Decision of 14 March 2002 laying down rules relating to the transport of dangerous substances by air (Dangerous substances by air)
We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.
On the nomination of Our Minister of Transport and Water of 6 June 2001, no. DGRLD/DLB/01.421019, Directorate General of the Rijksluchtdienst, made on behalf of our Minister of Defence;
Having regard to the Articles 6.51 , 6.52 , 6.53 , 6.55, second and third paragraphs, of the Law Aviation Act and on Article 28, fifth paragraph, of the Law Council for Transport Safety ;
The Council of State heard (opinion of 16 July 2001, No W09.01.0264/V);
Having regard to the further report of Our Minister of Transport and Water State of 7 March 2002, No DGL/02.421024, DirectorateGeneral Aviation, released on behalf of Our Minister of Defence;
Have found good and understand:
For the purposes of this Decision and the provisions based thereon, the following definitions shall apply:
a. Act: Aviation Law ;
b. Annex 18: pursuant to a communication from our Minister for Infrastructure and the Environment published in the Official Journal of the European Union on the basis of Articles 37, 54 and 90 of the Convention on the European Union of 7 December 1944 in Chicago Civil aviation (Trb. (3) Annex 18 (The Safe Transport of Dangerous Goods by Air), as provided for by the International Civil Aviation Organisation, as provided for by the International Civil Aviation Organisation, as provided for in the communication on the site;
c. Technical Instructions: following a communication from Our Minister of Infrastructure and the Environment published in the Official Gazette in force of the "Technical Instructions for the Safe Transport of Dangerous Goods" Annex 18 by Air ", Doc 9284-AN/905, including the Supplement, as made available to the location specified in that notice;
d. originator: natural or legal person as intended by Article 9, first paragraph, below 1 ° ;
e. freight forwarder-air cargo: natural or legal person as intended by Article 9, first paragraph, below 2 ° ;
f. ground-handling trader: natural or legal person as intended by Article 9, first paragraph, below 3 ° .
As hazardous substances specified in Article 6.51, first paragraph, of the Act shall be designated:
1 ° explosive substances and articles;
2 °. Compressed, liquefied or dissolved gases;
3 °. combustible liquids;
4 °. flammable solids, for self-ignition susceptible substances and substances, which in contact with water develop flammable gases;
5 °. substances that promote combustion and organic peroxides;
6 ° toxic or infective substances;
7 °. radioactive substances;
8 ° caustic substances;
9 °. other substances or articles which may, in the case of transport by air, constitute a hazard to health, safety or the environment; as laid down and classified in the Technical Instructions.
1 The in Article 6.51, first paragraph, of the Act the prohibition referred to above shall not apply to the acts referred to therein in respect of the Article 2 dangerous substances designated to the extent that Annex 18 and the Technical Instructions are complied with.
2 Our Minister of Defence may designate certain parts of Annex 18 and the Technical Instructions which, by way of derogation from the first paragraph, may not be taken into account by the armed forces or the armed forces of a foreign power. Our Minister of Defence may provide that, in such a case, the armed forces or the armed forces of a foreign power must be subject to international military rules.
Under the control of our Minister of Infrastructure and the Environment and of our Minister of Defence respectively, rules may be laid down regarding the construction, equipment and equipment of aircraft carrying dangerous substances. transported.
Our Minister of Infrastructure and the Environment, respectively, of our Minister of Defence may be subject to rules relating to safety or the environment as regards the construction, equipment and equipment of the Ministry of Defence. devices, vehicles or equipment to which dangerous substances are loaded or unloaded at an airport.
Under the control of our Minister of Infrastructure and the Environment and of our Minister of Defence, the rules relating to the inspection of the establishments, vehicles and equipment of the kind used in the Article 5 .
Under the control of our Minister of Infrastructure and the Environment, respectively, our Minister of Defence may, for the sake of safety or the environment, be subject to rules on the establishment of a risk inventory in relation to the the transport, loading or unloading of dangerous substances designated for that purpose.
Our Minister of Infrastructure and the Environment, respectively, our Minister of Defence, may, in the interests of safety or the environment, designate air routes through which dangerous substances are to be transported.
1 Our Minister of Infrastructure and the Environment may grant the following recognitions:
1 °. a recognition of a consignor, being a natural or legal person, which gives the power to offer dangerous substances, owned or sourced to him from his own undertaking, for transport; by air;
2 °. a B recognition: a recognition for a freight forwarder-air cargo agent, being a natural person or a legal person, which gives the authority to carry dangerous substances through the air;
3. a c-recognition: a recognition for a ground handler, being a natural or legal person, which gives the authority to accept, on behalf of the holder of an aircraft, acceptance or loading and unloading of dangerous substances carrying out;
4. a D-recognition: an acknowledgement for an air carrier, or an aircraft holder, being a natural or legal person, not in possession of an AOC provided on the basis of Union law, which gives the power to it in order to transport factually hazardous substances by air;
5 °. an E-recognition: a recognition for an organisation specialised in air transport with legal personality which gives the authority to act as the consignor and packer of dangerous substances on behalf of third parties.
2 A recognition shall be granted for an indefinite period of time.
3 In order to be eligible for recognition, the applicant must comply with the requirements laid down by the Minister of Infrastructure and the Environment, which may be different for the various approvals; 3.
This Decision shall enter into force on the date of its adoption Article I of the Act amending the Law on air transport (transport of dangerous substances and animals) (Stb. 2000, 468) shall enter into force.
This decision is cited as: Decision transport dangerous substances by air.
Charges and orders that this Decision will be placed in the Official Journal by means of the note of explanatory note accompanying it.
' s-Gravenhage, 14 March 2002
The Minister of Transport and Water,
The Minister of Defence,
F. H. G. de GraveIssued the 11th April 2002
The Minister of Justice,
A. H. Korthals