UN-SCETDG-44-INF31-IMO Add.1e - UNECE

237 Pages·2013·1.88 MB·English

UN/SCETDG/44/INF.31/Add.1
Committee of Experts on the Transport of Dangerous Goods
and on the Globally Harmonized System of Classification
and Labelling of Chemicals
Sub-Committee of Experts on the Transport of Dangerous Goods 20 November 2013
Forty-four session
Geneva, 25 – 29 November 2013
Item 9 of the provisional agenda
Global harmonization of transport of dangerous goods regulations with the Model Regulations
Report of the Editorial and Technical Group of the
Sub-Committee on Dangerous Goods, Solid Cargoes and
Containers
Transmitted by the International Maritime Organization (IMO)
Addendum
The report of the IMO Editorial and Technical Group on its 20th session, 23-27 September
2013 is reproduced hereafter.
E

EDITORIAL AND TECHNICAL E&T 20/WP.1
GROUP OF THE 24 September 2013
SUB-COMMITTEE ON DANGEROUS Original: ENGLISH
GOODS, SOLID CARGOES AND
CONTAINERS
20th session

DEVELOPMENT OF AMENDMENTS TO THE IMDG CODE AND SUPPLEMENTS,
INCLUDING HARMONIZATION WITH THE UNITED NATIONS RECOMMENDATIONS ON
THE TRANSPORT OF DANGEROUS GOODS

Report of the Editorial and Technical Group

Note by the Secretariat

SUMMARY
Executive summary: This document contains the report of the Editorial and Technical
Group at its twentieth session
Strategic direction: 5.2
High-level action: 5.2.3
Planned output: 5.2.3.4
Action to be taken: Paragraph 6.1
Related documents: DSC 18/13 and IMDG Code (MSC.328(90))

1 GENERAL

INTRODUCTION

1.1 The Editorial and Technical Group of the Sub-Committee on Dangerous Goods,
Solid Cargoes and Containers met from 23 to 27 September 2013 under the chairmanship of
Mrs. Gudula Schwan (Germany).

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1.2 The group was attended by delegations from the following Member Governments:

ARGENTINA MARSHALL ISLANDS
AUSTRALIA NETHERLANDS
BELGIUM NIGERIA
CHILE NORWAY
CHINA PHILIPPINES
DENMARK REPUBLIC OF KOREA
FINLAND SPAIN
FRANCE UNITED KINGDOM
GERMANY UNITED STATES
JAPAN

1.3 The meeting was also attended by observers from the following non-governmental
organizations in consultative status:

DANGEROUS GOODS ADVISORY COUNCIL (DGAC)
INTERNATIONAL VESSEL OPERATORS DANGEROUS GOODS ASSOCIATION,
INC. (IVODGA)
INTERNATIONAL CARGO HANDLING CO-ORDINATION ASSOCIATION (ICHCA)

ADOPTION OF THE AGENDA

1.4 Noting document E&T 20/1, the group adopted the agenda.

1.5 The list of participants is contained in document E&T 20/J/1.

2 FINALIZATION OF DRAFT NOTE VERBALE (EDITORIAL CORRECTIONS) TO
THE IMDG CODE (AMENDMENT 36-12)

Editorial corrections

2.1 The group finalized the editorial corrections to the English text of amendment 36-12
to the IMDG Code (resolution MSC.328(90)), as set out in annex 1.

2.2 In this context, the group noted that, in the electronic version of the publication of the
IMDG Code, all the footnotes references are actually quoted as "Notes". The group pointed
out that this might create some legal implications. Therefore, the group agreed to request
the Secretariat to take action accordingly.

2.3 The group requested the Secretariat to issue a note verbale containing the editorial
corrections to the English text to the IMDG Code before the entry into force of amendment
36-12 (1 January 2014).

3 FINALIZATION OF DRAFT AMENDMENT 37-14 TO THE IMDG CODE

3.1 Having recalled the comments and decisions taken at DSC 18 (DSC 18/WP.1,
paragraphs 7.1 to 7.25), the group took into account annex 2 to document DSC 18/7/1 in
order to finalize the draft amendment 37-14 to the IMDG Code. The outcome of main issues
and actions taken thereon by the group are contained in paragraphs 3.2 to 3.35 below.

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HARMONIZATION WITH THE AMENDMENTS TO THE UN RECOMMENDATIONS ON THE TRANSPORT
OF DANGEROUS GOODS, EIGHTEENTH REVISED EDITION

Report of UNSCETDG

3.2 The group considered document E&T 18/INF.21 (Secretariat), containing the draft
corrections to the eighteenth revised edition of the Recommendations on the Transport of
Dangerous Goods, Model Regulations and Manual of Tests and Criteria, which were agreed
by the UN Sub-Committee of Experts on the Transport of Dangerous Goods (UNSCETDG)
at its forty-third session held in Geneva from 24 to 28 June 2013.

Replacement of the term "Marine Pollutant" or "Marine Pollutant/Environmentally
Hazardous"

3.3 The group noted that the discussion on a possible replacement of the term "Marine
Pollutant" or "Marine Pollutant/Environmentally Hazardous" was brought to the attention of
the UNSCETDG, and that, since the identification as marine pollutant is not required by the
UN Model Regulations, the UNSCETDG took no further decisions. Therefore, the group
invited interested delegations and non-governmental organizations to submit this issue to the
RID/ADR/ADN Joint meeting.

Draft amendments to packing provisions on water-reactive materials

3.4 Having noted that DSC 18 had agreed to defer the amendments to packing
provisions on water-reactive materials to the amendment 38-16 of the IMDG Code, the group
modified the draft amendment 37-14 accordingly. Additionally, the group prepared a set of
draft amendments to packing provisions on water-reactive materials, as set out in annex 2,
for consideration by E&T 23 when preparing the draft amendment 38-16.

INCORPORATION OF PROPOSALS AGREED IN PRINCIPLE AT DSC 18

Reorganization of column 16 of the dangerous goods list

3.5 The group considered document DSC 18/7/6 (Secretariat), providing the example of
the reorganization of column 16 (DGL), and agreed with the proposed stowage and
segregation terms, including the amended wording of the new segregation codes SG40 and
SG60. The group discussed the assignment of the definitions contained in annex 3 of
document DSC 18/7/6, and agreed to include some of these definitions within the stowage
codes list. However, other descriptions do not match entirely with the new differentiation
between stowage and segregation.

3.6 In this context, different views were expressed on the meaning of the term "Keep as
cool as reasonably practicable". Some delegations were of the opinion that this term refers
to stowage only as it appears under the heading "Stowage and Segregation" in the current
IMDG Code, while other delegates pointed out that such a term was already contained in
individual schedules before the IMDG Code was reformatted and, therefore, applied to
packing of cargo transport units, too.

3.7 Since the term "Keep as cool as reasonably practicable" (H2) was defined as a
handling code, the group agreed to assign SW1 (Protected from sources of heat) to all
entries which have the code H2 assigned. The new reorganization of the column 16 of the
dangerous goods list is set out in annex 3.

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Amendments to chapter 7 related to the safety of containers (CSC Convention and
refrigerants)

3.8 The group considered document DSC 18/5/5 (ICS and WSC), proposing
modifications of the draft amendment to paragraph 7.3.7.2.4 of the IMDG Code relating to
the checks before replacing a refrigerant gas. The group also considered the following
documents:

.1 DSC 18/7/7 (Republic of Korea), proposing to amend the provisions
concerning conditions for a container packing certificate in
subsection 5.4.2.1 of the IMDG Code in order to include texts that require
the confirmation of the CSC Safety Approval Plate and the validity of ACEP
or Periodic Examination Scheme of a container/vehicle to mitigate any risk
to safety that may be caused by potential structural deficiencies of a
container/vehicle; and

.2 DSC 18/WP.3 (Secretariat), providing the report of the working group on
Container Safety at DSC 18, in particular annex 3 containing draft
amendments to chapter 7 of the IMDG Code related to conditions for a
container packing certificate and preventing the use of counterfeit
refrigerants.

3.9 The group supported the intention to improve the compliance with the
CSC Convention. Having discussed if it would be appropriate to incorporate text of the
CSC Convention within the mandatory part of the IMDG Code, the group agreed to
incorporate amendments to section 7.3.3 of the IMDG-Code in order to clarify the
responsibilities of the involved parties. It further agreed to reproduce regulations 1 and 2 of
annex 1 of the CSC Convention in section 1.1.2 of the IMDG Code, as set out in annex 4.

3.10 The group agreed to include in the draft amendment 37-14 the proposed
amendments concerning refrigerants (document DSC 18/WP.3), as set out in annex 4.

Marine pollutants

3.11 The group considered document DSC 18/7/8 (Republic of Korea) addressing the
issue of marine pollutant information contained in the dangerous goods list, with regard to the
substances that meet the criteria for environmentally hazardous substances according to the
GESAMP Hazard Profiles.

3.12 Therefore, having reviewed list of substances presented in document DSC 18/7/8,
the group agreed to incorporate the corresponding amendments for various substances in
the dangerous goods list and in the alphabetical index of the draft amendment 37-14, as set
out in annex 4.

Requirements for the transport of small quantities of environmentally hazardous
substances

3.13 The group considered document DSC 18/7/9 (United States), proposing to amend a
number of provisions in order to align the IMDG Code with provisions adopted within the
eighteenth revised edition of the United Nations Model Regulations on the Transport of
Dangerous Goods.

3.14 The group agreed to include the proposed modification and a consequential
amendment to 3.4.1.2 of the IMDG Code in the draft amendment 37-14, as set out in annex 4.

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Asbestos under UN 2212 and UN 2590

3.15 The group considered document DSC 18/INF.8 (the Netherlands), proposing a
consequential amendment to the text for UN 2212 in column 17 of the dangerous goods list
as a result of revision of the UN Recommendations (18th revised edition), since the
UNSCETDG amended the name for the entry for UN 2212 to read "Asbestos, amphibole"
and the entry for UN 2590 to read "Asbestos, chrysotile". The group agreed to incorporate
amendments to the text of column 17 for UN 2212 in the draft amendment 37-14.

3.16 In this context, the group also considered document DSC 18/7/11 (ITF), proposing
further amendments to the text of column 17 for asbestos and agreed to draft a new handling
code, based on the last two sentences of column 17 in the dangerous goods list for UN 2212
and 2950, and to insert it as a mandatory requirement in column 16a, as set out in annex 4.

Technical name supplementing the proper shipping – MARPOL requirement

3.17 The group considered document DSC 18/7/13 (IPPIC and CEFIC), providing draft
amendments to 3.1.2.9.1 of the IMDG Code in order to solve the problem of the technical name
for marine pollutants.

3.18 In this regard, the group agreed to modify the proposed text in order to clarify that the
requirement applies to documentation in relation to marine pollutants and agreed to include it in
the draft amendment 37-14, as set out in annex 4.

CONSIDERATION OF PROPOSALS REFERRED TO E&T 20 BY DSC 18

Transport provisions for UN 3166

3.19 The group considered document DSC 18/7/3 (Germany), proposing an amendment
to the draft text of SP 962 on the transport of flammable liquid powered vehicles and internal
combustion engines. In this regard, the group noted the concern raised at DSC 18
(DSC 18/WP.1, paragraph 7.5.4).

3.20 The group was of the view that the concern raised by IACS was probably caused by
a different interpretation of what type of cargo spaces are being considered as a "vehicle
space" and noted that the vehicles spaces mentioned in SP 961 mean vehicle spaces which
are specially designed for the purpose of transporting vehicles. The group also recalled that
if vehicles are stowed in such vehicle spaces complying with SOLAS II-2/20, then the IMDG
Code does not apply to the transport of those vehicles. On the other hand, if the conditions
of 961.2 to 961.7 are complied with, the vehicles can be transported as non-dangerous
goods in a cargo space in accordance with the applicable SOLAS requirements. The group
further recalled that the fact that a vehicle is shipped as non-dangerous goods in a cargo
space does not change its specification as a normal cargo space.

3.21 Furthermore, the group noted that if the conditions of SP 961 are not met, the
vehicles have to be transported as Class 9 cargo in cargo spaces that comply with
SOLAS II-2/19. The fact that a vehicle is shipped as Class 9 in a cargo space also does not
change its specification as a normal cargo space. Therefore, the group was of the opinion
that SP 961 and SP 962 do not result in an exemption or in the need for a
statement/certificate of equivalence with SOLAS regulation II-2/20. Finally, the group
recommended that IACS should be invited to develop a related unified interpretation to avoid
this misinterpretation.

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3.22 Regarding the issue of the need for a competent authority approval of fuel quantities
above 250 litres, the group noted that this approval would be only required occasionally for
some specific cases, and agreed to include the proposed amendment to SP 962 in draft
amendment 37-14, as set out in annex 4.

Introduction of the function of a safety adviser

3.23 The group considered document DSC 18/7/4 (Germany), proposing the introduction
of the function of a safety adviser for the transport of dangerous goods in the IMDG Code in
the context of non-declared and misdeclared dangerous goods.

3.24 The group discussed the concept and further possible measures, and concluded
that it is not appropriate to include the same regulations in the IMDG Code as those for
European land transport, but that an additional development of the existing training
provisions in the IMDG Code may help to increase the level of compliance in this regard.

Special provisions applicable to certain substances, materials or articles

3.25 The group considered document DSC 18/7/5 (Belgium), proposing a new special
provision (SP) on marine pollutants within the IMDG Code, in order to clarify for which entries the
proper shipping name for the marine pollutants needs to be supplemented with the chemical
name. After an intensive discussion, the group agreed that the proposal has merit but it needs
further development of the text to be contained in the special provision and with regard to the list
of generic and n.o.s. entries to which the special provision would apply. The group invited
interested Member States and international organizations to submit related proposals to CCC 1.

Revision of DSC/Circ.12

3.26 The group considered document DSC 18/INF.15 (United States), providing a draft
revised version of DSC/Circ.12 on Guidance on the continued use of existing IMO type
portable tanks and road tank vehicles for the transport of dangerous goods.

3.27 Having noted that the transitional period allowing deviating tank instructions ran out,
but that tanks of this type are still in use, which were constructed according to the former
construction requirements, the group concluded that a circular on the use of IMO type tanks
is still needed. However, taking into account that the purpose of such a circular has changed
(no more relaxation from tank instructions), a new circular should be issued considering the
following:

.1 the text of former versions of the IMDG Code regarding construction of
tanks, which are included in the DSC/Circ.12, should remain unchanged;

.2 identify only those parts that need to be updated; and

.3 the language of the circular should be in line with the terms used in the
IMDG Code.

3.28 Therefore, the group invited the delegation of the United States to note the above
recommendations, when coordinating the Correspondence Group on Revision of
DSC/Circ.12.

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Amendments to MSC.1/Circ.1442

3.29 The group considered document DSC 18/7/12 (ICS), recommending amendments to
MSC.1/Circ.1442 on inspection programmes for cargo transport units carrying dangerous
goods in order to improve the ability of Member States and industry to address the problem
of misdeclaration of dangerous goods.

3.30 The group was of the opinion that Competent Authorities should be encouraged to
make use of the ability to report severe infringements to other competent Authorities, and
agreed to invite ICS to submit a concrete proposal with a draft text to CCC 1. Additionally,
the group suggested that it would be very beneficial if information on non-declared or
misdeclared dangerous goods could be shared between Competent Authorities and the
shipping industry.

Amendment to FAL Form 7

3.31 The group considered document DSC 18/7/2, containing the outcome of FAL 38 and
STW 44, together with document FAL 38/4/1. The group reviewed the proposed
amendments to the IMO FAL Form 7 and noted that the new sequence is aligned with the
information in the dangerous goods document.

3.32 Regarding the information for the individual columns in the proposed Form 7, the
group concurred that column 9 should contain the proper shipping name including a required
recognized technical name and the recognized technical name of the marine pollutant, if
applicable.

3.33 The group expressed the view that the information regarding consignor and
consignee should be deleted. Questions were also raised with regard to the need to include
the name and the signature of the master in Form 7.

3.34 In addition, there is a need to ensure that all information required in 5.4.1.4 and
5.4.1.5 in the IMDG Code is included in this new Form 7. In discussing this matter, the group
further noted that a review of 5.4.3 of the IMDG Code might be necessary. Therefore, the
group agreed to invite interested Member States and international organizations to submit
related proposals to CCC 1.

Draft amendment 37-14 to the IMDG Code

3.35 Subsequently, the group finalized the draft amendments (37-14) to the IMDG Code
including the editorial corrections to amendment 35-10 contained in annex 1, as set out in
annex 4, and requested the Secretariat to circulate the final draft amendment 37-14 in
accordance with SOLAS article VIII, for consideration and subsequent adoption by MSC 93.

4 PREPARATION OF DRAFT AMENDMENTS TO IMDG CODE SUPPLEMENTS

Amendments to the EmS Guide

4.1 The group finalized the draft amendments to the EmS Guide (MSC/Circ.1025), as
set out in annex 5.

4.2 The group requested the Secretariat to prepare and submit the draft MSC Circular
on Amendments to the Emergency response procedures for ships carrying dangerous goods
(EmS Guide) for consideration and subsequent approval by MSC 93.

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5 ANY OTHER BUSINESS

Methyl bromide

5.1 The group considered document DSC 17/3/5 (Islamic Republic of Iran), proposing a
prohibition of methyl bromide as disinfecting agent in cotton. In this context the group agreed
to bring to the attention of the Islamic Republic of Iran that fumigation issues are dealt with,
within MSC.1/Circ.1361 and invited them, should it be considered appropriate, to submit a
proposal to CCC 1.

6 ACTION REQUESTED OF THE SUB-COMMITTEE

6.1 The Sub-Committee is invited to approve the report in general and, in particular, to:

.1 note that the group prepared the editorial corrections to the English text
regarding amendment 36-12 to the IMDG Code (resolution MSC.328(90))
and requested the Secretariat to issue a note verbale thereon, before the
entry into force of amendment 36-12 and to take action as appropriate
regarding the footnote references in the electronic version of the
IMDG Code which are quoted as "Notes" (paragraphs 2.1 to 2.3 and
annex 1);

.2 note the deliberations of the group regarding the replacement of the term
"Marine Pollutant" or "Marine Pollutant/Environmentally Hazardous" and
that interested delegations and international organizations were invited to
submit proposals on this issue to the RID/ADR/ADN joint meeting
(paragraph 3.3);

.3 note the draft amendments to packing provisions on water-reactive
materials prepared by the group and agree to forward these to E&T 23
when preparing the draft amendment 38-16 to the IMDG Code
(paragraph 3.4 and annex 2);

.4 regarding the reorganization of column 16 of the dangerous goods list, note
the actions taken by the group to finalize the corresponding draft
amendment (paragraphs 3.5 to 3.7 and annex 3);

.5 relating to the checks before replacing a refrigerant gas, note that the group
included amendments concerning refrigerants to paragraph 7.3.7.2.4
(paragraphs 3.8 to 3.10 and annex 4);

.6 note the action taken by the group to amend 7.3.3. of the IMDG Code in
order to clarify the responsibilities of the involved parties and to reproduce
regulations 1 and 2 of annex 1 of the CSC Convention in section 1.1.2 of
the IMDG Code (paragraphs 3.8 to 3.10 and annex 4);

.7 note the actions taken by the group to incorporate amendments for various
substances in the dangerous goods list and in the alphabetical index
regarding substances that meet the criteria for environmentally hazardous
substances according to the GESAMP Hazard Profiles (paragraphs 3.11
and 3.12 and annex 4);

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.8 note the action taken by the group to include the modification and a
consequential amendment to 3.4.1.2 regarding requirements for the
transport of small quantities of environmentally hazardous substances and
in order to align the IMDG Code with the UN Model Regulations
(paragraphs 3.13 and 3.14 and annex 4);

.9 note the action taken by the group to include consequential amendments
regarding asbestos in the dangerous goods list for UN 2212 and 2950
(paragraphs 3.15 and 3.16 and annex 4);

.10 note the modifications prepared by the group to requirements concerning
documentation in relation to marine pollutants (paragraphs 3.17 and 3.18
and annex 4);

.11 regarding transport provisions for UN 3166, note the corresponding
amendment to SP 962 and agree to invite IACS to develop a related unified
interpretation (paragraphs 3.19 to 3.22 and annex 4);

.12 regarding the concept of introducing the function of a safety adviser in the
IMDG Code in the context of non-declared and misdeclared dangerous
goods, note the group's view that an additional development of the existing
training provisions in the IMDG Code may help to increase the level of
compliance in this regard (paragraphs 3.23 and 3.24);

.13 note the views held in the group regarding a new special provision on
marine pollutants applicable to certain substances, materials or articles and
invited interested Member States and international organizations to submit
related proposals to CCC 1 (paragraph 3.25);

.14 regarding the revision of DSC/Circ.12, note that the group invited the
delegation of the United States to note the group's recommendations for
coordinating the correspondence group on revision of DSC/Circ.12
(paragraphs 3.26 to 3.28);

.15 note the views and recommendations of the group regarding amendments
to MSC.1/Circ.1442 on inspection programmes for cargo transport units
carrying dangerous goods and agree to encourage competent Authorities
to make use of the ability to report severe infringements to other competent
Authorities (paragraphs 3.29 and 3.30);

.16 regarding the revision of FAL Form 7, note the opinion of the group that a
review of 5.4.3 of the IMDG Code might be necessary and that interested
Member States and international organizations were invited to submit
related proposals to CCC 1 (paragraphs 3.31 to 3.34);

.17 note that the group finalized the draft amendment 37-14 to the IMDG Code
and requested the Secretariat to circulate the final draft amendment 37-14
of the IMDG Code in accordance with SOLAS article VIII, for consideration
and subsequent adoption by MSC 93 (paragraph 3.35 and annex 4);

.18 note that the group finalized the draft amendments to the EmS Guide
(MSC/Circ.1025) and requested the Secretariat to submit them for
consideration and subsequent approval by MSC 93 (paragraphs 4.1
and 4.2 and annex 5);

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