Key Benefits:
Publics concerned: stakeholders ( shippers, carriers, shippers, unloaders, packagers, fillers) involved in land-based transport operations (output, rail and inland waterways) of dangerous goods; State services responsible for the control and/or instruction (DREAL, DEAL, DRIEE, DRIEA, Instructor Services referred to in theArticle 6 of Decree No. 2007-1168).
Subject: This Order takes into account the amendments to international and community regulations relating to the carriage of dangerous goods by land, which come into force on 1 January 2013.
Keywords: transport of dangerous goods by land/RID/ADR/ADN.
Commencement: This Order comes into force on 1 January 2013. The provisions of the TDG Order in force before that date may continue to be applied until June 30, 2013, in accordance with the transitional provisions of the modal international regulations (RID/ADR/ADN) and the deadline for the transposition of Directive 2012/45/EU, thus facilitating the adaptation of companies to the new regulatory provisions.
Notice: This order transposes Commission Directive 2012/45/EU of 3 December 2012 and updates the measures left at the initiative of national authorities by international regulations on the transport of dangerous goods by land (RID/ADR/ADN).
References: the text amended by this Order, in its drafting from this amendment, can be found on the website Légifrance (http://www.legifrance.gouv.fr).
Minister of Ecology, Sustainable Development and Energy,
Considering the Convention on International Carriage by Rail, known as the "COTIF Convention", of 9 May 1980, as amended by the Vilnius Protocol of 3 June 1999, including its Appendix C on the Regulations concerning the International Carriage of Dangerous Goods, known as "RID";
Considering the European Agreement concerning the International Carriage of Dangerous Goods by Road concluded on 30 September 1957, says "ADR";
Considering the European Agreement concerning the International Carriage of Dangerous Goods by Inland Waterways concluded on 26 May 2000 and its annexed Regulations (Agreement "ADN");
In light of Commission Directive 2012/45/EU of 3 December 2012 on second adaptation to the scientific and technical progress of the annexes to Directive 2008/68/EC of the European Parliament and the Council on the Inland Transport of Dangerous Goods;
Considering the environmental code, including articles L. 592-21 and L. 592-25;
Considering the transport code, including articles L. 1252-1 to L. 1252-8;
Vu la Act No. 93-1419 of 31 December 1993 relating to the National Printing System;
Vu le Decree No. 2006-1279 of 19 October 2006 amended on the safety of railway traffic and the interoperability of the railway system;
Vu le Decree No. 2006-1436 of 24 November 2006 taken for application ofArticle 2 of Act No. 93-1419 of 31 December 1993 relating to the National Printing System;
Vu le Decree No. 2010-1182 of 7 October 2010 amended on the printing by the National Printer of documents under the Ministry of Ecology, Energy, Sustainable Development and the Sea, in charge of green technologies and climate negotiations;
Vu le Decree No. 2010-1582 of 17 December 2010 relating to the organization and missions of State services in overseas departments and regions, Mayotte and Saint-Pierre-et-Miquelon;
Vu le Decree No. 2012-70 of 20 January 2012 relating to passenger stations and other service infrastructure of the railway network;
Vu le Decree No. 2012-878 of 16 July 2012 amending Decree No. 2010-1182 of 7 October 2010 relating to the printing by the National Printer of documents under the Ministry of Ecology, Energy, Sustainable Development and the Sea, in charge of green technologies and climate negotiations;
Having regard to the amended decision of 29 May 2009 concerning the carriage of dangerous goods by land (known as "TDG Order");
In view of the decision of 30 October 2012 on the number and territorial jurisdiction of the instructor services, taken under the Decrees No. 2007-1167 of 2 August 2007 relating to the driving licence and training in the conduct of motor pleasure craft and No. 2007-1168 of 2 August 2007 relating to the navigation titles of vessels and floating establishments navigating or stationing on inland waters;
Considering the opinion of the Nuclear Safety Authority No. 2012-AV-0175 of 4 December 2012;
In the light of the opinion of the Interdepartmental Commission on the Transport of Dangerous Goods dated 10 October 2012,
Stop it!
The Order of 29 May 2009 concerning the carriage of dangerous goods by means of the above-mentioned groundways is amended in accordance with Articles 2 to 26 of this Order.
In 3 of Article 1 :
The words: "fiscal and radioactive material" are replaced by the words "radioactive substances";
After the words: "boat nuclear propulsion", it is added the words: ", nor the transport of non-radioactive dangerous goods related to nuclear weapons elements".
Section 2 is amended to read:
At 1, 3 and 15, the date: "January 1, 2011" is replaced by the date: "January 1, 2013";
2 is deleted;
9 is replaced by the following:
“9. DEAL: the direction of the environment, the development and the housing. » ;
At 11-2, the word "DIRE" is replaced by the word "DAL";
At 11-3, the word "RED" is replaced by the word "DEAL";
The 21 is deleted.
In Article 3, 4.2, the words: "waste of infectious and assimilated care activities or anatomical parts" are replaced by the words: "materials and objects assigned to UN 3291."
The tables in section 5, 3 are amended to read:
In the column "ETATS":
The words: "contractors to the ADR" are replaced by the words: "Contracting Parties to the ADR";
The words: "contractors to DNA" are replaced by the words: "Contracting Parties to DNA";
The table footnote (1) is replaced by the following provisions:
« (1) The decisions taken and the documents issued by the competent authorities of the other Contracting Parties to the ADR, the ADN or the parties to the RID (or by the experts and bodies authorized for this purpose by these authorities) are recognized in the same conditions for the execution of the only international transport by road, inland waterways or by rail respectively. »
Section 6 is amended to read:
In the 1st, after the word: "However, ", it is inserted the words: " under this last point,"
In 5.3, after the reference of the internet address: " ( http://www.developpement-durable.gouv.fr) ", it is added the words: " , and includes a section for each of the tasks set out in 1.8.3.3".
After Article 6-1, it is added an article 6-2 as follows:
"Art. 6-2. - Removal of samples of hazardous materials shipped for analysis.
1. The sampling of samples of dangerous goods carried out by the competent authority or under its control shall be subject to the following provisions for their carriage:
1.1. The samples are packed in inner packagings not exceeding the following quantities:
liquids:
500 ml (except for class 6.1 substances);
- 100 ml for Class 6.1 substances of packing groups II and III;
5 liters for paints, decapants and related materials;
solids:
1 kg for ammonium nitrate fertilizers taken under UN 2067;
500 g for other solids;
― aerosol generators:
1 for aerosols with no risk of toxicity;
120 ml for aerosols with a risk of toxicity.
1.2. Inner packagings are subject to rigid plastic body type outer packagings (4H2) satisfying the packing group II test level. They are sufficiently robust and appropriate padding materials are arranged between inner packagings. In addition, the requirements of 4.1.1.1, 4.1.1.2, 4.1.1.4, 4.1.1.5, 4.1.1.6 and 4.1.1.8 of the ADR are met.
1.3. The outer packagings bear the mark prescribed in 3.4.7 as well as the inscription Samples for black-letter analysis on white background.
1.4. The total gross mass of the package does not exceed 30 kg.
2. Subject to compliance with the requirements of 1 of this Article, such packages shall not be subject to the other provisions of this Order.
3. However, the provisions of this Article shall not apply to substances and articles of Class 1, 5.2 and 7, as well as to self-reactive substances of Class 4.1 and to substances and articles assigned to packing group I."
Section 7 is amended to read:
In the title, the words: "incidents and accidents" are replaced by the words: "events involving dangerous goods".
In 1, the words: "An accident declaration in accordance with 1.8.5 shall be addressed, within two months of the accident, by each of the companies involved in the accident" are replaced by the words: "A report shall be sent, in accordance with the requirements of 1.8.5.1, by each of the companies concerned".
The 2 is replaced by the following:
“2. The report conforms to the model prescribed in 1.8.5.4. »
In 3, the words "by road" are replaced by the word "roads".
Section 9 is amended to read:
At 1, after the words: "and food. "It is added the sentence: "Before filling, the food character of dangerous substances is reported to the carrier by the shipper in the documents associated with the transport. »
After 5, it is added a 6 as follows:
« 6. For the purposes of special provision TU 35, it is considered that the risks are eliminated as long as the tank is empty, uncleaned and the substance does not pose a danger to the environment according to 2.2.9.1.10. As long as there is a danger, the placarding of the tank remains identical to the closet applicable to the full tank. »
Section 10 is amended to read:
At 1, the word "materials" is replaced by the word "goods".
In 2, after the words: "Types of packagings", it is added the words ", of IBCs", and after: "6.1.5.1.1", it is added: ", 6.5.6.1.1".
The 4 is replaced by the following:
“4. However, certificates issued prior to January 1, 2013 and in accordance with the models in force on their date of issue remain valid until their renewal. »
The second sentence of 5 is replaced by the following provisions: "For this purpose, the licensee shall ensure that all production sites (of manufacture and, where applicable, of conditioning) have a copy of the certificate of approval in which these sites are mentioned. »
In 7, the words: ", IBCs or large packagings" are deleted, and after the word: "made", it is added the words: ", reconstructed or repacked, IBCs manufactured, reconstructed, repaired or having undergone regular maintenance or large packagings manufactured or reconstructed."
In 7.4 of Article 11, the words: "may deliver" are replaced by the word: "issue".
In Article 12, 3.3, the words "inland waterways" are replaced by the words "inland waterways".
Section 13 1.1 is amended to read:
After the fourth preambular paragraph, the paragraph reads as follows:
"to approve Class 1 exclusion under 2.2.1.1.8.1; "
In the eighth paragraph, the words: "the common packaging of certain explosives with their own means of initiation" are replaced by the words: "the method of separation".
Section 15 is amended to read:
In 1, after the words: "as provided in 6.8.2.3", the words "of the ADR".
In 2, after the words: "tank wagons", it is added the words: ", removable tanks or battery wagons".
In 6, after the words: "as provided in 6.8.2.4.1 to 6.8.2.4.4", the words "and 6.8.3.4.10 to 6.8.3.4.15 of the ADR" are added.
In the first paragraph of 7, the words: "The inspections, tests and verifications of tanks (and their equipment) of tank cars provided for in 6.8.2.4 of RID" are replaced by the words: "The inspections, tests and verifications of tanks of tank cars, removable tanks and slaughter wagons provided for in 6.8.2.4.1 to 6.8.2.4.4 and 6.8.3.4.10 to 6.8.15."
In the third paragraph of 7, after the words "under 6.8.2.4.5", the words "or 6.8.3.4.16" are added.
Section 16 is replaced by the following:
"Art. 16.-Training, examinations and training certificates.
1. Training, examinations and training certificates for ADR vehicle drivers.
1.1. Only accredited training bodies shall organize the trainings referred to in 8.2.2.1 and 8.2.1.3 of the ADR, as well as the examination provided for in 8.2.1.1 and 8.2.2.1 of the ADR, in accordance with the procedure referred to in Article 19. Accreditation issued to a training organization may in no case be delegated to a non-approved body for all or part.
References of the approval order are expressly mentioned in any training offer.
1.2. The training certificates provided for in 8.2.1.1 of the ADR shall be issued or renewed by the approved training body, provided that the candidate has completed the training and passed the corresponding examination.
Only certificates issued by the National Printer, in accordance with the Decree No. 2010-1182 of 7 October 2010 amended on the printing by the National Printer of documents under the Ministry of Ecology, Sustainable Development and the Sea, in charge of green technologies and climate negotiations. The National Printer sends them directly to the holder. A copy of the certificate is transmitted by the National Printer to the approved training body. This copy shall be transmitted to the employer of the holder of the certificate by the approved training body upon request.
The holder shall retain the custody of the certificate, which may be withdrawn by decision of the competent authority in the event of fraudulent acquisition.
1.3. For the purpose of establishing the training certificate, a registration file with the data required for the completion of the training certificate is transmitted to the National Printer by the accredited training body no later than five working days before the start of the training session. This file includes:
- the dates and reference of the chosen training course;
- the civil status of the trainee and its contact information (including the posting address of the certificate);
― an identity photograph and the signature of the trainee or, if the trainee is a holder of the identity photograph, and that they have been issued by the National Printer, the number of his chronotachyograph card or his driver qualification card.
― if the candidate is already holder of an ADR training certificate issued by the National Printer, the file includes the current training certificate number; this exemption from the transmission of the documents referred to in the preceding paragraph.
A training session may not be cancelled after the deadline for submission of the registration records mentioned above.
A schedule of the proposed training sessions is transmitted annually by the training agencies to the competent authority, as well as possible updates during the year, which are systematically transmitted.
At the end of the review, the results are transmitted by the registered body to the National Printer, which keeps up to date the registry mentioned in 1.10.1.6.
A procedure by decision of the Minister for Land Transport of Dangerous Goods, or the Nuclear Safety Authority, according to the powers specified in section 5, after the advice of the CITMD, shall be put in place to determine the conditions under which it may be derogated from the time limits referred to in this paragraph in the event of a reasoned emergency.
2. Training, examinations and certifications of DNA experts
2.1. The trainings and examinations provided for in 8.2.1.2,8.2.1.5 and 8.2.1.7 of the DNA are organized by a training body approved according to the procedure of Article 19.
References of the approval order are expressly mentioned in any training offer.
2.2. The certificates provided for in 8.2.1.2 of the DNA are issued after certification by the approved training body that the candidate has completed the training and has passed the corresponding examination.
The expert certificate provided for in 1.6.8 of the DNA for the responsible driver and the person responsible for loading or unloading a barge is issued after certification by the training organization that the candidate has completed the relevant training.
The certificates provided for in 8.2.1.2 of the DNA are renewed:
― for the basic certification, after certification by the training organization that the candidate participated in the recycling course provided for in 8.2.1.4 and successfully validated by the success of the corresponding test;
― for specializations "gas" and "chemistry", either after certification by the training organization that the candidate participated in the retraining course provided for in 8.2.1.6 or 8.2.1.8, or on presentation of evidence of the specific work duration performance under the conditions specified in 8.2.1.6 or 8.2.1.8.
2.3. The issuance and renewal of the certificates are carried out by the instructor service attached to the Bas-Rhin prefecture.
3. Security Advisor: Review Body.
After the advice of the interdepartmental commission on the transport of dangerous substances, the competent authority, according to the powers specified in Article 5, shall designate by order the body responsible for conducting the examinations in accordance with 1.8.3.10 and issue the certificates provided for in 1.8.3.7. The order specifies the composition and specific operating procedures of the body, as well as the composition of the jury. »
Section 17, 3, is replaced by the following provisions:
“3. The inspections and tests of IBCs under 6.5.4.4, referred to as "recurrent controls", are carried out under the conditions defined and published in the Official Bulletin of the Ministry for Land Transport of Dangerous Goods. These periodic inspections shall be carried out either by an authorized body under section 19 of this Order or by an industrial establishment that has been authorized by the Minister for Land Transport of Dangerous Goods under the conditions defined and published in the Official Bulletin of the Ministry for Land Transport of Dangerous Goods. »
Section 18 is replaced by the following:
"Art. 18.-Agreement of ships.
1. The certificates of approval of the vessels provided for in 8.1.8 of the DNA and the certificates of provisional approval provided for in 8.1.9 of the DNA are issued by the instructor services attached to the territorially competent prefects pursuant to the Order of October 30, 2012 relating to the number and territorial jurisdiction of the instructors, taken under the Decrees No. 2007-1167 of 2 August 2007 relating to the driving licence and training in the conduct of motor pleasure craft and No. 2007-1168 of 2 August 2007 relating to the navigation titles of vessels and floating establishments navigating or stationing on inland waters.
2. For dual-hull vessels carrying dry cargo, the issuance of the certificate of approval is subject to the issuance of the certificate established by an approved classification society, under the conditions set out in 9.1.0.88 of the DNA.
3. For dual-hull vessels referred to in 9.2.0.80 of DNA, the issuance of the certificate of approval is subject to the issuance of the classification certificate and the maintenance of the first classification rating by a classification society approved under the conditions specified in 9.2.0.88 of DNA.
4. For tank vessels, the issuance of the certificate of approval is subject to:
- the issuance of the classification certificate and the maintenance of the first classification rating by an approved classification society;
- in accordance with the provisions of 9.3.1.8, 9.3.2.8 or 9.3.3.8, the issuance by the classification society of the certificate certifying the conformity of the vessel to the rules of 9.3.1.9.3.2 or 9.3.3;
- at the establishment, by the said classification society, of the list referred to in 1.16.1.2.5 of all dangerous goods admitted to carriage in the tank vessel; where necessary, this list shall be provided with information on substances subject to special authorization as provided for in 1.5.2. »
Section 19 is amended to read:
In 1, the words: "either by the Minister for Land Transport of Dangerous Goods or by the Nuclear Safety Authority" are replaced by the words: "or by decree published in the Official Journal by the Minister for Land Transport of Dangerous Goods or by a decision of the Nuclear Safety Authority";
In 2, the second sentence is replaced by the following:
"These applications comply with the provisions of Article 20. » ;
The 3 is replaced by the following:
“3. Orders or decisions relating to approvals under 1 of this Article shall be made no later than the year following the application. They specify, where appropriate, specific conditions. The list of bodies approved by the Minister for Land Transport of Dangerous Goods and the references and dates of validity of their approvals are maintained on the website of the Ministry for Land Transport of Dangerous Goods. »
Section 20 is replaced by the following:
"Art. 20.-Conditions of accreditation of accredited bodies.
1. Organizations responsible for the testing, inspection and verification of tanks, MEGCs and hoses:
1.1. The registered body is a private legal entity whose statutes are deposited in accordance with national law.
1.2. It has the means and skills to carry out controls and tests within its field.
1.3. It is independent of any person engaged in any activity that influences the technical judgment and the results of the tests, inspections and audits, including: construction, modification and repair of equipment, the operation of equipment, the preparation of equipment for testing.
1.4. The organization has a sufficient number of staff to cover all the needs resulting from the exercise of its activity. Staff have the necessary technical and regulatory knowledge as well as the useful experience for their functions. A nominative document describing the division of duties and functions of staff is maintained and made available to the competent authority. It is supplemented with supporting evidence of staff qualification.
1.5. Any organization that requests approval under 6.7, 6.8.2.4.5, 6.8.3.4.16, Appendix IV. 1 of this Order or 8.1.6.2 of ADN shall, at the time of its application, provide the procedures for the activities it wishes to carry out.
They describe:
the organization of the organization;
- organization of controls;
- the modalities for the implementation of Chapters 6.7 and 6.8 and the referenced standards;
- the terms of initial qualification of staff and continuous training.
The application for approval is accompanied by:
- for companies, K bis less than three months in validity and the statutes deposited in the Commercial Court;
― for associations, the prefectural decree published in the Official Journal and the statutes of the association deposited in prefecture;
- Bulletin 2 of the criminal record of the body's official not showing any convictions.
1.6. In addition, any organization that requests approval under 6.7, 6.8.2.4.5, 6.8.3.4.16, Appendix IV. 1 of this Order or 8.1.6.2 of the DNA justifies an accreditation being valid on the date of application in accordance with the NF EN ISO/ CEI 17020 in the field "Pressure equipment ― TMD ― pipeline" by the COFRAC or by an accurring agency signatory to the multilateral agreement of the European Cooperation for Accreditation (EA). The field of accreditation must cover the activities of the legal entity that operates on the national territory.
1.7. Any organization requesting approval under 6.7 shall also take into account the applicable provisions of Division 411 of the Regulations annexed to the Order of November 23, 1987 concerning the safety of ships.
1.8. The conditions specified in paragraphs 1.1. to 1.6. of this section apply when applying for a licence renewal.
2. Training organizations:
2.1. Any request from an organization to be approved under Chapter 8.2 of the ADR or DNA shall be in accordance with (x) notebook (s) of the charges issued (s) in the Official Bulletin by the Minister for Land Transport of Dangerous Goods or by the Nuclear Safety Authority and shall comply with the provisions of this Order and its annexes.
2.2. The terms of reference include the technical and pedagogical means, the qualifications of teachers and the conditions for the organization of examinations.
2.3. Compliance with the (x) notebook (s) of the requirements of a training organization requesting approval shall be subject to an audit by an organization designated by the Minister for Land Transport of Dangerous Goods or the Nuclear Safety Authority, as specified in section 5. This audit is conducted on a procedure approved by a decision of the Minister for Land Transport of Dangerous Goods or the Nuclear Safety Authority.
2.4. The results of the audits carried out are communicated by the organization to the Minister for Land Transport of Dangerous Goods or the Nuclear Safety Authority and the training bodies audited.
2.5. The conditions specified in paragraphs 2.1. to 2.4. of this section apply when applying for a licence renewal.
3. Organizations responsible for approvals, manufacturing control, inspection and testing of packagings, IBCs and large packagings:
3.1. Any application by an organization to be approved under Article 17 shall be in accordance with (x) terms of reference (s) of the charges published in the Official Bulletin of the Ministry for Land Transport of Dangerous Goods and shall comply with the provisions of this Order and its annexes.
3.2. The conditions specified in subsection 3.1 of this section apply in any application for a licence renewal.
4. Other accredited bodies:
Any application for approval shall be in accordance with a notebook of charges published in the Official Bulletin by the competent authority and/or accompanied by appropriate procedures. In particular, the applicant warrants that it has the necessary technical and human resources as well as an appropriate quality organization to exercise the desired activity. »
Section 21 1.2 is replaced by the following:
" 1.2. Specific provisions for registers of accredited training institutions:
The approved training bodies referred to in 2 of Article 20 shall maintain a record of the training, the examination results and the certificates and certificates they have issued. This information is retained by the training organization during the validity of the certificate or certificate. This register is made available to the administration. »
Section 24 is amended to read:
In 2, the words: "contracting party, respectively, of the ADR, RID or DNA" are replaced by the words: "Contracting Party to the ADR or DNA or Part to RID".
In 3, the words "contracting party of DNA" are replaced by the words "contracting party to DNA".
In 7 of section 25, the words "subsection 1.6.7.1" are replaced by the words "in 1.6.7.2.1" and the words "subsection 1.6.7.2" are replaced by the words "in 1.6.7.2.2".
Appendix I is amended to read:
I. ― On 1.1, the date: "January 1, 2011" is replaced by the date: "January 1, 2013".
II. ― The penultimate sentence of 2.1.2 is deleted.
III. ― In 2.1.3.2, after the words "maintained by the driver", the words "and by the person in charge of the facility where the filling or unloading is carried out".
IV. ― In 2.2.1.1, the words: "duly authorized" are replaced by the words: "completed according to the provisions of the May 31, 2010 Order pursuant to the Articles 3, 4 and 6 of Decree No. 2010-580 of 31 May 2010 relating to the acquisition, detention and use of fireworks and pyrotechnics intended for the theatre."
V. ― In 2.2.1.2, the words: "waste of infectious and assimilated risk-care activities of UN 3291" are replaced by the words: "containing substances and objects assigned to UN 3291."
VI. ― In 2.3.3, after the words: "any inhabited area" are added the words: "or any place or place receiving the public."
VII. ― In 2.5.1, the words: "waste of infective and assimilated risk-care activities of UN 3291" are replaced by the words: "materials and objects assigned to UN 3291."
VIII. ∙ 2.5.2 is amended to read:
In a of 2.5.2, the words: "containing waste of infectious and assimilated risk-care activities or anatomical parts" are replaced by the words: "containing substances and objects assigned to UN 3291";
In e of 2.5.2, the words: "waste of infective and assimilated risk-care activities or human-origin anatomical parts" are replaced by the words: "materials and objects assigned to UN 3291."
IX. ∙ After 2.5.2, a 2.5.3 is added as follows:
"2.5.3. If, as part of the calculation of the quantities referred to in 1.1.3.6, the net mass of substances or objects assigned to UN 3291 cannot be known, the quantities carried are expressed in litres on the basis of the nominal water capacity of each package delivered to the transport. This information is contained in the transport document provided for in 5.4.1.1.1. »
X. ― In 3.2.2, the word "5.4.1.1.6" is replaced by the word "5.4.1.1.6.2.3".
XI. ― The a of 3.3.1 is deleted.
XII. ∙ 4.1 is replaced by the following:
" 4.1. Training programme.
Based on the basic data of 8.2.2.3, and in accordance with 8.2.1, approved training bodies, under the conditions set out in 8.2.2.6 and in sections 19 and 20 of this Order, adapt and complete their programs in accordance with the terms and conditions applicable to them and according to the trainings they offer. »
XIII. ∙ 4.3 is replaced by the following:
« 4.3. Restricted tank specialization training in accordance with 8.2.1.3.
(a) Specialization "GPL": limited training in the transport of substances of Class 2 of UN 1011, 1075, 1965, 1969 and 1978.
(b) Specialization "oil products": limited training in the transport of substances designated by:
- UN No. 1202, 1203, 1223, 1267, 1268, 1300, 1863, 1999, 3295 and 3475;
- UN Nos. 3082, 3256 and 3257, only for heavy heating oils and bitumens. »
XIV. ― In the first sentence of 4.4, the word " 8.2.2.4.3" is replaced by the word " 8.2.2.3.6".
XV. ∙ After 4.4.2, a 4.4.3 is added as follows:
"4.4.3. The holder of a specialized training certificate may undergo restricted recycling training, the field of which is fully covered by its previous certificate. In this case, the certificate is renewed for specializations covered by recycling. »
XVI. ∙ 4.5.1, 4.5.2, 4.6.1, 4.6.2, 4.6.3 and 4.6.4 are deleted.
Appendix II is amended to read:
I. ― On 1.1, the date: "January 1, 2011" is replaced by the date: "January 1, 2013".
II. ― In 1.2, the words: "before consignment of cars" are retracted by the words: "before acceptance of the carriage of consignments".
III. 2.1 is amended to read:
The words: "and before acceptance to the carriage of the cars" are retracted by the words: ", before acceptance of the consignments by the railway carrier".
After the words: "for the loading and unloading of goods", it is added the words: "or transport units".
IV. ∙ In 2.1.2, after the paragraph reads as follows: "All closure devices are in a closed and watertight position;" a paragraph reads as follows:
“– there are no product residues on the outside parts of the car; "
V. ∙ 2.1.4 is replaced by the following:
"2.1.4. Mission of the railway carrier before acceptance to the transport of dangerous goods.
Before acceptance of shipments of dangerous goods and without prejudice to the obligations of the shipper, the railway carrier is required to carry out the verifications set out in 1.4.2.2.1. »
VI. ∙ 2.2.1, 2.2.1.1 and 2.2.1.2 are replaced by the following:
"2.2.1. Handling operations.
Staff of the rail carrier and infrastructure manager are prohibited from opening a package containing dangerous goods. »
VII. 2.2.2.4 is replaced by the following:
"2.2.2.4. Handlings of hazardous materials (loading, unloading, trans-shipment) are prohibited on electrified tracks when they are under voltage. »
VIII. ― In 2.2.3, after the words: "in the framework of 1.9.5", it is added the words: "and Decree No. 2012-70 of 20 January 2012 relating to passenger stations and other service infrastructures of the railway network".
IX. ― In the fourth paragraph of 2.3.1.3, the words: "Railway Transport Plan Limits" are replaced by the words: "Rail Transport Plan Limits".
X. ― 2.3.3 is amended to read:
After the words: "In addition to the 1.4.1.2 of the RID, it is added the words: "and the provisions provided by theArticle 13 of Decree No. 2006-1279 relating to the safety of railway traffic and the interoperability of the railway system,"
The third paragraph of 2.3.3 is replaced by the following:
"If the finding is made in the course of delivery, the car is stopped at the most appropriate place in accordance with the documents provided by the Articles 10 and 13 of Decree No. 2006-1279 above. The carrier shall inform the infrastructure manager of the nature of the event and shall provide the carrier with information on the substances being transported in the transport document. Where applicable, the measures set out in the internal emergency plan of the yard set out in 2.3.4 of this annex II shall be implemented without delay. » ;
In the fourth paragraph, the words: "In the event of an accident or incident," are replaced by the words: "According to the nature of the occurrence (accident or incident),", and the words: "in the place of the accident" are replaced by the words: "in the place of the occurrence";
In the first paragraph of the fourth paragraph, the words "the place or nature of the accident" are replaced by the words "the place or nature of the occurrence".
XI. ― In the first sentence of 2.4.1, the words: "All conductors of trains other than pick-up and distribution trains" are replaced by the words: "Train drivers".
XII. ∙ 2.4.2 is replaced by the following:
“2.4.2. Security marks for other agents.
The rail carrier and the infrastructure manager shall take all necessary steps to ensure that each class of agents defined in 1.3.2.2.1 is able to comply with the safety instructions concerning them, including in the immediate action in the event of danger and reporting of anomalies on dangerous cargo loads. »
XIII. ∙ 2.5.3 is replaced by the following:
"2.5.3. Temporary stay in departure and arrival stations.
Cars containing explosive substances or objects and equipped with a label plate No. 1 (including the indication of Division 1.1) or 1.5 are isolated and placed on tracks chosen from those that are farthest from the main track or parking of passenger trains, manoeuvring machines and passenger building. These cars are immobilized and protected according to the safety requirements of the infrastructure manager.
Cars with a label plate No. 1, 1.5 or 1.6 are not placed on contiguous lanes or in the vicinity of the cars with a label plate of No. 2.1, 3, 4.1, 4.2, 4.3, 5.1 or 5.2. »
Appendix III is amended to read:
I. ― On 1.1, the date: "January 1, 2011" is replaced by the date: "January 1, 2013".
II. 2.4 is replaced by the following:
" 2.4. Navigation titles, visiting certificates.
References to the local, regional or international requirements of vessels taken in 1.1.4.6 and in Part 9 of the Regulations annexed to ADN are those corresponding to the Decree No. 2007-1168 of 2 August 2007 and the Order of December 21, 2007 concerning the titles of navigation of floating buildings and establishments intended for the carriage of goods navigating or stationing on inland waters, as well as those corresponding to the Rhine Vessel Inspection Regulations relating to inspection certificates. »
III. ― After 2.4, it is added a 3 as follows:
“3. Training provisions.
3.1. Training programme.
Based on the general requirements of 8.2.1 and the specific requirements of 8.2.2.1 and 8.2.2.2, the approved training bodies, under the conditions set out in 8.2.2.6 and in Articles 19 and 20 of this Order, shall adapt and complete their programmes in accordance with the specifications applicable to them.
3.2. Basic courses and specialization courses.
(a) Basic courses are the courses referred to in 8.2.2.3.1 and 8.2.2.3.2; they have three variants:
- transport by dry cargo vessels;
- transport by tank vessels;
― combination "Transport by dry cargo vessels" and "Transport by tank vessels".
(b) Specialization courses are the courses referred to in 8.2.2.3.3 and 8.2.2.3.4; they have two variants:
- specialization "gas" ;
- specialization "chemistry".
Initial specialization courses, which are the subject of 8.2.2.3.3, are available to candidates who have previously held an expert certificate "tank vessels" or combined "dry goods vessels/tank vessels".
Recycling and development courses, which are the subject of 8.2.2.3.4, are available to pre-registrant candidates:
― for recycling and development "gas" of an expert certificate "gas" and "tank vessels" or "gas" and combined "dry goods vessels/tank vessels" ;
― for recycling and development "chemistry" of an expert certificate "chemistry" and "tank vessels" or "chemistry" and combined "dry goods vessels/tank vessels".
3.3. Minimum duration of training.
The minimum durations, as set out in 8.2.2.4, of basic training and specialization courses, as well as those, as provided for in 8.2.2.5, of the corresponding refresher and refresher courses, expressed in lessons of a unit duration of forty-five minutes, are as follows:
| Basic courses "dry goods" | Thirty-two lessons, including at least eight stability lessons, of which approximately 30% are devoted to practical exercises | Sixteen lessons, including at least two stability lessons, of which approximately 30% are devoted to practical exercises |
| Basic courses "tank tanks" | Thirty-two lessons, including at least eight stability lessons, of which approximately 30% are devoted to practical exercises | Sixteen lessons, including at least two stability lessons, of which approximately 30% are devoted to practical exercises |
| Basic courses "combined" | Forty lessons, including at least eight stability lessons, of which approximately 30% are devoted to practical exercises | Sixteen lessons, including at least two stability lessons, of which approximately 30% are devoted to practical exercises |
| Specialization course "gaz" | Sixteen lessons | Eight lessons |
| Specialization course "chemistry" | Sixteen lessons | Eight lessons |
| Basic courses "dry goods" | Twenty-four lessons, approximately 30% of which are devoted to practical exercises | Sixteen lessons, approximately 50% of which are devoted to practical exercises |
| Basic courses "tank tanks" | Twenty-four lessons, approximately 30% of which are devoted to practical exercises | Sixteen lessons, approximately 50% of which are devoted to practical exercises |
| Basic courses "combined" | Thirty-two lessons, about 30% of which are devoted to practical exercises | Sixteen lessons, approximately 50% of which are devoted to practical exercises |
Appendix IV is amended as shown in I to IV-5 below:
I. ― Appendix IV.1 is amended to read:
In (3.2) of the 1.2, after the words: "length of the pipe", the words ", type and materials of the fittings".
The first paragraph of 2.1 is replaced by the following:
" 2.1. The hoses meet the following minimum conditions:".
The following sentence is added to the (5) of 2.1:
"The maximum working pressure of the hoses is at least 1 MPa (10 bar), with the exception of the Class 3 food liquid hoses that can have a maximum working pressure of between 0.4 and 1 MPa (4 and 10 bar). »
After the (5) of 2.1, the following paragraph is added:
"If a standard is cited in 2.2 to 2.6 of this Appendix, it shall be applied in its entirety, except where the requirements of this Appendix are more restrictive. »
In 2.2, the words "50 mm" are replaced by the words "51 mm".
2.3, 2.4, 2.5 and 2.6 are replaced by the following:
" 2.3. Flexible for Class 2 substances of UN 1011, 1075, 1965, 1969 and 1978.
The hoses are of one holding and conform to the NF EN 1762 standard of May 2004.
2.4. Flexible for Class 2 refrigerated liquefied gases.
The hoses conform to the standard NF EN 12434 of February 2001.
2.5. Flexible for Class 3 fuels.
The hoses made from rubber pipes conform to the NF EN 1360 standard of November 2005, or the NF EN 1761 standard of July 1999, or the NF EN 1765 standard of March 2005, or the NF EN 13765 standard of June 2010, or the NF EN ISO 1825 standard of July 2011.
2.6. Flexible rubber and thermoplastic materials for liquid or gaseous chemicals.
The hoses conform to the April 2011 NF EN 12115 standard or the June 2010 NF EN 13765 standard.
2.7. The above-mentioned NF EN 12115, NF EN 13765 and NF EN ISO 1825 standards can be applied only as of 1 January 2014. »
The (3) of 3.1 is replaced by the following:
"(3) Any hose intended for type approval under this appendix shall be constructed and tested according to a quality assurance plan for production, final examination and testing. This quality assurance system is certified according to ISO 9001 by a recognized certifying body. "
The (4) of 3.1 is replaced by the following:
« (4) When not constructed according to a quality assurance program, the hoses are individually reviewed, tested and approved by an approved body on the basis of the technical documentation and certificate issued by the manufacturer, attesting to the conformity of the hose to the applicable provisions of this appendix. »
After the (4) of 3.1, it is added a (5) to read as follows:
« (5) If a constructor uses the services of a subcontractor, it is satisfied and able to demonstrate that its subcontractor has the skills to perform the operation in question, and assumes full responsibility for this subcontractor. In all cases, the initial hydraulic test, the measurement of electrical resistance and the issuance of test certificates are carried out by the manufacturer himself. »
In (1) of 4.2, the word "9.1.2.1.1" is replaced by the word "9.1.2.3".
In the (2) of 4.2 and 4.4, after the words: "for ammonia", the words "in UN No. 1005 of Class 2" are added.
In the sixth paragraph of 5.1, after the word "standard", it is added the words "(with its date)".
In 6.1, the following sentence is added:
"The maximum working pressure of the hose shall not be less than the maximum working pressure of the tank. »
After 6.4, it is added the 6.5 as follows:
“6.5. The hoses constructed before 1 January 2014 according to the requirements of Appendix IV.1 applicable before that date may continue to be used under the conditions of 4.2 to 4.4 above. »
II. ― At Appendix IV.3, the words "See 5.7 of Appendix I to this Order" are replaced by the words "See 5.6 of Appendix I to this Order".
III. Appendix IV.4 is deleted.
IV. ― The models of Appendix IV.5 are amended as follows:
IV-1. Items 1, 2 and 4 of Model No. 1 are replaced by the following:
“1. Applicant: Conditioning system
(if applicable):
2. Reference documents:
Road transport: ADR, up to date
Rail transport: RID, up to date
Inland waterway transport: ADN, up to date
Marine transport: IMDG code, up to date
Transport under derogation: »
“4. Registered area of use: liquid/solid dangerous goods under the following conditions:
Packaging groups:
Maximum gross density/mass:
Maximum vapour pressure at 55 °C/50 °C:
Gerbage: maximum load: »
After item 5, an item 6 is added as follows:
« 6. Clamping elements: »
IV-2. Items 2 and 4 of model 2 are replaced by the following:
“2. Reference documents:
Road transport: ADR, up to date
Rail transport: RID, up to date
Inland waterway transport: ADN, up to date
Marine transport: IMDG code, up to date
Transport under derogation: »
“4. Registered area of use: liquid/solid dangerous goods under the following conditions:
Packaging groups:
Maximum gross mass:
Gerbage: maximum load:
Area of use under 6.1.5.1.7: »
After item 5, an item 6 is added as follows:
« 6. Clamping elements: »
IV-3. Items 2, 3 and 4 of Model No. 3 are replaced by the following:
“2. Reference documents:
Road transport: ADR, up to date
Rail transport: RID, up to date
Inland waterway transport: ADN, up to date
Marine transport: IMDG code, up to date
Transport under exemption:
3. Description of the packaging type:
Outer packaging:
Manufacturer:
Manufacturing site:
Type, material:
Packaging code:
Manufacturing mode:
Commercial reference:
First constitutive matter:
Plans:
Rated capacity:
Actual capacity:
Vacuum weight:
Vacuum weight of the naked container:
Outside dimensions:
Minimum thicknesses:
Closures:
Handling:
Decompression:
Particularities :
Inner and intermediate packagings and arrangements:
Description:
Trade references of elements:
Other elements identification characteristics:
4. Registered area of use: explosive substances/objects under the following conditions:
Maximum gross density/mass:
Gerbage: maximum load:
Area of use under 6.1.5.1.7: »
After item 5, an item 6 is added as follows:
« 6. Clamping elements: »
IV-4. Items 2 and 4 of Model No. 4 are replaced by the following:
“2. Reference documents:
Road transport: ADR, up to date
Rail transport: RID, up to date
Inland waterway transport: ADN, up to date
Marine transport: IMDG code, up to date
Transport under derogation: »
“4. Registered area of use: liquid/solid dangerous goods under the following conditions:
Maximum gross mass:
Special conditions:
Area of use under 6.3.5.1.6: »
After item 5, an item 6 is added as follows:
« 6. Clamping elements: »
IV-5. In the section: "Reference documents" of models #5 and #6:
― the words "by rail" are replaced by the word "rail";
― the words "inland waterway" are replaced by the words "inland waterways".
The provisions of this Order come into force on 1 January 2013
However, the provisions of the amended Order dated 29 May 2009 relating to the carriage of dangerous goods by terrestrial means applicable before that date, except for the provisions of 1 of Article 16 and 4.5.1, 4.5.2 and 4.6 of Annex I, may continue to be applied until 30 June 2013.
The Director General of Risk Prevention is responsible for the execution of this Order, which will be published in the Official Journal of the French Republic.
Done on 12 December 2012.
For the Minister and by delegation:
Director General
risk prevention,
L. Michel
