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Decree Of 16 July 2002 Amending The Regulations Annexed To The Decree Of July 18, 2000, The Transport And Handling Of Hazardous Materials At Seaports

Original Language Title: Arrêté du 16 juillet 2002 portant modification du règlement annexé à l'arrêté du 18 juillet 2000 relatif au transport et la manutention des matières dangereuses dans les ports maritimes

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JORF no. 204 of 1 September 2002 page 14549
text No. 24



Decree of 16 July 2002 amending the Regulations annexed to the Order of 18 July 2000 on the Transport and Handling of Dangerous Goods in Maritime Ports

NOR: EQUK0201215A ELI: https://www.legifrance.gouv.fr/eli/arrete/2002/7/16/EQUK0201215A/jo/texte


Minister of Economy, Finance and Industry, Minister of Equipment, Transport, Housing, Tourism and the Sea and Minister of Ecology and Sustainable Development,
Considering the code of the marine ports, including its book III relating to the police of the marine ports;
In view of the decision of 18 July 2000 regulating the transport and handling of dangerous substances in the marine ports;
In view of the opinion of the subcommission "Marine ports" in its meeting of 13 June 2002, which, by decision of 1 March 2000, received delegation from the interdepartmental commission on the transport of dangerous goods;
On the proposal of the Director of Maritime Transport, Ports and Lands,
Stop:

Article 1 Learn more about this article...


The Regulations annexed to the above-mentioned Order of 18 July 2000 are amended as follows:
I. - The text of section 518 of chapter II is replaced by the following text:
"518. DISPOSAL FOR PREVENTION AND ASSESSMENT TO THE SINISTS OF CHARGEMENT OPERATIONS AND DISARMAMENT
In addition to the safety measures set out in Section III of Title II of these Regulations, the following precautions shall be taken throughout the stay in the port of a vessel or vessel containing ammonium nitrate or ammonium nitrate fertilizers of Class 5.1 or 9 or hot ammonium nitrate solutions, even when the vessel or vessel is not in operation.
These precautions are that the means available to the port to combat the fires can be one instantaneously and the others very quickly implemented to spill water jets increasingly important in the parts of the ship or ship where a fire start would be observed.
The intervention services shall have, for each designated position to receive vessels and vessels containing substances referred to in § 514, water availability or water pumping means, the flow rate of which is based on the maximum tonnage of the authorized cargo and the time required to carry out these means on the post. The following table shows the minimum values of these water flows, provided that the pressure must be sufficient to obtain the required flow. Water availability obtained by ship or ship's own means is not to be considered in this assessment.
The operator must demonstrate that, under any circumstances, it may provide the required water flow within the time limit.


You can see the table in the OJ
n°o 204 of 01/09/2002 page 14549 to 14552



Note. - Local regulations may provide for adjustments to these provisions for loading and unloading of containers.


Any vessel or vessel carrying substances referred to in I shall be required to stay in the port only during the time necessary for loading, unloading or trans-shipment operations and related technical and administrative operations, except for special authorization given by the Port Authority.
The requirements of this Article shall remain valid, even if the ammonium nitrate and fertilizer are not part of the goods on board or disembarked by the vessel or vessel in the port.
In this case, it may be tolerated that water availability according to tonnage is not immediate, if actual arrangements are made to ensure the implementation of these same flows within 10 minutes of an alert. »
II. - The following article 519 is added:
"519. CONTROL OF PREVENTION AND OTHER CONTROL OF CHARGEMENT OPERATIONS AND DISARMAMENT
The local regulations shall:
- on the one hand, the conditions of the operator's compliance with the provisions set out in the table to section 518;
- on the other hand, the composition of the commission responsible for this control. »
III. - The text relating to section 711-2 is replaced by the following provisions:
"711-2. Provisions concerning the protection of workers against the dangers of ionizing radiation:
- Decree No. 86-1103 of 2 October 1986 concerning the radiation protection of workers against the dangers of ionizing radiation;
- Order No. 2001-270 of 28 March 2001 on the transposition of community directives in the field of protection against ionizing radiation;
- Decree No. 2002-460 of 4 April 2002 on the general protection of persons against the dangers of ionizing radiation. »
IV. - The text relating to Article 712 "Shipping" is replaced by the following provisions:
"712. DEPÔTS
Class 7 radioactive material shall remain in the port as soon as possible. They should preferably be boarded or disembarked without having to be deposited on the ground.
In the event of land deposits, the following paragraphs 1 and 2 should be taken into account.
The exceptional cases are subject to the authorization of the port authority in agreement for nuclear material only with the Institute of Radiation Protection and Nuclear Safety (IRSN) and its competent body for transport: "the Operational Transport Scale (EOT).
712-1. Separation of other goods and places occupied by persons
Packages, overpacks, containers and tanks containing radioactive materials must be separated:
- other dangerous goods, regardless of the nature of the danger, by a minimum distance of 6 metres;
- undeveloped photographic film - parcels bearing the inscription: "FOTO ;
- and postal bags, the minimum distances to be observed are shown in the table below:


Minimum distances between packages of categories II-JAUNE or III-JAUNE
and parcels bearing the inscription "FOTO or postal bags



You can see the table in the OJ
n°o 204 of 01/09/2002 page 14549 to 14552



Note. - The transport indices are listed on the hazard labels carried by the packages, overpacks, containers and tanks.


Postal bags are supposed to contain non-developed films and plates and, therefore, must be separated from radioactive material in the same way as non-developed films and photographic plates;
- places occupied by persons, the minimum distances to be observed being shown in the table below:


Minimum distances between packages of categories II-JAUNE
or III-JAUNE and people



You can see the table in the OJ
n°o 204 of 01/09/2002 page 14549 to 14552



712-2. Limitation of the quantity of radioactive material stored
The number of packages, overpacks, tanks and containers containing fissile material stored in the same location shall be limited in such a way that the sum of the criticality safety indices of the same package group, overpacks, tanks or containers does not exceed 50.
Package groups, overpacks, tanks or containers containing fissile material must be stored in a manner that allows a distance of at least 6 metres between them.
When the criticality safety index of a vehicle, package, overpack, tank or container exceeds 50, the storage shall be such that a distance of not less than 6 metres is maintained from other packages, overpacks, tanks or containers or from other vehicles containing fissile material.
The mixture of packages of different types of radioactive material, including fissile material, and the mixture of different types of packages with different transport indices is permitted subject to any additional requirements specified in the approval certificate(s) issued by the competent authorities. »
V. - The text of articles 713, 714-1 and 715 is replaced by the following:
"713. GARDIENNING
Custody of land deposits or parking ground vehicles containing radioactive material of Class 7, in any quantity, is obligatory with the exception of radioactive material under UN Nos. 2908 to 2911.
Materials under UN Nos. 2912, 2913, 2915, 2978, 3321, 3322 and 3332, to the extent that there are sufficient protection opportunities, may be exempted from the custodial requirement subject to a local regulation.
The guarding of the packages may, however, be replaced by a deposit in a local designated by the Port Authority.
Guarding of vessels or vessels containing radioactive material in Class 7 is mandatory except for radioactive material under UN Nos. 2908-2911.
714-1. Quay and earth-pleins
The docks and terra-pleins on which Class 7 radioactive material has been stationed shall, apart from the radioactive material under UN Nos. 2908 to 2911, within a period and following a periodicity established by the local regulations, undergo a control of the absence of radioactive contamination by a qualified person. By qualified person, the competent person must be heard as defined in Article 17 of Decree No. 86-1103 of 2 October 1986 or an authorized technician acting under the responsibility of the competent person.
A record of this control will be forwarded to the Minister for Health (General Directorate for Nuclear Safety and Radiation Protection).
715. MANUTION OF COLIS
For Class 7 radioactive material pertaining to UN Nos. 2916, 2917, 2919, 2977, 3323 to 3331 and 3333, discharged from a ship, the shipper or consignee or their representatives will be required to conduct a qualitative verification of the packages and to control the intensity of radiation and surf contamination.
In the event of a finding on a package of radioactive material either of a deterioration, or of a defect (and even in the case of a mere doubt on the packaging), the personnel will have to step aside and alert, in addition to the Port Authority, either the shipper, or the consignee or its representative, which will take the necessary measures to isolate the damaged package; in the case of carriage in exclusive use, the shipper or its representative. »

Article 2 Learn more about this article...


Section 3 of the above-mentioned Order of 18 July 2000 is replaced by the following provisions:
"The draft local regulations set out in the Regulations annexed to this Order shall be locally instructed and transmitted to the Minister for Maritime Ports no later than 31 December 2003, in order to present them for advice to the subcommission "Marine ports". »

Article 3


The Director of Maritime Transport, Ports and Lands and the Director General of Nuclear Safety and Radiation Protection are responsible for the execution of this Order, which will be published in the Official Journal of the French Republic.


Done in Paris, July 16, 2002.


Minister of Equipment, Transportation,

housing, tourism and the sea,

For the Minister and by delegation:

The Director of Maritime Transport,

ports and coastline,

A. Gille

Minister of Economy,

finance and industry,

For the Minister and by delegation:

The Director General of Nuclear Safety

and radiation protection,

A.-C. Lacoste

Minister of Ecology

and Sustainable Development

For the Minister and by delegation:

The Director General of Nuclear Safety

and radiation protection,

A.-C. Lacoste


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