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Decree Of 5 December 2002 Concerning The Carriage Of Dangerous Goods By Inland Waterway (Said "stopped Rdna")

Original Language Title: Arrêté du 5 décembre 2002 relatif au transport des marchandises dangereuses par voie de navigation intérieure (dit « arrêté ADNR »)

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Summary


Application de la directive 98/34/EC du Parlement et du Conseil du 22-06- 1998, modifié par la directive du Parlement européen et du Conseil 98/48/CE du 20-07-1998, prévue une procédure d'information dans le domaine des normes et regulations techniques. Repeal of the amended 12-03-1998 order.

Keywords

EQUIPMENT , TRANSPORT , FLUVIAL TRANSPORT , RHIN , NAVIGATION , INLAND NAVIGATION , TRANSPORT OF GOODS , TRANSPORT OF DANGEROUS GOODS , ADNR , REGULATION , ARRETE ADNR

Subsequent links




JORF no. 301 of 27 December 2002 page 21736
text No. 31



Arrest of 5 December 2002 concerning the carriage of dangerous goods by inland navigation (known as "ADNR Order")

NOR: EQUT0201755A ELI: https://www.legifrance.gouv.fr/eli/arrete/2002/12/5/EQUT0201755A/jo/texte


Minister of Economy, Finance and Industry, Minister of Equipment, Transport, Housing, Tourism and the Sea and Minister of Ecology and Sustainable Development,
Having regard to Directive 98/34/EC of the Parliament and Council of 22 June 1998, as amended by the Directive of the European Parliament and Council 98/48/EC of 20 July 1998, providing for an information procedure in the field of technical norms and regulations;
Considering Act No. 263 of 5 February 1942 on the transport of dangerous substances;
Having regard to Act No. 75-1335 of 31 December 1975, as amended, on the recognition and punishment of public and private transport offences;
In view of the amended Decree No. 73-912 of 21 September 1973 on the General Regulations for the Police of Inland Navigation;
In view of Decree No. 88-228 of 7 March 1988 concerning the service of inland navigation vessels for the carriage of goods;
Considering Decree No. 2001-386 of 3 May 2001 on transportable pressure equipment;
Considering Resolutions No. 2001-II-27 of 29 November 2001 and No. 2002-I-37 of 30 May 2002 adopted by the Central Commission for the Navigation of the Rhine (CCNR);
Considering the decision of 17 March 1988 concerning the classification of inland navigation zones;
Having regard to the order of 17 March 1988 concerning the conditions for the issuance of community certificates and certificates of inland navigation vessels for the carriage of goods;
Considering the decree of 27 March 1991 concerning visits, expertise and controls of inland navigation vessels intended for the carriage of goods;
Having regard to the amended decision of 1 June 2001 on the carriage of dangerous goods by road (known as "ADR");
In view of the opinion of the Inter-Ministerial Commission on the Transport of Dangerous Goods (CITMD) in its session of 13 November 2002,
Stop:

  • PART I: GENERAL PROVISIONS Article 1


    Purpose of the present order:
    1. The purpose of this Order is to supplement the provisions of the ADNR Regulation referred to in Article 2, and, where appropriate, to define the rules specific to the carriage of dangerous goods carried in France by inland navigation, whether national or international. It contains an annex that is the Regulations for the Transport of Dangerous Goods on the Rhine (ADNR itself).
    With regard to the numbers cited in this Order:
    - an article number refers to an article of this order;
    - a party number refers to part of the ADNR regulations;
    - a short number is a numbered reference to the said regulations.
    2. Certain dangerous goods explicitly designated in Part 2 may not be transported by inland waterways unless specified in Articles 17 and 18.
    3. The carriage of other dangerous goods shall be permitted only if the conditions laid down by this Order and its annex are met, in particular with regard to:
    - classification of dangerous goods to be transported and their mode of shipment;
    - the construction, testing, approval, marking, periodic inspection and conditions of use of packagings, containers, IBCs, large packagings, containers and tanks;
    - labelling of packagings, containers, IBCs and large packagings;
    - closet and signage of containers and tanks;
    - the rules of construction and the approval of the ships;
    - loading and unloading, traffic and parking of ships;
    - the signage and navigation of the ships;
    - training of agents and organisation of enterprises;
    - transport documents.
    4. Only equipment that meets the definitions and requirements explicitly stipulated in this Order or its annex may be used for the carriage of dangerous goods.
    5. This Order shall apply without prejudice to the provisions specific to the carriage of dangerous goods prescribed by the regulation of marine ports, by the regulations relating to transportable pressure equipment, by regulations specific to certain types of dangerous goods, such as nuclear materials, explosives, hazardous wastes, food materials or by regulations relating to emissions of volatile organic compounds (VOCs).
    6. This Order does not apply:
    (a) To transport excluded by 1.1.3.1, 1.1.3.2 and 1.1.3.3;
    (b) To transport dangerous goods that are loaded in transport equipment to serve their operation and their various mechanisms, heating, cold production, lighting and signalling.

    Article 2


    Definitions. - For the purposes of this order, the following means:
    - ADNR: the Regulation for the Transport of Dangerous Goods on the Rhine, adopted by Resolutions No. 2001-II-27 of 29 November 2001 and No. 2002-I-37 of 30 May 2002 of the Central Commission for the Navigation of the Rhine (CCNR), in Strasbourg;
    - ADR: the European Agreement concerning the International Carriage of Dangerous Goods by Road, dated 30 September 1957, issued by Decree No. 60-794 of 22 June 1960 referred to above. Annexes A and B to this Order are Annexes A and B to this Agreement, including amendments effective 1 January 2003;
    - dangerous goods: substances and articles whose carriage by inland waterways is prohibited or permitted only under certain conditions by this Order and its annex;
    - are also applicable to the definitions given in the ADNR Regulation, including 1.2.1, as well as those of the different classes of dangerous goods given in Part 2;
    - national transport: transport by inland waterway between two French ports not located on an international waterway subject to the resolutions of the Central Commission for the Navigation of the Rhine and the Moselle Commission and not at any time taking an international waterway so defined.
    The TMD acronym refers to the regulations for the transport of dangerous substances by rail, by land and by inland waterways, approved by order of 15 April 1945, as amended.

    Article 3


    Decisions and opinions of the competent authority:
    1. Where this order or its annex requires a decision of the French competent authority or the issuance of a certificate by that authority, the competent authority shall be the Minister for Transport, except for the carriage of radioactive and fissile material for civilian use, for which the Minister for Industry and the Minister for the Environment shall jointly exercise the powers of the competent authority.
    2. With respect to national transport and international transport originating in France, where the Annex to this Order requires a decision of the competent authority or the issuance of a certificate by that authority, the Minister for Transport is competent, excluding the transport of radioactive and fissile material for civilian use for which the Minister for Industry and the Minister for Ecology and Sustainable Development jointly exercise the powers of the competent authority.
    3. The provisions relating to the notification of the transport of dangerous substances of Class 7 referred to in 5.1.5.2.4 shall apply in the manner defined in Article 12 of this Order.
    4. For the execution of national and international transport, the following decisions, marks and documents are also recognized when they are taken by the competent authorities of the Member States of the European Union, the Contracting States to the agreement establishing the European Economic Area or the States signatories of the Rhine Convention other than France, or by the experts, the bodies or services recognized or approved in particular by these competent authorities, subject to compliance with the specific conditions of validity
    - vessel certificates (8.1.8, 8.1.9, 8.6.1);
    - classification certificates (9.1.0.88, 9.2.0.88, 9.3.1.8, 9.3.2.8, 9.3.3.8);
    - until 31 December 2003, certificates of approvals of Type B(U)-85 packages that do not carry low-dispersible radioactive material or fissile material, referred to in 1.6.6.2.2 of the ADR;
    - certificates of approvals of Type B(U)-96 package models that do not carry low-dispersible radioactive material or fissile material, referred to in 6.4.23.4 of the ADR;
    - certificates of approvals of type C-96 package models that do not carry fissile material, referred to in 6.4.23.4 of the ADR;
    - the certificates of approvals of radioactive material in special form, referred to in 1.6.6.3 and 6.4.23.8 of the ADR;
    - training certificates for the transport of dangerous goods on occasions 8.2.2.8;
    - valid control sheets of extinguishers, hoses and drying systems;
    - documents relating to electrical installations, gas detectors and special equipment.

  • PART II: PROVISIONS APPLICABLE TO THE TRANSPORT OF DANGEROUS GOODS Article 4


    The respective missions of the various stakeholders during loading and unloading operations: the following requirements complement the obligations of the driver and the person responsible for handling the ground installations to 7.1.1 and 7.1.4:


    1. Transport in packages or bulk


    For shipments of parcels or bulk, it is up to the person responsible who delivers the goods to the transport to ensure that the following provisions are complied with, provided that they are applicable to the intended carriage:
    - the transport document and the written record(s) for the driver appear in the vessel's flight documents;
    - the "dangerous material" expert holds a valid training certificate that is suitable for the transport to be undertaken;
    - the vessel is equipped with its valid certificate of approval and adapted to the transport to be undertaken. It is the responsibility of the driver to ensure that:
    - the cargo holds and bridges have been cleaned;
    - the prohibitions of joint loading are respected (according to the goods to be loaded and, where applicable, goods already on board);
    - the loaded parcels are properly calibrated and secured;
    - the tonnage of the goods transported does not exceed the permissible limits.


    2. Transport in tank vessels


    It is the responsibility of the person responsible for returning the goods to the transport to ensure that the following provisions are complied with, provided that they are applicable to the intended carriage:
    - the transport document and the written record(s) for the driver are contained in the vessel's flight documents;
    - the "dangerous material" expert holds a valid training certificate that is suitable for the transport to be undertaken;
    - the tank vessel is equipped with its valid certificate of approval and adapted to the transport to be undertaken;
    - the tank vessel is authorized for the transport of the product to be loaded;
    - the tanker was, if necessary, properly cleaned and/or degassed. In this case, a certificate certifying the cleaning and/or degassing shall be included in the vessel's flight documents.


    3. Transfer of intermodal transport units
    (containers, tank containers and road vehicles)


    During boat transfer operations, the obligations listed under number 1, for the loading of packages, apply.
    It is also up to the driver to check:
    - the apparent good condition of intermodal transport units;
    - the presence of hazard labels (and orange panels) on intermodal transport units.

    Article 5


    Food transport. - In the same cargo tank, alternate transport of non-food dangerous goods and foodstuffs is prohibited.

    Article 6


    Flexible. - The hoses used for the loading and unloading of vessels carrying dangerous goods in a liquid state are subject to the provisions contained in Annex D 1 of the aforementioned ADR Order.

    Article 7


    Visit rules. - References to the inspection regulations of the Rhine boats, repeated in Part 9 of the ADNR Regulation, except that relating to the stability of the vessel of 9.1.0.94, shall be replaced, for vessels not equipped with a certificate of visit issued pursuant to this Regulation, by references to the corresponding regulatory texts relating to the service of inland navigation vessels for the carriage of goods: Decree No. 88-228 of 7 March 1988, decree of 17 March 1988

    Article 8


    Police regulations. - References to the Police Regulations for the Navigation of the Rhine included in Part 7 of the ADNR Regulation shall be replaced, for inland waterways not subject to this Regulation, by the corresponding provisions of the General Police Regulations for Inland Navigation (RGP) issued by Decree No. 73-912 of 21 September 1973 referred to above and the specific Police Regulations (RPP) for local particularities.

    Article 9


    Seafarers. - The provisions of 9.2 of the ADNR Regulations are applicable only to inland waterways with large gauges of the Rhine basin and to inland waterways with large gauges in connection with the Rhine basin.

    Article 10


    Training. - The provisions of 8.2 of the ADNR Regulation are applicable for the training of experts "dangerous substances". The accredited training bodies are subject to the corresponding provisions of Article 39 of the above-mentioned ADR Order. The terms of reference include the technical and pedagogical means, the qualifications of teachers and the conditions for the organization of examinations. The training certificates are issued by the head of the navigation service in Strasbourg.

    Article 11


    Provisions concerning the loading and unloading and parking of vessels. - The provisions of Part 7 of the ADNR Regulation relating to the loading and unloading of vessels, the trans-shipment and the parking of vessels may be specified by prefectural orders made after the advice of the inter-ministerial commission of the transport of dangerous substances (CITMD).

    Article 11 bis


    The security advisor. - The purpose of this Article is to supplement the provisions of Chapter 1.8.3 of the ADNR Regulation.


    1. Exemptions


    Companies exempted from the application of 1.8.3 under 1.8.3.2 are those whose only activities are:
    - transport of dangerous goods excluded from the requirements of the regulations for the carriage of dangerous goods applicable to the ground mode and loading or unloading operations related to such transport;
    - transport of dangerous goods in packages, in lower quantities, per unit of [road transport, wagon or vessel], to the thresholds defined in 1.1.3.6 of the ADNR and loading or unloading of dangerous goods in packages in lower quantities, by operation, to these thresholds;
    - unloading of dangerous goods.
    However, companies performing unloading operations at facilities in the following cases cannot benefit from this exemption:
    - facilities subject to authorization under the legislation of basic nuclear facilities;
    - facilities subject to authorization under the law of facilities classified for the protection of the environment, as long as the unloaded goods are mentioned in the designation of activities subject to authorization of the corresponding section of the nomenclature of facilities classified for the protection of the environment.


    2. Appointment of adviser


    The head of any company concerned must indicate the identity of its advisor or, if any, its advisors following the security advisor's statement form in Appendix D 9 of the ADR Order referred to the prefect of the department - regional management of the equipment where the company is domiciled. A copy of the certificate of the advisor(s) is attached to the statement. When the advisor is a person outside the company, a statement must be attached to that statement indicating that he accepts this mission.
    When a company designates several advisors, it must specify the scope (geographic, thematic or other) of each of them.
    When the advisor is no longer in a position to perform his or her duties, the head of the business is required to appoint a new advisor, no later than two months. The head of business must indicate within fifteen days this change to the department's prefect - regional management of the equipment where the company is domiciled.


    3. Certificate withdrawal


    The certificate may be withdrawn by decision of the competent minister, if it turns out that the advisor failed in the exercise of his or her duties, including paragraph 1 of 1.8.3.3, and items 4 and 5 of this section.


    4. Accident report


    The requirement for an accident report under 1.8.3.6, each for the purpose of the accident report, shall be for business advisors who have carried out the packaging, loading, filling or transport operations. The report must be accompanied by an analysis of the causes and recommendations written by the advisor to avoid the renewal of such accidents.
    When the accident occurred during the unloading, the company advisor who discharged the goods is also required to prepare a report.
    When an accident involves goods of Class 7, the advisors of the companies involved in the packing, loading, filling or transport operations, and, where applicable, unloading, each assist in the drafting of a joint accident report.
    When the accident occurred in the national territory and met the criteria set out in 1.8.5.3, the corresponding reports shall be forwarded to the prefect of the department - regional management of equipment - from the place where the accident occurred, to the Ministry of Equipment, Transport, Housing, Tourism and the Sea - direction of the ground transportation - mission of the transport of hazardous materials - as well as to the ministry responsible for the industry


    5. Annual report


    The annual report referred to in 1.8.3.3 quantifies the activities of the company within the scope of the advisor and must also include a summary of its actions in accordance with the tasks set out in 1.8.3.3 and proposals made for safety improvement, as well as a summary of the accidents occurring.
    When the head of the company has designated several advisors, it must prepare a synthesis report for the entire company, including, in the annex, the reports of its various advisors.
    The annual report must be retained by the company for five years and be submitted to any requisitions of officials who are authorized to note the offences relating to the carriage of dangerous goods, beginning on March 31 of the year following the one in question in the report.


    6. Approved bodies


    After the advice of the interdepartmental commission on the transport of dangerous goods, the competent minister shall, by order, designate the body responsible for conducting the examinations and issuing the certificates, in accordance with 1.8.3.10. The order specifies the composition and specific operating procedures of the body, as well as the composition of the jury.
    The bodies authorized to provide further training and renew the validity of the certificate shall be approved by the competent minister, after the advice of the inter-ministerial commission for the carriage of dangerous substances, in accordance with the terms of Article 39 ADR.

    Article 12


    Notice of shipment to the Ministry of Industry, the Ministry of Environment and the Ministry of Interior for certain radioactive materials:
    1. The advance notice in 5.1.5.2.4 shall be sent by the consignor to the Ministry of Industry and the Ministry of the Environment (General Directorate of Nuclear Safety and Radiation Protection), as well as to the Ministry responsible for the Interior (Defence and Civil Safety Branch - COGIC -, TMR cell) with a copy to the carrier.
    2. The advance notice referred to in paragraph 1 must be received at least seven working days before the shipment. Information is sent by fax.
    3. The pre-transport notice shall specify the information specified in 5.1.5.2.4, d) in the following form:
    (a) The substances transported:
    - name(s) of the radioactive material(s) and the nuclide(s);
    - activity;
    - mass (if it is fissile material), description of the physical state or indication that it is material in special form or low dispersible radioactive material (specify the rating of the certificate in both cases);
    - transport index.
    (b) Packagings used:
    - number, type, identification numbers (certificate number and serial number);
    - gross weight.
    (c) The conditions for carrying out the transport:
    - boat name and driver name;
    - itinerary;
    - schedule (departure, arrival, border crossing);
    - nights (place, arrival time, departure time);
    - mobile phone number on board.
    (d) Names, addresses and telephone numbers:
    - of the sender;
    - the carrier;
    - the recipient;
    - subcontractor(s).
    (e) The special provisions (as applicable):
    - prohibited means of extinction.

  • PART III: PROVISIONS FOR NATIONAL TRANSPORT OF DANGEROUS GOODS Article 13


    Provisions for receptacles intended for the carriage of compressed, liquefied or pressure-relief gases of Class 2. - Transportable pressure receptacles, constructed in accordance with the provisions of the amended Decree of 18 January 1943 and the texts taken for its application, which have not been subject to the reassessment of the conformity referred to in Article 6 of Decree No. 2001-386 of 3 May 2001 concerning transportable pressure equipment may continue to be used for transport after 1 January 2003. A Minister of Industry Order will specify the rules applicable to the operation of these containers.

    Article 14


    Transport document. - The consignor who delivers the transport of the gas receptacles shall certify in the transport document provided for in Chapter 5.4, or confirm in writing on a separate document, that the packages conform to the provisions of the regulations of Annex A to the aforementioned ADR Order.

  • PART IV: PROVISIONS CONCERNING ORGANIZED Article 15


    General provisions. - The provisions relating to bodies authorized under articles 33, 34, 36, 39 and 41 to 45 of the above-mentioned ADR Order are applicable for inland waterway transport.

    Article 16


    Special provisions:


    1. Accreditation of ships


    Vessel certificates provided for in 8.1.8 and interim certificates provided for in 8.1.9 shall be issued by prefects (navigation services).
    For dual-hull vessels carrying dry cargo, the approval is subject to the issuance of the certificate established by a classification society under the conditions set out in 9.1.0.88. For vessels, approval is subject to the issuance of the certificate established by a classification society provided for in 9.2.0.88.
    For tank vessels, approval is subject to the issuance by a classification society of certificates referred to in 7.2.2.8.


    2. National Visit Certificate


    Certificates of approval for vessels not equipped with a visiting certificate issued pursuant to the Rhine Vessel Inspection Regulations shall bear a mention that their validity is limited to inland waterways other than to large gauges of the Rhine Basin.

  • PART V: DEROGATIONS Article 17


    Derogations for national transport. - Depending on the powers specified in section 3 of this Order, the Minister for Transport or the Minister for Industry and the Minister for the Environment may (may), on the advice of the Inter-Ministerial Commission on the Transport of Dangerous Goods (CITMD), grant exemptions to the requirements of this Order for national transport; the maximum duration of these exemptions is five years.

    Article 18


    Derogations for the Rhine. - Derogations for the carriage of dangerous goods on the large-scale Rhine basin shall be issued in accordance with 1.5.1.1, 1.5.1.2, 1.5.1.3 and 1.8.1.1 of ADNR Regulations, as specified below:
    - for the application of 1.5.1.1 of the said Regulation (Temporary Prescriptions), by the head of the Navigation Service of Strasbourg;
    - for the application of the 1.5.1.2 of the said Regulation (Special Authorities), by the head of the Navigation Service of Strasbourg. However, the head of this service will provide a one-month period for the consultation of the dangerous goods transport mission on its proposed response to the applicant. In the absence of a response from the Transportation of Dangerous Goods mission at the end of this period, its notice is deemed tacitly favourable;
    - for the application of the 1.5.1.3 of the said Regulation (Equivalences and exemptions), by the heads of the services of the Nord-Pas-de-Calais, the Seine (Paris), the Nord-Est and Strasbourg;
    - for the application of 1.8.1.1 of the said regulation (Controls), on the one hand, the officers of the airline, on the other hand, the agents of the services of the navigation of Strasbourg as well as the autonomous Port of Strasbourg that have been commissioned either by the head of the navigation service of Strasbourg, or by the director of the autonomous Port of Strasbourg, acting each with regard to it.

  • PART VI: OTHER PROVISIONS Article 19


    Transitional provisions. - Without prejudice to the transitional provisions set out in the annexes to this Order, the following transitional provisions shall apply for national carriage of dangerous goods on inland waterways:


    1. Provisions concerning vessels


    Dry cargo vessels not in accordance with ADNR Regulation 7.1.2, but authorized on 31 March 1998, may continue to be used for inland transport in France, according to the following schedule:


    You can see the table in the OJ
    n° 301 of 27/12/2002 page 21736 to 21739



    Tank vessels not meeting the requirements of 7.2.2 of ADNR Regulation, but authorized on 31 March 1998, may continue to be used, for national transport, until the normal date of the second visit made after 31 March 1998 and not exceeding 31 March 2006.
    In addition, the requirement "NRT" mentioned in the tables of the transitional provisions of Chapter 1.6, subsection 1.6.7.1 for dry cargo vessels, and subsection 1.6.7.2 for tank vessels, is also applicable to vessels constructed and equipped after December 31, 1994 and before March 31, 1998.


    2. Provisions concerning training certificates


    The training certificates for "dangerous substances" experts that were issued in accordance with the provisions of the gtr by March 31, 1998 remain valid until their deadline.


    3. Provisions concerning JCML
    and cryogenic receptacles


    For light metal jals and containers (JCML) not in accordance with the requirements of 6.5 of Annex A to the above-mentioned ADR Order, the provisions of Article 49, item 2, of the said Order must be applied.
    For closed cryogenic receptacles whose conformity has not been reassessed in accordance with the provisions of Article 6 of Decree No. 2001-386 of 3 May 2001 on transportable pressure equipment, the provisions of Article 49, item 3, of the said Order shall apply.


    4. Flexible provisions


    The hoses referred to in section 49, point 7, built before July 1, 1999, may still be used until December 31, 2004.

    Rule 20


    The Regulation for the Transport of Dangerous Goods on the Rhine (ADNR), in French version, is available on the website (http://www.ccr-zkr.org/) of the Central Commission for the Navigation of the Rhine (CCNR), Palais du Rhin, 2, Place de la République, 67082 Strasbourg Cedex (telephone: 03-88-52-20-10, fax: 03-88-32-10-72).

    Article 21.


    Orders of 12 March 1998, 17 December 1998 and 11 December 2000 relating to the carriage of dangerous goods by inland navigation are repealed.

    Article 22


    The provisions of this Order shall enter into force on 1 January 2003. However, the rules in force as at 31 December 2002 may continue to be applied until 30 June 2003, in accordance with 1.6.1.1.

    Article 23


    The Director of Land Transport and the Director General of Nuclear Safety and Radiation Protection are responsible, each with regard to the execution of this Order, to be published in the Official Journal of the French Republic.


Done in Paris, December 5, 2002.


Minister of Equipment, Transportation,

housing, tourism and the sea,

For the Minister and by delegation:

The Director of Land Transport,

P. Raulin

Minister of Economy,

finance and industry,

For the Minister and by delegation:

By preventing the Director General

Nuclear Safety

and radiation protection:

The general engineer of mines,

P. Saint Raymond

Minister of Ecology

and Sustainable Development

For the Minister and by delegation:

By preventing the Director General

Nuclear Safety

and radiation protection:

The general engineer of mines,

P. Saint Raymond


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