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WP15 finalises ADR 2023
THAT’S A WRAP
ROAD • WP15 HAS FINALISED THE CHANGES THAT WILL APPEAR IN ADR IN 2023 AND HAS ALREADY STARTED MAKING THE NEXT ROUND OF AMENDMENTS. THERE SHOULD BE FEW SURPRISES
THE UN ECONOMIC Commission for Europe (ECE) Working Part on the Transport of Dangerous Goods (WP15), which oversees the ADR Agreement and its technical annexes, held its 111th session this past 9 to 13 May, with Ariane Roumier (France) in the chair and Alfonso Simoni (Italy) as vice-chair. As has become the normal pattern, the meeting was held in hybrid format with representatives from 26 signatory countries and an observer from Egypt attending either in person or online. Also in attendance were representatives from the EU, the Intergovernmental Organisation for International Carriage by Rail (OTIF), the Transport Community, the EuroMed Transport Support Project (TSP) and eight non-governmental organisations.
In more normal times, this spring session would be the last opportunity to make final changes to the amendments already adopted for entry into force in the 2023 edition of ADR. Indeed, there were only a handful of working documents presented, mainly addressing ongoing issues; however, with the backlog of work caused by Covid-related restrictions, the spring Joint Meeting of RID/ADR/ADN Experts (HCB June 2022, page 44) had agreed a large number of late changes, which took up most of WP15’s time. As it was, WP15 confirmed most of those amendments adopted by the Joint Meeting and all other agreed amendments will be held over to the 2025 edition of ADR.
BEFORE THE BALL Prior to getting down to the serious work at hand, WP15 welcomed the accession of Armenia (above) to the ADR Agreement, bringing the number of contracting parties to 53. Armenia’s neighbours, Azerbaijan, Georgia and Turkey, are all ADR contracting parties. WP15 reminded those 13 countries that have not yet ratified the protocol of amendmentof 1993 to do so in order that it can come into effect.
WP15 also heard about the outcomes of the last session of its parent body, the Inland Transport Committee (ITC), in February. WP15’s secretariat was invited to report each year to the ITC on aspects of its work related to the circular economy and sustainable transport; WP15 also welcomed the endorsement of the ministerial resolution on enhancing resilient transport connectivity in emergency situations. In line with this, WP15 encouraged ADR states to use telematics in the transport of dangerous goods. It also noted Switzerland’s problems in the implementation of the guidelines on the use of electronic data interchange, as it had reported at the Joint Meeting, and asked that body to schedule a session of the informal working group on telematics in order to discuss the issues raised, including the possibility of adopting a step-by-step approach.
ITC had also discussed the possibility of translating ADR into Arabic, which will require funding; the EuroMed TSP said that discussions had continued with the secretariat and the situation was looking optimistic – it hoped that a way could be found to translate the 2023 text into Arabic within the EuroMed
funding. WP15 noted that various options have been proposed that could result in an Arabic update on a biennial basis and also the translation of ADR into other official UN languages, including Spanish, in the future. WP15 also suggested that it would be useful to have a print version of the Arabic translation of ADR, in addition to an online version.
JOINT MEETING DECISIONS The Working Party considered all the amendments proposed by the spring Joint Meeting session, adopting them for entry into force on 1 January 2023, with some changes. To recap, these mainly relate to: • Introduction of a new ‘SV’ mark to identify those tanks in flammable liquefied gas service that are fitted with a safety valve • A new special provision TE26 requiring the fitment of an instant closing, automatic stop valve for tanks intended for the carriage of flammable refrigerated liquefied gases, assigned to UN Nos 1038, 1961, 1966, 1972, 3138 and 3312 • A definition and construction requirements for extra-large tank containers • Numerous revised and new standards, and • Various transitional provisions.
OTIF had noticed an irregularity in the applicability of the SV mark, insofar as the new provisions provided relaxation for tanks with a capacity of less than 3,000 litres, whereas similar provisions for other applications refer to ‘not more than 3,000 litres’. The Working Party accepted it would be sensible to maintain consistency and changed the original text accordingly.
It was noted that the revised version of EN 14025 would not be published before 1 June 2022 and therefore it was decided to withdraw reference to that standard in the 2023 edition of ADR; this will now be included in the amendments to enter into force in 2025.
It was further noted that a number of other revised standards had not yet been published at the time of the meeting, though their appearance was promised before 8 June. This relates to EN 12245, EN 12252, EN 14912 and amendment A1 to EN 13094:2020. Draft amendments relating to these standards were adopted, providing they were published by 8 June; if not, they would again be held over to the next edition.
Liquid Gas Europe had spotted an error in the text adopted in the new 6.8.3.2.9.1, which relates to safety valves for gas tanks. There was a conflict with the provisions in 6.7.3.8.1, which is referred to in a Note to the new paragraph. The Working Party accepted the error but did not adopt the solution offered by Liquid Gas Europe; instead, it decided to revert to the provisions of the 2021 edition of Who do you contact for the latest DG compliant labels?
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ADR, replacing the reference to 6.7.3.8.1 with a reference to 6.7.3.8.1.1 and deleting the Note.
The secretariat had prepared a full list of the amendments adopted by the Working Party at its previous session, which was confirmed subject once more to the timely publication of referenced standards. The secretariat also provided two documents containing corrections to the draft amendments already adopted for entry into force in 2023. [A full list of the changes in ADR 2023 will be presented in a forthcoming issue of HCB before the end of this year.]
In addition, the secretariat provided a document containing some amendments adopted by the Joint Meeting that are intended to enter into force in the 2025 edition of ADR. These include the following: 1.Revisions to special provision 650 to extend the relief offered for paint residues and wastes of UN 1263, PG II to water-based paints shipped under UN 3082 and to permit their mixed loading. P650 will be added in column (6) of the Dangerous Goods List against UN 3082. 2.Amendment of 4.3.2.2.3 to give more detail on the permitted level of filling for tanks carrying liquids at a temperature above 50°C if the provisions of 4.3.2.2.1(a) to (d) are to be disapplied. 3.Textual amendments in 6.8.2.1.20(b) 1; “strengthening members” is replaced by “strengthening elements” in the first paragraph; and in the last paragraph “that are used as strengthening elements” is added after “surge plates”. Both changes apply to the left-hand column.
The first of these, which was prompted by a plea from industry, has since been reflected in a multilateral agreement under ADR, M346, initiated by Germany. This has, as of late June, been counter-signed by France allowing it to be used in transport within and between those two countries; other parties are likely to sign up too. It will expire in July 2025, once the change is made in ADR.
ELECTRIFIED VEHICLES The International Organisation of Motor Vehicle Manufacturers (OICA) organised a presentation on the construction criteria and safety features of a battery electric freight vehicle and had even brought such a vehicle along to allow the Working Group to see it in real life. OICA invited those delegations who would like more information to join the informal working group on electrified vehicles.
An update on the work of that group was provided by the Netherlands; its remit is to develop provisions for insertion into ADR to allow the use of battery electric vehicles (BEVs) and hydrogen fuel cell vehicles for the carriage of dangerous goods in EX, AT and FL vehicles. The presentation noted that this work is complex, not least since these vehicles are still under development.
The informal working group has determined that the electric drive system on BEVs is as safe as or even safer than drive systems used with internal combustion engines, as the entire system runs at a lower temperature. While there are some concerns over the safety of lithium ion batteries, they have proven to be reliable in other types of vehicle (such as passenger cars and buses) for several years. The working group felt that, as the fire risks are lower than those considered in the current regulations for AT vehicles, it would be appropriate to allow the use of BEVs as AT vehicles as soon as possible, ideally in the 2023 edition of ADR, and it offered some proposals for amendment.
The informal working group was still working on its proposals for FL vehicles and work on EX vehicles would take longer; hydrogen fuel cell vehicles are yet to be addressed and more consideration is needed before the group’s work can be finalised.
Germany felt it premature to include provisions to allow BEVs as AT vehicles, saying that there were a number of issues still to be addressed. OICA supported the proposals, while offering a number of observations that would help align the provisions with UN Regulation No 100 (Uniform provisions concerning the approval of vehicles with regard to specific requirements for the electric power train) and with other technical language.
Perhaps bearing in mind ITC’s encouragement for WP15 to take note of the logic of the energy transition and the development of renewable energy sources, the Working Party did adopt some amendments in Chapter 9.2, particularly a new 9.2.4.6, to permit the use of BEVs and hybrid vehicles as AT vehicles, subject to UN Regulation No 100, as amended at least by the 03 series of amendments. At present, FL and EX vehicles are specifically excluded.
The informal working group further recommended an update to referenced standards for automotive electrical cables,
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found in 9.2.2.2. It noted that existing references to ISO 6722 parts 1 and 2 and ISO 14572 will be replaced by a new family of standards under ISO 19642 that take account of technological development. It proposed adding references to those standards alongside the existing standards. The Working Party felt this was sensible and made the changes in 9.2.2.2.1 and 9.2.2.2.2.
MISCELLANEOUS PROPOSALS The secretariat noted that the UN Subcommittee of Experts on the Transport of Dangerous Goods had made a correction to packing instruction P200 in the 22nd revised edition of the UN Model Regulations and invited the Working Party to make the same correction in the 2023 edition of ADR. The correction relates to table 2, where in the column headed ‘Special packing provisions’ there is an ‘a’ in the first row but not the second; the second row should also show ‘a’, which it now will do.
The secretariat also noted that footnote 6 in 5.4.2 of ADR contains a reference to the same section in the International Maritime Dangerous Goods (IMDG) Code, which needed updating. Firstly, the reference to Amendment 39-18 of the IMDG Code is changed to Amendment 40-20, which is already in use. Footnote 6 also reproduces the text of 5.4.2 of the IMDG Code, which was been amended in Amendment 40-20; the changes are largely editorial, though in 5.4.2.2, at the end of the first sentence, “one to the other” is deleted.
Another small change stems from a proposal by OTIF, which noted that, following the adoption for a new definition for ‘extralarge tank-container’, this should be included in the model report on occurrences during the carriage of dangerous goods in 1.8.5.4. This will now be added as a new number 18 in section 6 of the model report.
At the previous session of WP15, Germany put forward a radical proposal to delete the supervision requirements in Chapters 8.4 and 8.5 on the grounds that these provisions are already covered in Chapter 1.10. Its paper remarked that it is only the road mode that has additional provisions on supervision, whereas considerably larger volumes of dangerous goods can be carried by rail or inland waterway vessels. Further, the separation of security and supervision
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ROGER WRAPSON
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requirements in ADR can cause practical problems and increases the workload without adding any discernible value in safety terms.
Germany’s proposal had drawn some comments before the meeting started and, in light of those comments, it was presented for discussion only. That discussion was inconclusive, with mixed views on the benefits of the changes suggested. A further proposal may or may not be forthcoming.
On a similar topic, Norway and Sweden followed up on discussions at the previous two sessions of WP15, where they had contended that the provisions of 1.1.3.6 are inconsistent with the purpose of Chapter 1.10. They now made a formal proposal to make the security provisions applicable to all substances and articles listed as high consequence dangerous goods, in any volume, even when carried in accordance with 1.1.3.6.
While some delegations wanted yet more time to consider the implications of the proposed change, others were strongly in favour and it was that group that won the day. The change that has been adopted relates only to Class 1 goods and involves an amendment to the first indent of 1.1.3.6.2, which will now read: - Chapter 1.10 except for high consequence dangerous goods of Class 1 (in accordance with 1.10.3.1) and except for Class 7 excepted packages of UN Nos 2910 and 2911 if the activity level exceeds the A2 value.
INTERPRETATION OF ADR Sweden wanted to know if the provisions of Chapter 8.2 allow the theoretical part of ADR training to be conducted remotely by an instructor. There was a difference of opinion on this ostensibly simple point, though several delegations favoured changing the provisions in Chapter 8.2 to define a clear framework for the delivery of such distance learning, in particular in order to monitor the active presence of participants throughout the duration of the courses delivered and to ensure that distance learning courses are of equivalent quality to in-person courses. It seems that this issue falls under the remit of the Joint Meeting’s informal working group on e-learning rather than being just relevant to road transport. No action was taken at this point.
Another paper from Sweden sought to prompt discussion of security during the transport of explosive substances and articles. At present, Sweden said, it is possible to carry quite large amounts of ‘theft-attractive’ Class 1 goods in sheeted EX/II vehicles. The explosives industry and Swedish police have expressed the opinion that such goods should always be carried in closed vehicles. Sweden also sought views on the existing requirements in S1(7) for locks and the meaning of ‘devices, equipment or arrangements’ to prevent theft in 1.10.3.3.
There was little support for the idea of making the use of closed vehicles mandatory. However, there was some support for clarifying the provisions for locking load compartments, perhaps by reference to a standard. Sweden will look into this and revert with a proposal. As to the last question, some delegates suggested that the provisions have been drafted in an intentionally broad manner to leave operators to make the most appropriate choice depending on the configuration of the vehicle and the goods being transported. The use of an alarm system is not a requirement under 1.10.3.3 but could be part of national regulation.
Norway picked up on the discussion of closed vehicles, noting that, in 1.2.1, the definition says they are a vehicle “having a body capable of being closed”. In an informal document Norway showed a picture of a simple trailer, an approved EX/II vehicle, with a hard top canopy made of fibre-reinforced plastics. Such hard tops are usually installed by a third party rather than the original trailer manufacturer. Norway asked for the experts’ opinion on whether this should be regarded as a ‘closed’ or ‘sheeted’ vehicle. Once more a fairly straightforward question led to a divergence of opinion; WP15 promised to return to it at its next session, while also looking to see whether the different language versions of the definitions needed to be aligned.
France sought some clarification about the carriage of pyrotechnic substances. Special provision V2(1) in 7.2.4, applicable to the carriage of pyrotechnic substances or articles, such as those shipped under UN 0191, 0194 and 0196, states that they shall only be loaded on to EX/II or EX/III vehicles. The table in 7.5.5.2 defines the maximum permissible net
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mass of explosive substances per transport unit EX/II or EX/III. Further, 5.4.1 requires the transport document to indicate the total net mass of explosive contents. However, by definition in 2.2.1.1.1(a), pyrotechnic substances do not have any explosive contents, their effect being generated by a non-detonating self-sustaining exothermic chemical reaction.
Those delegations that expressed a view were of the opinion that the quantity of pyrotechnic substances should be taken into account in calculating the net explosive mass and that this would not only apply in 7.5.5.2 but also in 1.1.3.6 and the provisions relating to tunnel restrictions. The Working Party agreed it would be useful to clarify the definition of ‘net explosive mass’ in ADR, which is taken directly from the UN Model Regulations. Therefore, the matter should also be raised with the UN Sub-committee of Experts.
Austria reported what it said was a ‘formal problem’ that had been detected during a roadside check, in which the certificate of approval for the vehicle was not in the same layout as that shown in 9.1.3.5; the noncompliant certificate included additional security features to protect against forgery. Poland mentioned in an informal document that the use of such security features is mandatory on public documents under national regulations and suggested that 9.1.3.3 be revised to allow for the use of holograms, UV printing or guilloche patterns as security features.
The Working Party did not feel that the use of such security features affected the validity of certificates and there was general support for Poland’s idea of an amendment to clarify the position. WP15 invited Poland and other countries that use security features on their certificates to provide information to the secretariat so it can be published on the UN ECE website, in order to avoid misunderstandings during enforcement and inspection activities.
The next, 112th session of WP15 is due to take place in Geneva from 8 to 12 November 2022; it has not been decided if this will be in-person only or once again in a hybrid format.
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ROGER WRAPSON
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