / so far as possible/ with the
Recommendations of the United Nations Committee of Experts on the
Transport of Dangerous Goods .
The programme is now well advanced .
The UK uses the Hazchem~Hazard code for placarding .

Rai I

RID does not apply to domestic rail transport in the UK .
Rail have their own detailed requirements which are contained in the
British Rail list of Dangerous Goods and Conditions of Acceptance .
These safety provisions cover labelling / inspection / container
specifications / marshalling of wagons and the actions to be taken in
the event of an accident .
with RID , so far as possible ,

British Rail 's provisions are consistent

British

v

Inland Waterway .
The only legislative controls for dangerous goods on British
Waterways Board waterways are bylaws prepared under the Petroleum
( Consolidation ) Act 1928 for petroleum spirit and carbide of calcium
and/ under the Explosives Act 1985 for explosives .
Board have recently introduced contractual Terms and Conditions for
the transport of dangerous goods on their waterways .

However/ the

- 36 -

5.9 . GREECE

Road
Greece is not a party to the international ADR agreement .
reason given is that the ADR agreement is still under study before
it is submitted to the Parliament .
on the transport of dangerous goods in Greece and there is no
special training for drivers of vehicles transporting dangerous
goods .

There is no national legislation

The

Rai I
Greece is party to the international RID agreement .
about the rules for national rail transport is not at present

Information

available .

Inland navigation
Inland navigation in Greece in fact consists of short sea-crossings .
It is very doubtful if the transport of dangerous goods within Greek
territorial waters meets any rules .

5.10 . ITALY

Road

In Italy a set of rules was laid down in August 1980 based on the
ADR classification and following 90% the ADR regulations .
However
some derogations are possible and regulations for national transport
are less tough than for international transport .
There is a special driving licence for international drivers
transporting dangerous goods delivered by the " Motorizzazione ", but
no specific driving licence is required for internal transport of
dangerous goods .

Rai I

The RID régulations apply both to national and international
transport of dangerous goods by railway in Italy .

- 37 -

Inland Waterways
Transport on inland waterways is governed by the rules of the
merchant navy and the general rules for road transport of dangerous
For short-sea crossings that take less than two hours it is
goods .
possible to meet less severe rules than in the IMDG-code .

5.11 . SPAIN

Spain, as a new Member State of the Community, is following the ADR
and RID regulations for the international transport of dangerous
goods .
For domestic transport , the Spanish régulations are practically
copies of the international ones with minor amendments .
As regards road transport , the T.P.C. ( Reglamento Nacional de
Transportes de Mercancias Peligrosas por Carretera ) is applied and
T.P.F. ( Reglamente Nacional de Transportes de Mercancias por
Ferrocarril ) for rail transport .

5.12 . PORTUGAL

Portugal as- a new Member State applies the ADR and the RID
régulations for international and national transport .

6 . CURRENT REGULATORY PROBLEMS

The international conventions and agreements listed in the previous
sections of this report cover most aspects of the transport of
dangerous goods , but they have not yet been ratified by all
countries , including some Member States of the Community, and the
provisions of the agreements are not always effectively enforced . A
number of current problems in the regulation and control of the
transport of dangerous goods and wastes are discussed in this
section of the report .

6.1 . SEA TRANSPORT

The European Commission only has observer status within IMO, which
is the major international body in this field . The Commission is not
a full member of the 1982 Memorandum of Understanding on Port State
Control , but is a non-voting member of the Port State Control
Committee , the supervising body for the Memorandum of Understanding .
A more systematic and structured coordination of Member States'
positions within these organisations would be helpful . There are
several specific issues on which action is needed :

- The various Codes applicable to the bulk carriage of dangerous

goods have not yet been incorporated into the legislation of all
Member States .

- Annex I and II of MARPOL 73 / 78 hâve not been ratified by Ireland

and Annex III has only been ratified by six Member States .

- The IMOG Code does not deal with pollution of the marine

environment by dangerous materials - an extension of the Code to
include pollution is under considération within IMO .

A general reduction of the risk of accidents to vessels at sea would
reduce the risk of marine pollution resulting-f rom accidents ,
particularly in busy areas . The supervision of traffic by Vessel
Traffic Management Systems (VTS ) seeks this objective , and further
precautionary measures applicable specially to ships carrying
dangerous goods could be introduced ( special crew training, advance
notification and position reporting ).

When accidents do occur there is sometimes insufficient information

on the hazard involved and the action to be taken . VTS systems
including advance notification and position reporting would assist
in identifying and locating a potential hazard, and would help the
emergency services to choose appropriate response measures .

- 39 -

6.2 . INLAND TRANSPORT

International Transport
The ADR and RID Agreements are applied by most Member States of the
Community, but the ADR Agreement has not yet been ratified by Greece
and Ireland . Although the necessary regulations exist in most Member
States , it is not certain that the existing international agreements
and conventions on the transport of dangerous goods are adequately
enforced . ADR requires drivers of bulk tankers carrying liquid
dangerous goods with a capacity of more than 3.000 litres to hold a
special licence . But this requirement does not apply to tankers of
less than 3.000 litres or to the transport of packaged goods .

National Transport
Chapter 5 of this report clearly illustrates the major differences
between Member States in the regulation of internal transport of
dangerous goods . Some Member States have regulations closely based
on ADR and RID , but others have national regulations which differ
from those for international transport . These differences can cause
problems for vehicles or loads making journeys with national and
international stages , and for the packaging and labelling of goods
made for several markets . The objective of establishing the internal
market by 1992 set out in the revised Treaty , suggests that attempts
should be made to resolve these problems to ensure the free movement
within the Community of dangerous goods , subject to agreed controls .

6.3 DIFFERENCES IN CLASSIFICATION

Two main systems are in existence for the classification of
dangerous goods in transport :

a ) The older Systems used for rail , road and inland waterway

( ADR , RID and ADNR )

b ) The System used for sea and air ( IMDG and ICA0 - TI ).
As is shown on the conversion list in Annex IV of this report the
numbering of the classes of ADR / RID and IMDG / ICA0 is almost the
same .

However there are still differences in the classification of

substances .

- 40 -

Goods of a restricted class may be

Goods of a non-restricted class which are

The ADR / RIO and AONR systems contain restricted and non-restricted
classes of dangerous goods .
accepted for carriage only if they are listed and then only under
the conditions specified .
listed may be accepted only under the specified conditions .
It is obvious that this system can give rise to difficulties for new
goods , or for wastes which are composed of more than one substance ,
since absence from the list can mean either that carriage is
prohibited, because the substances belongs (or seems to belong ) to a
restricted class , or that acceptance is without conditions in a
non-restricted class .

However , even this list , based on the UN

In the IMDG / ICAO system all goods or group of goods are mentioned or
have an " entry".
Recommendations , is not sufficiently exhaustive as to ensure that
any goods presenting a hazard and falling in the definitions of a
particular class will be included in that class .
Moreover there are some goods that present more than one hazard , so
that this system of classification can also give problems .

Harmoni zation

Effective 1 May 1985 , the ADR and RID agreements have been modified
in order to harmonize with the UN Recommendations which are the base

of the IMDG Code and the ICAO Technical Instructions .

The principal changes in ADR and RID are additional classifications
in Classes 3 ( inflammable liquids ), 6.1 ( toxic substances ) and 8
( corrosive substances ).

These three classes are now each-divided into three groups : very
dangerous , dangerous and less dangerous according to the
prescriptions of packaging for maritime transport .
Moreover the classification of some goods which present two or more
kinds of danger have been changed according to the UN
Recommendations .

The ADNR Regulations are also being revised to meet the UN
Recommendations and this work is scheduled to be completed in 1987 .

- 41 -

A remaining différence with the U. N. Recommendations after the
révision are the différences in flash points .
in the case of inflammable liquids .
In ADR and RID these are subdivided according to flash points :
under 21° C

This raises problems ,

21° C to 55° C
55° C to 100° C , no classification beyond that range .

The United Nations subdivision is as follows :

under - 18° C

- 18° C to 23° C
23° C to 61° C , no classification beyond that range .
The changeover to the UN system of subdivision would cause problems ,
because in Europe the ranges concerned are also applied in industry
and for industrial safety .
For example at present a liquid with flashpoint between 61° and 100°
C is a substance of class 3 in ADR / RID / ADNR but not a dangerous

substance in the IMDG Code .

substances placed on the

and its amendments concerns

EC Classification , packaging and labelling Directives
The classification system specified in Council Directive
67/ 548 / EEC 1
Community market and it differs significantly from the system
recommended by the UN for transport of dangerous goods . The
numerical criteria used to define the toxicity of groups of
substances are different , and some of the classes in the Directives ,
such as carcinogenic or mutagenic , are not used in transport
labelling . The same substance may therefore be classified and
labelled differently for transport and marketing purposes .

10 0J N° L 196 of 16.8.1967

- 42 -

6.4 DIFFERENCES IN LABELLING AND PACKAGING

If a dangerous substance is ctassified in
label Ling requi rements will also be different .
different Systems of pictograms are used which are generally
similar , but not identica!.

different ways , thè
Moreover three

The Systems are :

- labels according to EEC directive N° 67/ 548 / EEC (with a

number of amendments ) concerning labelling and packaging of
dangerous goods which are put on the market . Illustrated in

Annex V.

- labels according the inland transport agreements ( ADR , RID

and ADNR ). Illustrated in Annex VI .

- labels according to the UN recommendations ( IMDG and

ICAO-IT ). Illustrated in Annex VII

In the case of single layer package ( eg drums ) it is likely that
both transport and supply labels will be needed .
These differences are probably not sufficient to cause serious
difficulties in dealing with accidents, but they are of significance
for shippers and can cause problems at the sea-land interface .

Different interpretations of the UN Recommendations for the testing
of packaging can give rise to different functional tests and, as a
result , variations in the types of packaging approved in different
countries . This has sometimes resulted in new types of packaging
being rejected at international borders .

6.5 . DIFFERENCES IN HAZARD ACTION CODES

There are differences of view about the value of a code to assist

For a decade the United Kingdom has used an emergency

the emergency services at incidents and about which code should be
adopted .
action code known as " Hazchem", whilst the French " Kemler" code has
been adopted in ADR and RID .
adopted by a number of other countries outside Europe .

The Hazchem coding system has been
Various

- 43 -

No agreement has been forthcoming .

attempts have been made to decide on one of these two codes as the
only standard or , alternatively , to find an internationally
acceptable compromise .
The Hazchem code provides specific guidance on the action to be
taken initially by the fire service : The Kemler code is basically a
code which gives information on the hazardous properties ; it gives
little useful action guidance to the emergency services except some
advice on when to avoid the use of water .
However , the " Kemler " danger numbers and UN substance numbers which
must be given on the danger labels under the ADR and RID are - in
contrast to the more comprehensive details required under the
Hazchem code - legible even from fairly long distances owing to
their type size .
unable to get near to the vehicle involved in the accident ( e.g.
because of fire ) .

This is particularly important if rescue teams are

6.6 DIFFERENCES IN SEGREGATION REQUIREMENTS .

A serious problem arising from the differing requirements of
rail / road and sea regulations is the segregation of dangerous goods
within a wagon or container .
The philosophy behind the segregation requirements of the IMDG code
is that incompatible dangerous goods should not be loaded in the
same wagon or container .
by dangerous reactions between substances if their packaging is
damaged .
In the ADR / RID these requirements were only retained for relatively
few substances such as explosives and for more fragile types of
packaging such as glass .
Thus the segregation requirements for sea transport are much more
stringent than for rail / road transport .

This is intended to avert problems caused

- 44 -

6.7 . SPECIFIC PROBLEMS FOR WASTES

The international conventions and agreements on the transport of
dangerous goods do not cover all types of waste and problems can
arise in classifying wastes of mixed or variable composition . The
classification system developed by ADR / RID ( paragraph 3.5 .) will
help to reduce these difficulties if it is widely adopted .

A list of toxic and dangerous substances and materials requiring
priority consideration is included in the Annex to Directive
78 / 319 / EEC on toxic and dangerous waste , but it is a minimal list
and is not complete or precise .
Nine Members States have adopted
regulations to control toxic waste , but their national regulations
are somewhat divergent and are based on varying definitions of
waste .
on the major components of the waste , others use the industrial
activity generating the waste , or in some cases both .

Some Member States have adopted classification systems based

A harmonised classification system for waste materials is needed to
ensure the effective implementation of Community Directives on
wastes , in particular the Directive on the transfrontier movement of
dangerous wastes , and the Commission is working on the more precise
and uniform definition of toxic and dangerous wastes .

In general , national and international regulations and agreements on
the transport of dangerous substances do not make special provisions
for wastes and within the Community, only the Federal Republic of
Germany has set-up specific procedures for the transport of
hazardous wastes .

- 45 -

7 . CURRENT INTERNATIONAL INITIATIVES

7.1 . SEA TRANSPORT

A number of initiatives are presently under consideration within the
framework of the International Maritime Organisation ( IMO ), which
concern both the prevention of pollution and the safety of
navigation . In particular an extension of the IMDG Code to cover
pollution of the marine environment by packaged goods is under
consideration as a mean of implementing Annex III of the MARPOL

convention .

The Commission within the framework of the Memorandum of

Understanding on Port State Control ( MOU ) has signed the final
declaration of the " Safe Ships on Clean Seas " Ministerial Conference
that took place in April 1986 .
Community initiatives are also presently under consideration to
extend the existing means of controlling and reducing pollution
caused by hydrocarbons at sea to include other harmful substances .
The first step will consist of the implementation of the Council
decision of 6 March 1986 establishing a Community information system
for the control and reduction of pollution caused by the spillage of
hydrocarbons and other harmful substances .
The COST 301 research project referred to in Section 2.3 . is
concerned with the management and control of maritime traffic by
The purpose of these centres is the reduction
shore-based centres .
of the risks of collision , stranding and ramming and enhancement of
safety at sea , and the prevention of pollution of seas and coastal
The results and conclusions of the research phase will be
areas .
available in April 1987 .

7.2. INLAND TRANSPORT

The international bodies governing the ADR, RID and ADNR agreements
hold meetings several times a year to discuss amendments and
révisions to the agreements .
Important current issues are :

- prescriptions for Intermediate Bulk Containers ( IBCs )
- régulations for the transport of waste

- 46 -

- prescriptions for tank containers

- new substances

- new materials for packaging
- révision of class 5.2 .
- extending driver training requirements to all dangerous goods

(organic peroxides )

(now only for tank vehicles )

- inspection of vehicles
- several éditorial and technical amendments

- introduction of a new class 9 for substances dangerous to the

environment .

These meetings are attended by experts from 20 to 30 countries and
several non-governmental organisations .
These experts are often
supported by complete divisions in their national administration .
The Commission of the European Communities has an observer at many
of these meetings . Activities of the EEC can only be useful when
they fit in the framework of these existing agreements , e.g.
Community Directive 84 / 631 / EEC on the transfrontier shipment of
dangerous wastes refers to the International transport agreements .

For the European road safety year 1986, the Commission has made a
study of the possibilities of a monitoring system for dangerous
goods and waste , and plans to sponsor a pilot project .

7.3 . RADIOACTIVE MATERIALS

Initiatives at worldwide level on the transport of radioactive

materials

A revised version of the IAEA Regulations for the Safe Transport of
Radioactive Materials ( Safety Series N° 6) was issued in 1985 .
Substantial changes have been made and this edition supersedes all
the previous editions of the regulations .
The Agency recommends that these regulations should be adopted in a
period of 3 to 5 years ( not later than 1990 ) with the view to
achieving worldwide harmonisation of their application .

- 47 -

The target date for adoption of the 1985 edition of the Safety
Series N° 6 chosen by alt the international organisations concerned
with the transport of radioactive materials ( IMO, UPU , UN , ICAO,
A DP , RID , ADNR ) is 1 January 1988 and this date applies to the
Members States of the European Community .

Initiatives at Community level on the transport of radioactive

materials

.

.

_ 11

_ _

_ ..

In response to the Resolution of the European Parliament of 22
,
, the
January 1982 on the transport of radioactive materials
Commission set up a special permanent working party consisting of
national experts and representatives of the Commission ; the Chairman
Among other things ,
and Secretariat are provided by the Commission .
this group advises the Commission on the preparation of proposals
for Community activities and studies all the problems associated
with the transport of radioactive materials .
Based on the assistance of the experts mentioned above and in the
light of Directives 80 / 836 / Euratom and 84 / 467 / Euratom laying down
the basic safety standards for the health protection of the .general
public and workers against the dangers of ionizing radiation , the
Commission concluded in 1984 and in its Communication to Council on

" The Development of Community Measures for the Application of
Chapter III of the Euratom Treaty 'Health and Safety"' of 20 August
1986 ( C0M(86)434 ) that the following actions should be envisaged at
Community level :

- the development of a more uniform standard for the training and

provision of information for the personnel involved in the
transport of radioactive materials ;

- the formulation of criteria for technical and medical assistance

in the event of abnormal or accident situations to be incorporated
into bilateral or multilateral agreements between Member States ;

11

0J N° C 40 / 42 of 15.2.1982

48 -

- the examination of the feasibility of establishing and maintaining

an information network on emergency provisions for transport
accidents in border régions or at sea .

The Commission also convened the experts of the Special permanent
Working Party on 17 October 1984 to examine the technical ,
radiological and regulatory aspects of the Mont Louis incident , and
to consider the view of the European Parliament .
The conclusions of
the working party are summarised in Annex III .

7.4 . HAZARDOUS WASTES

In the framework of OECD, a Ministrial Conference on cooperation
concerning tranfrontier movements of hazardous waste has issued
recommendations for effective control of such movements , including
an international notification , identification and control system ,
and the establishment of a legally binding international agreement .
This is intended to implement the principle that member countries
will not apply less strict controls on movements of hazardous waste
involving third countries than they would for movements including
only member countries .
Directive 84 / 631 / EEC on the supervision and control within the
European Community of the transfrontier shipment of hazardous waste
has been amended by the Council Directive 86/ 279 / EEC of 12 June 1986
to extend
country to non-member states .

the requirement for proof of approval by the receiving

- 49 -

8 . CONCLUSIONS AND RECOMMENDATIONS

The earlier chapters of this report describe the extensive network
of international agreements covering the transport of dangerous
materials by sea , road, rail , air and inland waterway .
These
agreements are subject to continual revision and updating by
international groups of experts to increase their effectiveness and
improve harmonisation of the classification , packaging and labelling
of dangerous materials .

International agreements generally apply only to international
transport but some countries have adopted the same requirements for
internal transport of dangerous goods .
However , several member
states of the European Community have not yet ratified all the
international agreements , and not all the states which have done so
apply them to internal transport . The Commission 's primary objective
is to ensure the full implementation of all the relevant
international agreements in Member States - the long-term objective
should be a single , unified system applicable to both national and
international transport by all modes .
time to achieve , but the Commission can play a valuable role in
coordinating the position of Member States in international
negotiations , and encouraging the international organisations to
take further steps towards a unified system . At Community level
action is needed to achieve greater harmonisation of the regulations
covering the transport of dangerous goods within and between Member

This will clearly take a long

States .

The transport of dangerous wastes should be included in agreements
and regulations on the transport of dangerous goods in general , but
as a first step an international method for classifying the hazard
The Commission supports the efforts
of waste materials is needed .
of international organisations to develop an agreed classification
system for wastes and the Commission 's own work on the uniform
classification of wastes is a contribution to this effort .

50

In the case of radioactive materials all the relevant international
conventions incorporate the IAEA Regulations and the revised 1985
Edition of the Regulations will be incorporated into the conventions
by January 1988 . As indicated in its communication to the Council on
the transport of radioactive materials within the Community
( C0M(84)233 final ), the Commission contributes to the continuing
development of the IAEA regulations and promotes the uniform
application of their requirements throughout the Community .

In its communication to the Council on the consequences of the
Chernobyl accident ( C0M(86)327) and on the development of Community
measures for the application of Chapter III of the Euratom Treaty
( C0MC86) 434 ), the Commission has made clear its intention that all
transport of radioactive materials both within and between Member
States should be subject to a uniform set of provisions based on the
IAEA Recommendations .

The objective of full international harmonisation of the transport
of dangerous materials is the long-term goal , but there are a number
of specific actions which the Commission could take immediately -
these are listed below .

8.1 SEA TRANSPORT

The Commission should attempt to achieve a more systematic and
structured co-ordination of Member States' positions within the
framework of IMO and other relevant international bodies .

A reduction of accidents to vessels at sea decreases the risk of
pollution from polluting cargoes . Highly frequented areas need
measures to reduce accidents , such as the supervision of traffic by
Vessel Traffic Services (VTS ). The possibility of providing VTS
systems with additional information on vessels carrying dangerous
cargoes so that they can be more closely supervised should be
studied .

51

An initiative should be taken to assess whether existing international
agreements on safety at sea ( STCW , COLREG etc. ) adequately cover the
spécifie problems of the carriage of dangerous goods by sea .

Community instruments should be proposed to ensure the implementation of
the requirements of all relevant international agreements by all Member

States .
In particular instruments should be proposed to ensure the proper
implementation of Annex II ( prevention of pollution by liquids carried in
bulk ) and Annex III ( prevention of pollution by harmful substances carried
in packages ) of MARPOL 73 / 78 .

The Commission will also submit proposais on :
- the establishment of a mandatory notification system for ships ,

including passenger ships and ferries , etc ., carrying dangerous goods by
sea in packages , tank-wagons , tank-lorries , portable tanks or freight
containers , and a reporting system for insufficiencies or incidents
liable to reduce the maneouvrabi lity of such ships , for leakages of
dangerous goods within the ship and for discharges of dangerous goods at

sea ;

- the improvement of means of detecting and prosecuting violations of

safety and pollution regulations .

A draft Directive on the first point is in the process of being finalized .

8.2 . INLAND TRANSPORT

In this area Community action should be directed to filling in the gaps in
the network of international agreements , especially as regards dangerous
wastes , and ensuring their uniform implementation throughout the Community
in relation to both national and international transport .

The Commission should propose a Council Directive which obliges all Member
States to apply the provisions of the international agreement for the
transport of dangerous goods by road ( ADR ) to international transport . For
inland waterways similar provisions could be adopted as soon as the
relevant agreement ( ADNR ) has been revised and harmonised with the other

agreements .

52 -

The Commission 's efforts will also be directed to ensuring that
Member States adopt regulations for national transport based on the
same principles as those applied to international transport , and
that national regulations are progressively brought into line with
the international agreements . The objective will be to achieve the
free movement of dangerous goods and a free market for transporting
them within the Community, subject to agreed controls and high
standards of protection for man and the environment . The regulations
should include the transport of dangerous wastes , taking into
account the particular nature of wastes . The Commission will make a
proposal to this end by the end of 1988 .

Road transport of dangerous goods
Studies have shown that the vast majority of road accidents
involving the transport of dangerous goods are "normal " traffic
accidents mainly caused by human failure . Moreover checks on
enforcement have shown a high proportion of breaches of national and
international regulations on the transport of dangerous goods .
Priority in Community action to improve the safety of transporting
dangerous goods by road should therefore be given to improvements of
human performance and to a better enforcement of existing rules .

The Commission should consider the following actions :

1 . A directive requiring Member States to accept on their territory

road vehicles transporting dangerous goods or wastes
internationally in conformity with the requirements of the ADR
agreement .

2 . A directive on the training of drivers of vehicles carrying

dangerous goods or wastes in packages .

3 . A directive on the training of road transport managers concerned

with the transport of dangerous goods or wastes .

A. A directive on the enforcement of regulations on the transport of

dangerous goods and wastes by road .

53 ~

8.3 . HARMONISATION OF CLASSIFICATION AND LABELLING

Products placed on the Community market must be labelled according
to the requirements of Directive 67/ 548/ EEC and its amendments ; the
square format labels required by the Directive ( illustrated in Annex
V ) were based on the ADR and RID labels current at the time .

However , these transport agreements were later harmonised with the
UN Recommendations which prescribe diamond shaped labels
( illustrated in Annexes VI and VII ). The result is that the user

labelling required by directive 67/ 548 / EEC differs from transport
label ling .

There are also small differences between the size and wording of the
ADR / RID and IMDG transport labels , and some labels are available in
one system and not in another . However , the basic symbols used by
all three systems to identify dangerous substances are identical and
confusion between different labels carrying the same symbol is
unlikely . The differences sometimes mean that packages have to have
two labels , but industry is reluctant to change well-established and
recognized labels .

Nevertheless the objective should be a single Community system for
all hazard labelling which is compatible with the labelling
requirements of the international transport agreements , and is based
on unified classification criteria for the toxicity and other
hazardous properties of dangerous substances .

The classification of dangerous substances is based on the results
of tests of toxicity , corrosiveness , irritancy etc ., which use
laboratory animals and , in this context , the need to reduce the use
of animals in testing whenever possible should be taken into

account .

The long-term objective of fully unified classification and
labelling requirements for hazardous substances , including wastes ,
for both transport and marketing purposes should be vigourously
pursued . This , may require modification of Community instruments and

- 54 -

the Commission will launch a study of how best to harmonise
Community classification and labelling requirements with those of
the international transport agreements .

\

SS-

ANNEX I

15 . 10 . 84

Official Journal of thc European Communities

No C 274 / 37

Thursday , 13 September 1984

on thc environment and in particular the accident involving the Mont Louis

RESOLUTION

The European Parliament,
A. having regard to the disastrous effects on human life and the environment which may

result from accidents such as that involving the French vessel , the Mont Louis ,

B. having regard to the Community action programmes on the environment of
22 November 1973 and 13 July 1977 , and Parliament’s resolutions of 22 January
1982 ( ' ) and 6 June 19S3 ( 2), which called on the Commission to ensure the application
of uniform rules in the Member States for the transport of hazardous substances and
products ,

C. whereas , hitherto , only a single political agreement ( of 9 June 1984 ) has been reached on

improving the rules applying to the transfrontier shipment of hazardous wastes,

D. whereas it

is clear from the sinking of the Mont Louis that national protective measures
are inadéquate and that there is no evidence of genuine coopération at international or
European level ,

1 .
Calls on the Commission to submit as a matter of priority proposais for Council
Régulations to regulate effectivcly the general subject of the transportation of dangerous and
radioactive substances and wastes ;

2 .
Calls on the Commission and the Member States of the European Community ,
bearing in mind the North Sea Conference that is due to take place in Bremen at the end of
October 1984 , to
(a ) urge that all agreements concerning the protection of the North Sea and other seas be

ratified forthwith by all the countries concerned ;

(b) check that ail dangerous and radioactive substances are covered in these agreements and

to propose addenda thereto where appropriate;

(c) avoid using ports of countries which have not ratified these agreements , with the aim of

reducing the risk of accidents;

3 .
Asks the Governments of the Member States to comply strictly with minimum
conditions for the movement of high-risk dangerous and radioactive substances and wastes,
and particularly:
– to fix spécial transport routes ,
– to providc ail those concemed with advance information ,
– to provide for plans and effective safety and prévention measures for the avoidance of

catastrophes , and for their publication,

– to guarantee the training of drivers and accompanying personnel ,
– to provide for the organization of treatment facilities for victims;

Instructs its Fresident to forward this resolution to the Council and Commission and

4 .
the Government of thc Member States .

0 )
CO 03 »0 o

OJT HoCVOjliU . Hf2.
, U. 7 . W2

No C 274 / 38

Official Journal of the European Communities

15 . 10. 84

Thursday, 13 September 1984

RESOLUTION

on environmental issues of current relevance

– lhe transport of radioactive substances

– dioxin residues in waste incinération plants

– formaldéhyde

The European Parliament,

having regard to:

A.

B.

C.

D.

E.

F.

the recent collision in the North Sea , in which a cargo vessel carrying dangerous and
radioactive substances was sunk ,

the levels of dioxin which hâve been measured in the used air from waste incinération
plants,

the fact that the Council has still not introduced the Directive on the determination of
environmental acceptability, and

the concentrations of formaldéhyde in enclosed spaces which hâve been recorded in the
Fédéral Republic of Germany,

the fact that the public in the European Community is being exposed to risk from the
continuai succession of accidents and incidents involving dangerous substances,

the frequently inaccurate and scientifically unsound reporting of such incidents in certain
media ,

G. its

resolution of 24 May 1984 on air pollution in enclosed

spaces

and

formaldéhyde ( ' ),

H. the demands put forward in the report of the Committee of Inquiry into the treatment of
toxic and dangerous substances by the European Community and its Member States
( Doc . 1-109 / 84 ),

I.

its resolution of 22 January 1982 on the transport of radioactive substances and
waste (2 ),

Calls on the Commission to submit to it a report specifying:

1 .
(a) the dangers which arise from the instances cited above,

( b ) the measures which the Commission has instituted to meet the demands that Parliament
made as long ago as 1981 in connection with the transport of radioactive substances and
the practical results , if any , of the concerted action project in the field of navigation aid
systems , instituted by the European Economic Community in 1983 , and in addition the
action which , in the estimation of the Commission , may help in the future to prevent
ships carrying dangerous substances from becoming involved in accidents while sailing in
busy stretches of Community territorial waters,

(c) the legal rules which govern the inspection of used air from waste incineration plants in
the individual Member States , the countries where traces of dioxin have been detected in
the used air from waste incineration plants, the threshold values beyond which a danger
to the public must be assumed to exist and the steps which the Commission proposes to
take in this area ,

(d) the legal rulcs laid down in the individual Member States to regulate concentrations of
formaldehyde in enclosed spaces and the action which the Commission has already taken
or plans to take on the demands of Parliament;

Instructs its President to forward this resolution to the Commission , the Council and

2 .
. the Governments of the Member States .

- sy­

ANNEX III

)

Viewpoints of the special CEC Permanent Working Party on the transport
of radioactive materials
Brussels, 17 October 1984, fifth meeting

The spécial CEC permanent working party for the transport of
v
radioactive materials was convened on 17 October 1984 to examine the
accident involving the ship Mont Louis and the reactions of the
sEuropean . Parlfament .
-Affër àn intensive discussion the Spécial
Permanent Working Party unanimously adopted two viewpoints concerning
the repercussions of the Mont Louis accident on the Régulations for the
Safe . Transport of Radioactive ‘Materials and the résolution of the
European . Parliament of 13. September 1984 ( 0 . J . n° C274 / 36,37 o'f 15

. r Qçtpber 1984 ). „

•.
These two viewpoints are presented below .

<

*

A. Viewpoint of the Special Working Party on the lessons to be learnt
from the Mont Louis . accident yith regard to responsibility in the
transport of radioactive materials .

The Working Party recognizes .the need for a rapid exchange „of
information in accident situations , relating to the international
transport of radioactive materials , so as ,to enable govemments to
respond quickly to public concern in these matters .

*

*

*

'

ï

v

1

.

Recommendation

The Members of- the Special Working P^rty are of the opinion that the
Mont Louis accident did not cast doubt on the adequacy of the
existing regulations relating to the safe transport of radioactive
materials .

The Working Party therefore sees no reason to make any changes from
the point of view of radiation safety in these régulations.-

B. Viewpoint of the Spécial Working Party on the resolution of the

European Partiament of 13 September 1984 on the accident involying
the Mont Louis .

The Spécial Working Party, which met on 17 October 1984, discussed
in detail the resolution of the European Parliament and reached the
following conclusion with regard to the transport of radioactive
materials :

T

•

•

\

. 1 . In view of the fact that the European Parliament has not yet had
an opportunity to discuss the report by the Spécial Working Party
.
•
r
forwarded to it by the .Commission on 4 May 1984 , the Working
Party recommends that the Commission point out the existence of

JAnJ t

II _ »

I u

■ .

-■

•

•

«

1

■

,–

. that report to the European Parliament together with the

conclusions that the Commission, to the extent to which it is
concerned, has drawn with regard to the measures to be taken
within the Community framework ., -

'

•

2 . The Working Party considers that the European Parliament should
not consider additional measures relating to the safe transport
of radioactive materials .

3. - The Working Party wishes to draw the attention of the Commission
to the viewpoint that it adopted unanimously with regard to the
' lessons to be learn in this field from the accident involving the

Mont Louis ;

COM Ç84).233 final of 26 April 1984 "The transport of radioactive
Transmitted to the European

materiais within the European Community,‘ .
Parliament and the Council on 5 May 1984 .

ANNEX IV

CONVERSION BETWEEN CLASSIFICATION SYSTEMS

Classification Systems .

Description of the hazard

ADNR

..

- _ categories

ADR / RID
catégories

IMDG

categories

1

Explosive substances and

articles

Articles filled with

explosive substances
Igniters, fireworks and
similar goods
Gases : compressed , liquefied
or dissolved under pressure
Substances which give . off
inflammable gases on contract
with water

! a

I b

I

c

Id

I. e

Substances liable . to

spontaneous combustion
Inflammable liquids
Inflammable solids

Substances which contribute .

to combustion

Toxic substances

Radioactive substances .

Corrosive substances
Repugnant substances
Organic peroxides .
Mi sce-i laneous . :/ :

.

Γ

II

'

III a .

Ill b

III c

IV a

IV b

.

V

VI
VÌI

–

,( 1 a

1
<

1.1 to 1.5

1 b

l 1

c

2

2

..

4.3

4.2

3

: 4.1

.·

-

5.1

6.1

7

8

6.2

5.2

4.3

4.2

3.1 to 3.3

4.1

.

5.1

6.1

7

8

6.2

5.2

9

.

•

.

H

O

ANNEX V

Eksplosiv
Explosionsgefàhrlich
Εκρηκτικό
Explosive
Explosif
Esplosivo
Ontplofbaar

Let antzndelig
Leichtentzündlich
Aiav EÜ<pX£KTO
Highly flammable
Facilement inflammable
Facilmente infiammabile
Licht ontvlambaar

Giftig
Giftig
Τοξικό
Toxic
Toxique
Tossico
Vergiftig

C

Xn

Sundhedsskade l i g
Mindergi f t i g
( Gesundhei tsschëdl
Επ ι βλάβες
Harmful
Noci f
NOCÍ VO
Schade li j k

Brandnxrende (oxiderende)
Brandfôrdernd
Οξειδωτικό
Oxidizing
Comburant
Comburente
Oxyderend

Yderst let antzndelig .
Hochentzündlich
E^öyox; EIXPXEKTO
Extremely flammable
Extrememcnt inflammable
Estremamente infiammabile
Zeer licht ontvlambaar

Meget giftig
Sehr giftig
Aiav TO^IKÔ
Very toxic
Très toxique
Molto rossico
Zeer vergiftig

Lokalirriterende
Reizend
Ερεθιστικό
Irritant
Irritant
Irritante
Irriterend

T +

Ætsende
Ätzend
Διαβρωχικό
Corrosive
Corrosif
Corrosivo
Corrosief

Xi

DANGER LABELS - DIRECTIVE 67 / 548 / EEC

–ôi ~

APPENDICE A.9
OANGER LABELS -

. (See mjrçinjl 3902 )
Reproduction on rcducad JC»*«

ANNEX VI

No . 1

No . 3'

No . 4.1

§

No . 4.2

No . 4.3

No . 5

No . 6.1A

No . 8

s

No . 10

‘ No . 11

No . 12

1

; ADR DANGER LABELS

– £ L-

ANNEX VII

GENERAL INTRODUCTION

IMDG CODE - PAGE 0020
Arndt. 21-83

IMDG DANGER LABELS