Key Benefits:
Publics concerned: stakeholders ( shippers, carriers, shippers, unloaders, packagers, fillers) involved in the transport operations by land (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 R.* 4100-1 of the Transport Code).
Subject: This Order takes into account changes in international and community regulations relating to the transport of dangerous goods by land, which come into force on 1 January 2015.
Keywords: transport of dangerous goods by land/RID/ADR/ADN.
Commencement: This Order comes into force on 1 January 2015. The provisions of the "TDG Order" in force before that date may continue to be applied until June 30, 2015, in accordance with the transitional provisions of the modal international regulations (RID/ADR/ADN) and the deadline for the transposition of Directive 2014/103/EU, thus facilitating the adaptation of companies to the new regulatory provisions.
Notice: This order transposes Commission Directive 2014/103/EU of 21 November 2014 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 COTIF, of 9 May 1980 as amended by the Vilnius Protocol of 3 June 1999, in particular 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 2014/103/EU of 21 November 2014 on third 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;
Vu le Defence codeincluding articles R. 2352-74 and following;
Vu le environmental codeincluding articles L. 592-21 and L. 592-25;
Vu le Transport code ;
Vu le Labour codeincluding its article R. 4462-27;
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. 2014 AV-0219 of 4 November 2014;
In the light of the opinion of the Interdepartmental Commission on the Transport of Dangerous Goods dated 8 October 2014,
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 17 of this Order.
Section 2 is amended to read:
- at 1, 3 and 15, the date: "January 1, 2013" is replaced by the date: "January 1, 2015";
- in 7, the words: "whose composition is fixed by the Decree No. 95-1029 of 13 September 1995 amended. are replaced by the words: Articles D. 1252-1 to D. 1252-7 of the Transport Code. "
In Article 3, 4.2, the words "safe goods of Class 7" are replaced by the words "radioactive material".
The table in section 5, 3 is amended to read:
In the "Decisions and Documents" column:
-the words: "Certificates for the approval of Type B (U)-96 packages that do not carry low-dispersible radioactive material or fissile material referred to in 6.4.22.2. The words are replaced by the words: "Certificates of Approval of Type B (U) Models conforming to one of the 1996 or subsequent editions of the IAEA Transportation Regulations and not carrying low-dispersible radioactive material or fissile material subject to an approval referred to in 6.4.22.4 for contained fissile material. » ;
-the words: "Certificates of approval of Type C-96 package models that do not carry fissile material, referred to in 6.4.22.2. are replaced by the words: "Certificates of approval of Type C package models in accordance with one of the 1996 or subsequent editions of the IAEA Transportation Regulations and not carrying fissile material subject to an approval referred to in 6.4.22.4 for contained fissile material. » ;
-the words: " Driver Training Certificates referred to in 8.2.1.8 and 8.2.2.8 of the ADR" are replaced by the words: " Driver Training Certificates referred to in 8.2.1.1 of the ADR".
Section 6 is amended to read:
- 2.2 is deleted;
-at 5.1, the following words are added: "The security adviser shall perform his duties under the responsibility of the business leader who is required to provide him with all the information necessary to prepare the annual report in accordance with 1.8.3.3. "
Section 7 is amended to read:
- at 1, the words "Arche Nord" are replaced by the words: "Department of Ecology, Sustainable Development and Energy,"
- 3 is replaced by the following: "3. With respect to road and rail transport, the company makes its statement on printed CERFA 12252 available on the website of the Ministry of Land Transport of Dangerous Goods (http://www.developpement-durable.gouv.fr) » ;
- in 4, the words: "in the transport of dangerous goods of Class 7 must be the subject of a declaration" are replaced by the words: "in the transport of radioactive material must be the subject of a supplementary declaration".
In article 9, after the 6, it is added the 7 to 9 as follows:
« 7. The tank vehicles referred to in 1.6.3.44 of the ADR, registered in France, may continue to be used. The reference “Citerne equipped with an additive device authorized in accordance with 1.6.3.44 of the AD” is included on the attestation of the first intermediate or periodic inspection carried out after December 31, 2015.
“8. The tank cars referred to in 1.6.3.3.1 of the RID, registered in France, may continue to be used until December 31, 2017 subject to compliance with the technical and regulatory requirements concerning them, including maintenance, thus maintaining their initial level of safety.
“9. For the purposes of special provision TT11, the applicant is the holder of the vehicle certificate or operator of the tank. »
Section 12 is amended to read:
- 1 after the words: "fissile material", it is added the words: ", except those who meet one of the provisions of paragraphs (a) to (e) of 2.2.7.2.3.5;
- in 2, the words: "by fax" are replaced by the words: "by electronic means under conditions defined by the Nuclear Safety Authority and the Ministry of Interior".
In 3 of Article 13, the words: "authorizations referring to packagings, IBCs and tanks that may be used as part of packing instructions P099, IBC099 and TP9" are replaced by the words: "authorizations referring to IBCs and tanks that may be used as part of special provisions B16 and TP9".
In Article 14, 6, the words "as provided in 7.3.3 VW12 and 7.3.3 VW13" are replaced by the words "as provided in 7.3.3.1 VC3".
Section 15 is amended to read:
- 1 after the words: "battery vehicles", it is added the words: ", as well as modification approvals,"
- in 2, after the words: "battery cars", it is added the words: ", as well as modification approvals,"
- 5, after the words: "MCG", it is added the words: ", as well as modification approvals,"
- 6, after the words: "the tests of the hoses provided for in paragraphs 3.1 (4) and 4 of Appendix IV.1 of this Order", the words ", the checks and inspections of the hoses referred to in 8.1.6.2 of the DNA" are added.
In 1.1 of Article 16, the words: "the formations referred to in 8.2.2.1 and 8.2.1.3 of the ADR" are replaced by the words: "the formations referred to in 8.2.1 and 8.2.2 of the ADR".
In article 18, after the 4th, it is added a 5 as follows:
« 5. Accreditation certificates and interim certificates are accompanied by their annex, as defined in 1.16.1.4.1 of the DNA, under the conditions and conditions defined in 1.16.1.4.2, 1.16.1.4.3 and 1.16.2. »
Appendix I is amended to read:
I.-To 1.1, the date: "January 1, 2013" is replaced by the date: "January 1, 2015".
II.-In 2.4.1, the words: section IX of Decree No. 79-846 of 28 September 1979 which regulates public administration on the protection of workers against the particular risks to which they are subjected in pyrotechnic institutions" are replaced by the words: "of theArticle R. 4462-27 of the Labour Code "
III.-In 3.2.1, the words "other than Class 7" are replaced by the words "other than radioactive material".
IV.-At 3.4.2.3, the words: "or, until June 30, 2012, a certificate for the use of entertainment artifices classified in the K4 group issued pursuant to the provisions of the March 17, 2008 decree on the implementation of the entertainment artifices of the K4 group" are deleted.
V.-To 5.4, after the words: "19) Failure to comply with the smoking ban;" are added the words:
“20) The absence of an authorized conveyor agent;
21) The presence of a passenger in a vehicle carrying dangerous goods. »
Appendix II is amended to read:
I.-To 1.1, the date: "January 1, 2013" is replaced by the date: "January 1, 2015".
II.-In 3.1.3, the words: "by virtue of Decree No. 81-972 of 21 October 1981 Amended with respect to the marking, acquisition, detention, transportation, delivery and use of explosive products are replaced by the words: "under the terms of Articles R. 2352-74 et seq. of the Defence Code "
Appendix III is amended to read:
I. - On 1.1, the date: "January 1, 2013" is replaced by the date: "January 1, 2015".
II. - In 2.3.3, the words: "by the corresponding provisions of the General Inland Navigation Police Regulations (GPR) published by the Decree No. 73-912 of 21 September 1973 are replaced by the words: "by the corresponding regulatory provisions of Part IV of the Transport Code".
III. - In 2.4, the words: Decree No. 2007-1168 of 2 August 2007 are replaced by the words: "to theArticle R.* 4200-1 of the Transport Code and, after the words: "at the judgment of December 21, 2007", it is inserted the word "modified".
IV. - 3.4 is deleted.
V. - In 3.5, the following paragraph is added:
"Up to December 31, 2018, the expert on the transport of gases (see 8.2.1.5) shall not be required to be the responsible driver (see 7.2.3.15) but may be any member of the crew when a tank vessel of type G carries only UN 1972. In this case, the responsible driver must have participated in a specialization course “gas” and must have completed additional training on the transport of LNG according to 1.3.2.2. »
Appendix IV is amended as shown in I to III below:
I.-Appendix IV. 1 is amended to read:
-at 2.3, the sentence: "The hoses are of one holding and conform to the NF EN 1762 standard of May 2004. is replaced by: "The hoses are of one holding. The hoses made from rubber pipes conform to the standard NF EN 1762 of May 2004.
2.5 and 2.6 are replaced by the following:
2.5. Flexible for Class 3 fuels.
The hoses made from rubber pipes or thermoplastic materials conform to NF EN 1360 of August 2013, or to NF EN 1761 of July 1999, or to NF EN 1765 of March 2005, or to NF EN 13765 of June 2010, or to NF EN ISO 1825 of July 2011.
-2.6. Flexible for liquid or gaseous chemicals.
The hoses made from rubber pipes or thermoplastic materials conform to the April 2011 NF EN 12115 standard or the June 2010 NF EN 13765 standard. » ;
-the 2.7 is deleted.
II.-Appendix IV. 4 is amended to read:
-at 1.2, the words: "If applicable" are deleted;
The third paragraph of 2.1 is replaced by the following:
"According to the activities of the company, the corresponding tables are supplemented according to the obligations and specificities of items 2.1.1,2.1.2,2.1.3,2.1.4 and 2.1.5 of this appendix. The quantities deferred in the tables relate to the goods concerned by the activities of the Security Advisor; an estimate may be made subject to the fact that it allows the security advisor to complete the missions listed in 1.8.3.3.
The information on the above-mentioned goods includes the reference to UN numbers, supplemented with official shipping designations and packing groups and includes:
-in additional columns added to the tables;
- in a list annexed to the annual report if the UN number breakdown in the latter is impossible.
However, these may be grouped by homogeneous generic categories of goods whose properties and conditions of carriage are similar, and according to clearly defined principles. In this case, the comprehensive list of UN numbers is not required if after grouping the listed data is sufficiently accurate to allow the advisor to complete the missions listed in 1.8.3.3.
The UN numbers for entries whose transport characteristics and conditions do not allow a connection to a generic category referred to in the previous paragraph must be listed specifically. »
4.1 is replaced by the following:
" 4.1. Summary table of visits and interventions by the Security Adviser
The following summary table is completed in order to obtain a clear summary of all the visits or interventions of the safety advisor carried out in the company on the subject of the transport of dangerous goods (DGs).
This table is divided into themes for the tasks of the safety advisor referred to in 1.8.3.3, as described in Part 5 of this Appendix and numbered from 5.1 to 5.13.
Each visit or intervention is the subject of a row of the table with an indication of its date and location. The themes that are addressed by intervention or visit are simply checked.
Where applicable, it is possible, depending on the activities of the company, that certain themes indicated are not applicable. In this case, the corresponding boxes of the “not applicable” line are checked. The report then includes appropriate justifications.
| Designation | Identification of MDs | Purchase of transportation | Verification of equipment used | Staff training | Emergency procedures for MD incidents/accidents | Incident/accident/crime analysis | Measures to prevent recurrence of accidents/ serious incidents/crime | Subcontracting and external stakeholders | Procedures and instructions | MD Risk Awareness | Security documents and equipment | Loading-decharge | Safety plan provided for in 1.10.3.2 | ||
| Theme (s) not applicable to the company | |||||||||||||||
| Visit (s) | Topics addressed | ||||||||||||||
| Date | Location | ||||||||||||||
(*) If this section is given, specify the nature of the topic concerned by the intervention";
-at 5, the words: "If applicable, it is possible, depending on the activity of the company, that certain tasks indicated are not applicable. In this case, it will be simply mentioned. » are deleted;
-at 7, the words: "low points" are replaced by the words: "the axes of improvement".
III.-Appendix IV. 6 is amended to read:
In 1, the words: "NF EN 473" are replaced by the words: "NF EN ISO 9712. "
The provisions of this Order come into force on 1 January 2015.
However, the provisions of the amended Order dated 29 May 2009 relating to the carriage of dangerous goods by land routes applicable before that date may continue to be applied until 30 June 2015.
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 December 2, 2014.
For the Minister and by delegation:
The Director General of Risk Prevention,
P. White
