Key Benefits:
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 Council Directive 96/35/EC of 3 June 1996 concerning the designation and professional qualification of safety advisers for road, rail or inland water transport of dangerous goods;
Having regard to Council Directive 96/49/EC of 23 July 1996 amended on the approximation of the legislation of member States concerning the transport of dangerous goods by rail;
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 on the recognition and punishment of public and private transport offences;
In view of Decree No. 77-1331 of 30 November 1977 on certain offences under the regulations on the transport of dangerous substances;
Considering Decree No. 2001-386 of 3 May 2001 on transportable pressure equipment;
Considering the amended decision of 19 November 1995 on the control of emissions of volatile organic compounds;
Having regard to the amended decision of 1 June 2001 on the carriage of dangerous goods by road (known as "ADR");
Having regard to the amended decision of 5 June 2001 on the transport of dangerous goods by rail (see "RID Order");
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:
Titles I to VI of the above-mentioned decision of June 5, 2001 (as referred to as "RIDR)) are written as follows:
« TITRE I
“ GENERAL PROVISIONS
"Art. 1st. - Object of the present order:
“1. The purpose of this Order is to supplement the provisions of the RID Regulation referred to in Article 2 and, where appropriate, to define the rules specific to the carriage of dangerous goods carried by rail in France, whether national or international. It contains two annexes: Appendix I, which is RID itself, and Appendix II.
With regard to the numbers cited in this Order:
" - an article number refers to an article of this order;
" - a party number is a part of Schedule I;
" - a short number refers to a numbered reference on the margins of Appendix I.
“2. Certain dangerous goods explicitly designated in Schedule I may not be transported by rail unless specified in sections 37 to 39.
“3. The carriage of other dangerous goods shall be permitted only if the conditions laid down by this Order and its annexes are met, in particular with regard to:
" - classification of dangerous goods to be transported and their mode of shipment;
" - the construction, testing, approval, marking and periodic inspection of packagings, containers, IBCs, large packagings, tank containers, portable tanks and tank cars;
" - the conditions of use and labelling of packagings, containers, IBCs and large packagings;
" - the conditions of use, placarding and marking of containers, tank containers, portable tanks, wagons and tank cars;
" - the loading, unloading and parking of the cars;
" - transport documents.
“4. Only equipment that meets the definitions and requirements explicitly stipulated in this Order or its annexes 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 provided for by the regulation of the marine ports, by 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 substances that are loaded in transport equipment to serve their operation and their various mechanisms, heating, cold production, lighting and signalling (especially those for stop signals), or which are carried by drivers and conveyors for the same purpose;
"(c) To transport carried out entirely on railways within the scope of a company, which are nevertheless subject to the provisions of Article 15.
“Art. 2. - Definitions. - For the purposes of this order, the following means:
" - COTIF: the convention on international rail transport, with its two appendices and their annexes, signed in Bern on 9 May 1980;
" - CIM: the uniform rules concerning the contract for international rail transport of goods, which constitutes Appendix B of COTIF;
" - RID: the regulations concerning the international rail transport of dangerous goods, which constitute Annex I of the ITC. This Regulation is reproduced in annex I to the present Order. It includes amendments that come into force on 1 January 2003;
" - dangerous goods: substances and articles whose carriage by rail is prohibited, or authorized only under certain conditions by this Order and its Annexes;
" - intermodal transport units (ITU): containers, mobile and semi-trailers suitable for intermodal transport, the latter term denoting the delivery of a goods using two modes of transport or more but in the same loading unit or the same road vehicle, without loading or depotting.
"Also applicable are the definitions given in Annex I, including 1.2.1, as well as those of the different classes of dangerous goods given in Part 2.
"The TMD acronym refers to the Regulations for the Carriage of Dangerous Goods by Rail, by Land and by Inland Navigation, approved by order of April 15, 1945, as amended.
“Art. 3. - Decisions and opinions of the competent authority:
“1. Where this order or its annexes require a decision of the French competent authority or the issuance of a certificate by that authority, the competent authority shall be the Minister responsible for transport. However, this competent authority is:
" - jointly with the Minister for Industry and the Minister for the Environment for the Transport of Radioactive and Fissile Material for Civil Use;
" - the Minister responsible for the industry when the Minister is competent under amended Decree No. 2001-386 of 3 May 2001 on transportable pressure equipment (especially for the assessment of compliance, reassessment of compliance, periodic inspection, use and maintenance of gas receptacles).
“2. For the execution of national and international transport, the following decisions, marks and documents are also recognized, when taken or delivered by the competent authorities of the Member States of the European Union other than France, or by the experts, bodies or services recognized or approved by these competent authorities, provided that the specific conditions of validity of such decisions, marks and documents are respected and the conditions set out in Annex I to take or issue them (including
“(a) Tests and approvals of the types of packagings, IBCs and large packagings mentioned in Part 6;
“(b) The tests mentioned in 4.1.4.4;
"(c) The approval of the quality assurance program mentioned for the manufacture of packagings, IBCs and large packagings in 6.1.1.4, 6.5.1.6.1 and 6.6.1.2, given by the competent authority of the country in which the approval was granted;
"(d) Approval of the initial and periodic inspection and testing procedures of IBCs, as provided for in 6.5.1.6.4 and 6.5.4.14.1;
“e) Certificates of Accreditation and Minutes of Expertise of the portable tanks referred to in 6.7.2.18, 6.7.3.14 and 6.7.4.13;
“(f) Certificates of approval and minutes of expertise of tank containers, portable tanks or MEGCs mentioned in 6.8.2.3;
“(g) Test certificates for portable tanks mentioned in 6.7.2.19, 6.7.3.15 and 6.7.4.14;
“(h) Test certificates for tank containers, portable tanks or MEGCs mentioned in 6.8.2.4.5;
“(i) Certificates of test of tank cars or battery cars referred to in 6.8.2.4.5 and related to operations referred to in 6.8.2.4.2 and 6.8.2.4.3;
“j) 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;
“(k) 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;
"(l) Certificates of approvals of type C-96 package models that do not carry fissile material, referred to in 6.4.23.4;
“m) Certificates of special registration of radioactive material, referred to in 1.6.6.3 and 6.4.23.8;
“(n) Security advisors certificates mentioned in 1.8.3.
"The above recognition shall apply in the same conditions to decisions, marks and documents referred to in points a, c, d and n taken or issued by the competent authorities of the countries belonging to the European Free Trade Association.
“3. The recognition referred to in paragraph 2 above also applies under the same conditions, but with respect to the performance of international transport alone, to decisions, marks and documents:
" - referred to in points b and e to m, taken or issued by the competent authorities of the countries belonging to the European Free Trade Association;
" - taken or issued by the competent authorities of the contracting countries to the member COTIF or the European Union or the European Free Trade Association.
« TITRE II
" PROVISIONS FOR ALL TRANSPORT
DANGEROUS GOODS
“Chapter 1
“General provisions
“Art. 4. - Stakeholder missions during loading and unloading operations. - In addition to the provisions for loading and unloading of goods, the following measures shall be observed:
“1. Transport in packages and bulk
"It is the responsibility of any facility that carries out the loading to ensure the application of the provisions of this loading order, including:
" - to the prohibitions of joint loading;
" - the calage and the routing of the packages;
" - the requirements on carriage in bulk or in small containers;
" - closet and signage of cars.
“It is the responsibility of the consignee to ensure that the provisions of this decree relating to discharge are complied with.
“2. Tank transport
"It belongs to the person responsible for any establishment that performs the filling to ensure that:
" - the tank is authorized for the transport of the product;
" - the tank does not have a greed;
" - its equipment is in good working condition;
" - the tank was, if necessary, properly cleaned and/or degassed.
"In case of negative control of one of the above elements and if it cannot be brought into conformity, the tank shall not be loaded.
"The person in charge of any facility that performs the filling shall ensure that:
" - the staff authorized to fill have received the training provided in 1.3;
" - the display of the instructions for filling operations was performed;
" - the filling instructions are respected.
"After filling, as after unloading, the consignor establishment and the recipient establishment must verify that:
" - all closure devices are in closed and leakproof position;
" - closet and signage are in accordance.
“3. Transfer of goods between rail transport
and other modes of transport
"The managers of the transfer yards must ensure that:
" - the staff authorized for the trans-shipment received basic training;
" - transshipment instructions are displayed and respected.
"It belongs to the person responsible for the car transfer operation:
"to ensure:
" - to the prohibitions of common loading of packages;
" - to the calibration and routing of packages or intermodal transport units;
" - closet of the wagons loaded with packages;
" - to check:
" - the apparent good condition of packages or intermodal transport units;
" - the presence of placards and orange panels on intermodal transport units.
"Art. 4 bis. - Loading statement. - The person responsible for the loading facility must certify either in the loading declaration or in a statement except that the person has complied with the obligations made to it in section 4.
“Art. 5. - Mission of the railway carrier before consignment of the cars. - Before the shipment of wagons containing dangerous goods and without prejudice to the obligations of the consignor, the railway carrier is required to verify, under the conditions prescribed by the railway regulations:
" - that the cars are in a good external condition, and in particular that the tank car closure devices are in a closed and watertight position;
" - that the placarding and marking of the same cars conform to the requirements of this Order.
"The above checks are not necessary if, between the railway carrier and the shipper, a procedure has been put in place to ensure that these controls have been carried out with satisfaction by the shipper.
“Art. 6. - Food transport. - The carriage of non-food hazardous substances and foodstuffs is prohibited in the same tank.
“Chapter 2
« Loading, unloading
“Art. 7. - Flexible. - The hoses used for the loading and unloading of dangerous goods cars in the liquid state are subject to the provisions contained in Annex D 1 of the aforementioned ADR Order.
“Art. 8. - Handling, shaping and shaping operations:
“1. The calibration and stowage rules are deemed to be satisfied when intermodal transport units are loaded on specialised cars of the type "plant with lateral centre slide or on cars equipped with UIC ankles or on pole cars.
“2. Rail carrier personnel are prohibited from opening a package containing dangerous goods.
“Art. 9. - Measures to prevent fire or explosion during the handling of dangerous goods.
“1. It is prohibited to use naked fire or flame and smoking during handling, in the vicinity of packages placed pending handling, in the vicinity of wagons and in cars.
“2. Portable lighting appliances should not have any metal surface that could produce sparkles. They must be designed and constructed so that they can not ignite flammable vapours or gases that could have spread within a car.
“3. When it comes to substances having a flashpoint equal to or less than 61 °C, a good electrical connection between the chassis of the car and the earth must be made before the filling or emptying of the tanks. In addition, the filling or drain speed shall be limited.
“4. Handlings of dangerous goods carried by full cars (loading, unloading, trans-shipment) are prohibited on the parts of electrically equipped lanes when the conductors of the current are under voltage.
“Art. 10. - Loading and unloading places and precautions to be taken for authorized stations.
“1. Transport of explosive substances and objects (class 1):
"See annex II.
“2. Bulk transport:
"The loading and unloading of goods of Classes 4.2 and 4.3 transported in bulk cannot be carried out at the station.
“3. Tank transport:
"The loading and unloading of dangerous substances carried in tanks cannot be carried out at the station. However, the loading and unloading of:
« - Class 2: Group A gas;
" - Class 3: substances of packing groups II or III and authorized in tanks;
" - Class 4.1: powdery or granular substances authorized in tanks.
“4. For the loading and unloading of dangerous goods in stations, common instructions must be established between the railway carrier and the shipper or consignee to define their respective roles and the modalities for carrying out planned operations.
“Chapter 3
« Transport information
“Art. 11. - Declaration of the loading of dangerous substances.
Any carriage of goods subject to this Order shall be subject to a dangerous goods loading declaration.
"The consignor shall bear in the loading declaration, in addition to the mentions set out in 5.4.1, the following:
" - the number and description of packages or IBCs;
" - the gross mass of packages in kilograms (and the net mass of explosive material for explosive substances and objects);
" - and, if it is an authorized carriage pursuant to the provisions of 1.5.1, any mentions may be made by the derogation and references to that derogation.
"The declaration of loading of dangerous substances is prepared on a document designated in Appendix I by the term "car letter" and to be:
"in international traffic, the "car letter";
" - in domestic traffic to France, the contract of carriage or the follow-up border, provided for by the decree of 4 January 1985 concerning the control of waste disposal circuits generating nuisance.
“Art. 12. - Information of train drivers.
All conductors of trains other than pick-up and distribution trains shall be informed in writing by the railway carrier of the presence in their train of wagons containing dangerous goods (nature of the goods and location of the cars in the train).
“Art. 13. - Safety signs for tanks and bulk transport:
“1. Contents of records
"The carriage of dangerous substances in tanks and bulk in large containers, wagons and small containers results in the use of instructions specifying:
" - the nature of the hazards presented by the materials as well as the safety measures to be applied in the first emergency in the event of an accident or incident;
" - the precautions to be taken for people and the first care to be given to those who would come into contact with the substances transported or the products that may be released from it;
" - the measures to be taken in the event of a fire, and in particular the extinguishing agents not to use;
" - the measures to be taken in case of spreading in water or soil or in case of diffusion of matter in the air.
“2. Operating instructions
"The rail carrier must form a complete collection of the instructions either by using written records or by using a computerized data bank.
"The railway carrier shall take all necessary measures to:
" - its command posts have instructions or have access to their content;
" - each category of agents is able to comply with the recommendations contained in these directives and the application of which it is responsible.
“Art. 14. - Car marking and road vehicles on cars:
“1. If it is a complete load, the placards of the cars must be affixed by the consignor. In other cases, they must be affixed by the carrier.
“2. In ferret traffic (see 1.1.4.4), the orange panels of tank vehicles and bulk-loaded vehicles, as required in 5.3.2 of the ADR, shall in all cases appear on the sides of each tank, parallel to the longitudinal axis of the vehicles.
"Art. 14 bis. - The security advisor. - This article is intended to complement the provisions of Chapter 1.8.3.
“1. Exemptions
"The 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 earth mode in question, and loading or unloading operations related to such transport;
" - transport of dangerous goods in packages, in lower quantities, per transport unit wagon, at the thresholds defined in 1.1.3.1 of RID, and loading or unloading of dangerous goods in packages in lower quantities, by operation, at these thresholds;
" - unloading operations 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 shall indicate the identity of its advisor or, if any, its advisors, following the model declaration of type contained in Appendix D 9 of the above-mentioned ADR Order, to the prefect - 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 field of competence (geographic, thematic or other) of each of them.
"When the advisor is no longer in a position to perform his duties, the head of the company 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 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 the duties assigned to him, 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 is to be met, each with respect to the accident report, by the business advisors who 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's advisor who discharged the goods is also required to prepare a report.
"When the accident relates to Class 7 goods, the company advisors involved in packaging, loading, filling or transport operations and, where applicable, unloading each contribute to the preparation of a joint accident report.
"When the accident occurred in the national territory, and meets the criteria set out in 1.8.5.3, the corresponding reports shall be forwarded by the heads of business to the prefect of the department (regional management of equipment) of the place where the accident occurred, to the Ministry of Transport (mission of dangerous goods), as well as to the Ministry of Industry and the Ministry of the Environment (DGSNR) for two months later. Reports shall be prepared in the form specified in 1.8.5.4.
« 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's jurisdiction 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 appointed several advisors, it must prepare a synthesis report for the entire company, including, as an annex, the reports of its various advisors.
"The annual report must be kept by the company for five years and must 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 concerned by the report.
« 6. Approved bodies
"After notice 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 empowered to provide further training and renew the validity of the certificate shall be approved by the competent minister, following the advice of the inter-ministerial committee on the transport of dangerous substances, in accordance with the terms of section 31.
“Chapter 4
« Parking and transport
“Art. 15. - Limitation of parking time:
“1. Cars loaded with dangerous goods may not be used for storage outside construction sites or facilities classified for the protection of the environment and basic nuclear facilities. They shall be stationed outside these facilities only the time provided for by the internal rules to the railway carrier and by the requirements of this Order for shipping, shipping and delivery operations.
“2. The uncleaned empty tank cars and bulk wagons, except those carrying substances of Class 7, may be allowed in a prolonged garage on the railway tracks, in specific locations and according to specific instructions issued by the railway carrier.
“3. Parking of intermodal transport units (ITU), on the ground or loaded on a vehicle or boat, in trans-shipment centres shall not exceed 48 hours. However, this duration may be extended in the case of events outside the centre occurring as a result of:
" - rules of road or rail traffic on weekends, holidays and holidays;
" - the delay of ships;
" - limits related to the railway transport plan.
"In trans-shipment centres specially assigned to Class 7 parcels, ICU parking may also be extended in the case of constraints imposed by the control and training or break-out of the railway convoy.
“Art. 16. - Incidents and accidents. - Where the state of a shipment of dangerous goods no longer offers, for any reason, the security guarantees prescribed by this order, the railway carrier may appeal to the shipper and request instructions.
"If the finding is made during delivery, the car must be stopped at the most suitable location.
"In the event of an accident or incident, including an explosion, arson, leakage or threat of leakage as a result of a shock, loss or theft of dangerous substances or objects occurring during carriage, the railway carrier shall notify or prevent without delay:
“(a) The fire and rescue services and the gendarmerie brigade or the police service closest to the accident site should indicate:
" - the place and nature of the accident;
" - the characteristics of the substances transported (if any particular intervention instructions as well as prohibited extinguishing agents)
" - the importance of damage;
" - more generally, any clarifications to estimate the importance of risk and to determine the extent of relief to be implemented.
“(b) The sender who can be called to give instructions.
“Chapter 5
“Special provisions
“Art. 17. - 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 sender to the Department of Industry and the Ministry of Environment (DGSNR) and to the Ministry of Interior (Defence and Civil Security - COGIC) with a copy to the carrier.
“2. The railway carrier shall make the necessary arrangements for all train stations to be notified of the traffic of such shipments.
“3. The advance notice referred to in paragraph 1 must be received at least 7 working days before the shipment. Information is sent by fax or telex.
“4. The pre-transport notice must specify the information specified in 5.1.5.2.4 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);
“(b) Packagings used:
" - number, type, identification numbers (cert number and serial number);
" - gross weight;
“(c) The conditions for carrying out the transport:
" - itinerary (departments crossed);
" - schedule (departure, arrival, border crossing) ;
"(d) Names, addresses and telephone numbers:
" - from the sender;
" - of the carrier;
" - the recipient;
" - subcontractor(s).
« 5. Transport involving national defence and transportation under the Act of 25 July 1980 (No. 80-572) may be subject, in some cases, to special agreements with the Civil Defence and Security Directorate.
« TITRE III
" PROVISIONS FOR INLAND DANGEROUS GOODS TRANSPORT IN FRANCE
“Chapter 1
“General provisions
“Art. 18. - Acceptance of express packages and checked baggage in passenger trains:
“1. Notwithstanding the provisions of 7.6 and 7.7, the substances and articles of this Order, allowed for carriage as express packages, shall be allowed for carriage as checked baggage and may, as such, be loaded in passenger trains under the following conditions.
“2. With the exception of packages containing gases assigned to a hazard group comprising letter T and which are not packed in aerosols or gas boxes, packages containing dangerous goods other than those of Classes 1 and 7, shipped as express shipments or as checked baggage, may be loaded in the same railway vehicle carrying passengers on condition, on the one hand, that the total gross mass of the packages does not exceed 300 kg, of Goods of classes other than those of Classes 1 and 7, not included in the table, may not be loaded in passenger trains.
“3. Packages containing goods of Class 1 or Class 7, shipped as express shipments or as checked baggage, shall be subject to the limits of the special provisions of EC1 and EC15 of 7.6 of Schedule I and to the following additional rules:
" - for packages containing substances and articles 1.4 S and loaded in common with goods of other classes: the limit of 100 kg applies for themselves and the limit of 300 kg applies for all loaded goods.
"The packages containing goods of Class 1, subject to acquisition authorization, pursuant to amended Decree No. 81-972 of 21 October 1981 relating to the marking, acquisition, detention, transport, delivery and use of explosive products, cannot in any case be loaded in passenger trains;
" - for packages containing goods of Class 7, exempted from labelling or bearing two labels No. 7 A: the limit of 300 kg applies for themselves if they are loaded alone, for all dangerous goods, in case of joint loading.
“4. Packages loaded in passenger trains must be deposited in a compartment or insulated trunk both of travellers and engines, and possibly of hot organs, by an insulating screen that is not in contact with hot organs. For gases, this location must be properly ventilated.
“Art. 19. - Colis that can be retained by passengers on trains. - Passengers using trains can only take dangerous goods for their personal use or for the exercise of their profession on them or in their hands-on packages.
"The portable receptacles of medical gases transported by patients with respiratory problems are allowed within the limits of the quantities required for a trip.
"Only the packaging, marking and labelling of packages prescribed in 4.1 and 5.2 or 3.4 are applicable.
"Art. 19 bis. - constructive provisions on tanks. - The provisions of the 19 bis and 19 ter of the ADR Order apply.
“Chapter 2
« Transport information
"Art. 20. - Declaration of loading of dangerous substances and marking of packages:
“1. General provisions
"The obligation in 5.4.1.1.1, consisting of carrying a cross in the box provided for this purpose of the consignment note, does not apply if a transport contract or a tracking slip is used for the carriage of waste.
“2. Transport on own account
"Transports for the specific needs of the railway carrier, in quantity not exceeding the limits set out in Table 1.1.3.1, are not subject to the duty of loading declaration provided for in Article 11.
“3. Transportation from an email centre
For consignments of dangerous substances other than substances and articles of Classes 1 and 7, the designation of the goods may be limited to the references of the class, the UN number of the goods and, where applicable, the packing group, supplemented by the markings required under special provision 640 when it applies, with reference, for each class, the total gross mass of the packages.
"During the duration of the transportation, the courier centre retains the necessary information, including those provided for in 5.4.1.1.1, allowing in the event of an accident or incident to promptly communicate, in accordance with section 16, information to facilitate the identification of dangerous goods.
“Art. 21. - Placarding and marking of cars - special cases:
“1. Placarding of courier cars
"Despite 5.3.1, only courier cars loaded with more than three tonnes (gross mass) of substances of the same class (other than Class 1, 6.2 or 7) shall carry, on both sides, the following placard(s):
" - for classes other than Class 2: the label plate corresponding to the class;
" - for Class 2: placards corresponding to all labels on the packages of this class (other than label No. 11).
“2. Cars loaded with containers
The placarding of the wagons loaded with containers is not necessary if the placards displayed on the containers are clearly visible on each side of the cars.
“3. Tracing of railway wagons
"Despite 1.1.4.4, placarding of road vehicles loaded with packages or bulk is not necessary if these vehicles carry placards themselves.
“Chapter 3
“Special provisions
“Art. 22. - Transport of substances and articles of Class 1. - National transport of certain substances or articles of Class 1 are subject to special provisions in Annex II.
“Art. 23. - Transport of interest to the Ministry of Defence. - This Order is applicable to the carriage of dangerous goods of interest to the Ministry of Defence, excluding any specific provisions defined by joint interdepartmental instruction of the Minister for Defence and, as specified in section 3, of the Minister for Transport or of the Minister for Industry and of the Minister for the Environment.
"These special provisions take into account the missions that have specific constraints on the Ministry of Defence, including:
" - certain goods belonging to the armed forces and not normally admitted to transport under the conditions of this order;
" - the requirements for packages of goods belonging to the armed forces;
" - mentions to be made in the transport document; It must also bear the following indication: "Transport conducted under Article 23 of the RID Order.
" - the provisions relating to the carriage provided for in this Order and the terms and conditions of application shall be taken into account in the armed forces;
" - the signalling and labelling of transport materials in situations including safety measures or protection of secrecy;
" - the approval of competent bodies to grant certificates, approvals or approvals provided for by this Order.
“Art. 24. - Transport interesting the department responsible for the interior. - Notwithstanding the provisions relating to emergency transport intended to save human lives set out in 1.1.3.1, the provisions of this Order shall apply to the carriage of dangerous goods of interest to the Ministry of Interior, with no special provisions defined by joint inter-ministerial instruction of the Minister for Interior and the Minister for Transport, with respect to civil security and law enforcement missions.
“Disposal and fissile material for civilian use is not affected by this article.
« TITRE IV
“ PROVISIONS RELATING TO ORGANIZED
“Art. 25. - Classification, packaging and conditions of transport of substances and articles of Class 1. - The competencies defined for Class 1 to Article 33 of the above-mentioned ADR Order are also valid for the purposes of this Order.
“Art. 26. - Classification of self-reactive substances (Class 4.1) and organic peroxides (Class 5.2). - The competencies defined for Classes 4.1 and 5.2 in Article 34 of the above-mentioned ADR Order are also valid for the purposes of this Order.
“Art. 27. - Packaging for infectious substances (reserved).
“Art. 28. - Colis for radioactive material. - The competences and procedures for Class 7 defined in Article 36 of the above-mentioned ADR Order are also valid for the purposes of this Order.
“Art. 29. - Carriage of hot products other than tanks. - For the purposes of paragraph VW12 of 7.3.3, cars carrying substances of Class 9 of UN 3257 and 3258, registered by the SNCF, shall be subject to an authorization granted by the SNCF.
"Art. 30. - Accreditations, inspections and tests of tanks:
“1. The approvals of the prototype tank cars provided for in 6.8.2.3 are granted by the SNCF.
“2. The approvals of the prototypes of portable tanks provided for in 6.7.2.18, 6.7.3.14 and 6.7.4.13 are granted by an organization approved by the Minister responsible for the merchant marine.
“3. The approvals of prototype tank containers, portable tank boxes and MEGCs provided for in 6.8.2.3 shall be granted by an approved body according to the procedure referred to in Article 31.
“4. The inspections and tests of tank cars provided for in 6.8.2.4 shall be carried out by the SNCF. The latter may delegate these controls and tests to an approved body according to the procedure referred to in Article 31.
« 5. The controls and tests of portable tanks provided for in 6.7.2.19, 6.7.3.15 and 6.7.4.14 shall be carried out under the conditions prescribed by the amended Order of 23 November 1987 concerning the safety of ships.
« 6. The inspections and tests of tank containers, portable tank boxes and MEGCs provided for in 6.8.2.4 shall be carried out by an approved body according to the procedure referred to in Article 31.
“Art. 31. - Organism accreditation procedure. - Organizations authorized to grant the certificates, approvals or approvals provided for in this Order shall, according to the powers specified in Article 3, be designated either by the Minister responsible for transport or by the Minister responsible for industry and the Minister responsible for the environment, after notice of the CITMD, for a maximum of five years.
"Applications for approval are addressed to the appropriate minister. The latter, as the case may be, requires that such requests be in accordance with the terms of reference established by the Committee or accompanied by appropriate procedures. In particular, the applicant must justify that it has the necessary technical and human resources as well as an appropriate quality organization to exercise the desired activity.
"For tank testing, inspection and verification, approved bodies under 6.8.2.4.5 must justify accreditation in accordance with EN 45004 and in the field of "pressure devices and accessories" by COFRAC or by an accratoring agency signatory to the EA multilateral agreement (European Cooperation for Accreditation). However, these organizations may be granted interim approvals for their first year of activity.
"The approval decisions are made no later than in the year following the application. They specify, where appropriate, specific conditions.
"The Minister or any agency delegated by the Minister controls the activity of the accredited bodies.
"Accreditation may be withdrawn in whole or in part by a reasoned decision of the administration in the event of a serious breach of the obligations set by this Order or the special conditions of the approval.
“Art. 32. - Records. - Authorized bodies shall maintain records relating to the operations they carry out under this Order.
"They must keep a copy of the certificates, certificates or approvals they grant. These various documents must be made available to the administration.
"They must submit an annual activity report within six months after the end of a calendar year, either to the Minister responsible for transport or to the Minister responsible for industry and the Minister responsible for the environment, as defined in section 3.
“Art. 33. - Payment of operations entrusted to accredited bodies. - The costs associated with the issuance of certificates or the conduct of the tests and audits provided for in this Order shall be borne by the petitioner.
“Art. 34. - Packaging certificates, IBCs and large packagings in accordance with 6.1, 6.3, 6.5 or 6.6. - The requirements defined in Article 43 of the above-mentioned ADR Order are also valid for the purposes of this Order.
“Art. 35. - Quality assurance for the manufacture of packagings, IBCs and large packagings in accordance with 6.1, 6.5 or 6.6. - The requirements defined in Article 44 of the above-mentioned ADR Order are also valid for the application of this Order taking into account the conversion of the references to Articles 39 and 45 of the ADR Order, which respectively become 31 and 36 of the RID Order.
“Art. 36. - Withdrawal of certificates, approvals, container approvals. - Certificates, approvals or approvals of containers (packs, containers, IBCs, large packagings, tanks) may be withdrawn or suspended by the services or bodies that have issued them or, after notice of them, by the Minister responsible for transport, by the Minister responsible for the industry and by the Minister responsible for the environment, according to the powers specified in Article 3, when it appears that
"This withdrawal will result in a retention-of-service prohibition when the certificate applies to a specified container.
"This withdrawal will result in the prohibition of new constructions when the certificate, approval or registration applies to a type of manufacture.
« TITRE V
« DEROGATIONS
“Art. 37. - Derogations concerning transport of small quantities or local transport. - Subject to the authorization of the Commission of the European Communities, less stringent provisions than those contained in Annex I may be taken by order of the competent minister, after the advice of the CITMD:
" - for transport limited to the national territory and carried only on small quantities of dangerous goods, with the exception of medium and highly radioactive materials;
" - for regular transport as part of a defined industrial process, when these operations are local and strictly controlled under clearly defined conditions;
" - for local transport on short distances limiting within port, airport or industrial sites.
“Art. 38. - Temporary exemptions for the evolution of the RID rules:
“1. Temporary exemptions to the provisions of Schedule I, to carry out the necessary tests to amend the provisions of this Schedule, may be granted, according to the powers specified in section 3, either by the Minister for Transport, or by the Minister for Industry and the Minister for the Environment, after notice of the CITMD. These exemptions shall apply, subject to the conditions that they enact, to all transport covered by this order, without discrimination of nationality or place of establishment of the shipper, carrier or consignee. They are granted for a period of time according to needs, which may not exceed five years. They are not renewable beyond this maximum period.
“2. When interested in another country, these exemptions take the form of multilateral agreements provided for in 1.5.1. These agreements are systematically proposed to the competent authorities of other EU Member States.
“3. For transport carried out according to an exemption do not interest other countries, the declaration of loading of dangerous substances shall include, in addition to any mentions provided by the exemption, the reference of this exemption in the form:
"National MD N° , from"
“Art. 39. - Derogations for one-time transport. - Depending on the powers specified in section 3, the Minister for Transport or the Minister for Industry and the Minister for the Environment may (may), after the advice of the CITMD, grant exemptions to the requirements of this Order, for one-time carriage of dangerous goods that are either prohibited by this Order, or carried out under conditions different from those provided for in this Order, to the extent that these operations are clearly limited
"The applicant must, four months prior to the desired date of entry into force of the exemption, make a request to the competent Minister that appears in a clear and synthetic manner:
" - the regulatory provisions to which it wishes to derogate;
" - the reasons for which he cannot respect these provisions;
" - possible alternative measures to ensure an equivalent level of security.
"In this case, the declaration of loading of dangerous substances shall contain any mentions, if any, by the derogation and the reference to that derogation in the form of:
"National MD N° , from"
« TITRE VI
" OTHER PROVISIONS
“Art. 40. - Transitional provisions concerning inland transport to France. - Without prejudice to the transitional provisions set out in Annex I, the following transitional provisions apply to inland transport to France:
“1. Provisions concerning receptacles intended for the carriage of compressed, liquefied or pressured gases of Class 2, JCML and cryogenic receptacles
"The 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. An order of the Minister responsible for industry specifies the rules applicable to the operation of these containers.
"For light metal jals and containers (JCML) that do not comply with the requirements of 6.5, the provisions of Article 49, item 2, of the above-mentioned ADR Order shall apply.
"For closed cryogenic receptacles whose conformity has not been re-evaluated according to 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 above-mentioned ADR Order shall be applied.
“2. Provisions concerning tank containers
"The tank containers that are not in conformity with the provisions of this Order, and in particular with 1.6.3, but which were authorized on the date of 31 December 1996 may continue to be used according to the conditions defined in Article 49.4 (a) of the aforementioned ADR Order.
“3. Provisions concerning tank cars
"The tank cars built according to the requirements of the gtr applicable to their construction date may still be used subject to:
" - that equipment meets the requirements of 6.8;
" - that periodic tests be carried out according to 6.8.2.4;
" - that the wall thickness is at least equal to that defined in 6.8.2.1.18.
“4. Flexible provisions
"The hoses referred to in section 7, built before July 1, 1999, may still be used until December 31, 2004.
“5. Signalling provisions
Tanks of petroleum products
"Up to 30 June 2003, when a tank carries successively one of the substances of UN 1202, 1203, 1223, 1268 or 1863, this tank may carry only the hazard identification number and the prescribed UN number corresponding to the most dangerous substance, that is, the substance with the lowest flashpoint.
« 6. Signalling provisions
fertilisers with ammonium nitrate
"Up to June 30, 2003, for the bulk transport of UN numbers 2067 to 2070, orange-coloured signage panels may bear the following codification:
" - hazard identification number: 50;
" - the material identification number: 2067. »
Annex I to the amended dated 5 June 2001 order referred to above is replaced by the Regulation respecting the International Carriage of Dangerous Goods (RID), which is itself Annex I to the Uniform Rules concerning the Contract for the International Carriage of Goods (CIM). This RID Regulation, including the amendments in force on 1 January 2003, is published in French by the Intergovernmental Organization for International Carriage by Rail (OTIF), Gryphenhüliweg 30, 3006 Berne, Switzerland.
Appendix II of the amended dated 5 June 2001 order relating to the provisions applicable to the carriage of explosive substances and articles of Class 1 is drafted as follows:
"A N E X E I I
“ PROVISIONS FOR MATERIAL TRANSPORT
AND EXPLOSIVE OBJECTS OF CLASS 1
“(See articles 10 and 22)
“1. Warning. - Station discount
" 1.1. The rail carrier shall be notified at least twenty-four hours in advance of the carriage of substances and articles of Divisions 1.1 and 1.5, to be carried out.
"The railway carrier shall notify the consignor as soon as possible on the day and time of the carriage(s) and departure of the train; Delivery to stations is therefore made.
" 1.2. When the wagons of explosive substances and objects come from a particular clutch, they must arrive at the station, in accordance with the request of the station manager, so as to park at least possible and at least two hours before their departure, the shipper remains responsible for the precautionary measures prescribed by the regulations for the loading and monitoring of the loaded cars.
“2. Manoeuvres
"In addition to the requirements of 7.5.3.1, cars containing explosive substances or objects and equipped with a label plate No. 1 (including the indication of Division 1.1) or 1.5 shall not, during the manoeuvres, be connected directly to a car with a label plate number 3, 4.1, 4.2, 4.3, 5.1 or 5.2.
“3. Parking
"In the departure and arrival stations, the cars containing explosive substances or objects and equipped with a label plate No. 1 (including the indication of Division 1.1) or 1.5 shall be insulated and placed on tracks chosen from the ones that are farthest from the main track or parking of the passenger trains, manoeuvring machines and the passenger building. During their parking, these cars must be locked and protected according to the safety requirements of the railway carrier.
"We must avoid placing on contiguous lanes, in the immediate vicinity of each other, wagons with label plate No. 1, 1.5 or 1.6, and cars with label plate No. 3, 4.1, 4.2, 4.3, 5.1 or 5.2.
“4. Station connections
"The common instructions provided for in sections 9.4 and 10.4 shall provide for the arrangements to be made during the parking of wagons loaded with explosive substances or objects and the location to be assigned to Class 1 packages. They must prescribe, in particular, the precautions to be taken in the event of a fire.
« 5. Removal times at the receiving station
"The explosive materials and objects shall be removed from the receiving station within the shortest time and no later than the time limit set by the internal rules of the railway carrier and, in the marine stations, within the time limit set by the regulations of the ports.
"After this period, the railway carrier is authorized to make the removal at the addressee's expense, risk and risk.
"The cars to be delivered on a particular connection must be delivered from day to day at the first service following the arrival of the cars or by special service at an hour agreed with the consignee, if this service prevents parking of the railway cars at night. »
Application date. - The provisions of this Order shall enter into force on 1 January 2003.
However, the provisions of the above-mentioned Order of 5 June 2001 as amended by the Order of 12 April 2002 and its annexes are still applicable until 30 June 2003.
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
Note. - The schedule will be published in the Official Journal, edition of Administrative Documents No. 2 of 2003.
