(XI.B.14) Attention: Treaty Services of Ministries of Foreign

(XI.B.14)
Reference: C.N.198.2007.TREATIES-1 (Depositary Notification)
EUROPEAN AGREEMENT CONCERNING THE INTERNATIONAL CARRIAGE
OF DANGEROUS GOODS BY ROAD (ADR)
GENEVA, 30 SEPTEMBER 1957
PROPOSALS OF CORRECTIONS TO ANNEX A, AS AMENDED
The Secretary-General of the United Nations, acting in his capacity as depositary,
communicates the following:
The attention of the Secretary-General has been drawn to certain errors in the English and
French texts of Annex A of the ADR, as amended.
The texts of the corresponding proposed corrections are contained in annex 2 of the Report of
the Working Party on its 81st session (25 - 27 October 2006) (ECE/TRANS/WP.15/190). These
documents can be accessed on the website of the Transport Division of the United Nations Economic
Commission for Europe at the following address:
http://www.unece.org/trans/main/dgdb/wp15/wp15rep.htm1.
The texts of the proposed corrections are also reproduced hereafter.
Unless there is an objection from interested Parties, the Secretary-General proposes to correct
the English and French texts of Annex A accordingly.
In accordance with established practice, objections should be communicated to the
Secretary-General within 90 days from the date of this notification, i.e., not later than 13 May 2007.
12 February 2007
Attention: Treaty Services of Ministries of Foreign Affairs and of international organizations concerned.
Depositary notifications are made available to the Permanent Missions to the United Nations at the
following e-mail address: [email protected]. Note that annexes to the depositary notifications are
distributed in hard copy format only. The hard copy versions of the depositary notifications are
available for pick-up by the Permanent Missions in Room NL-300. Such notifications are also available
in the United Nations Treaty Collection on the Internet at http://untreaty.un.org.
Annex A, Part 1, Chapter 1.2, Section 1.2.1
The definition of Flammable Component reads as follows:
“"Flammable component" (for aerosols and gas cartridges) means a gas which is flammable in air at
normal pressure or a substance or a preparation in liquid form which has a flash-point less than or
equal to 100 °C;”.
It should be corrected to read as follows:
“"Flammable component" (for aerosols) means flammable liquids, flammable solids or flammable
gases and gas mixtures as defined in Notes 1 to 3 of sub-section 31.1.3 of Part III of the Manual of
Tests and Criteria. This designation does not cover pyrophoric, self-heating or water-reactive
substances. The chemical heat of combustion shall be determined by one of the following methods
ASTM D 240, ISO/FDIS 13943: 1999 (E/F) 86.1 to 86.3 or NFPA 30B.”.
Annex A, Part 2, Chapter 2.2, Paragraph 2.2.61.1.14
Paragraph 2.2.61.1.14 reads as follows:
“2.2.61.1.14
Substances, solutions and mixtures, with the exception of substances and preparations
used as pesticides, which do not meet the criteria of Directives 67/548/EEC 3 or
88/379/EEC 4 as amended and which are not therefore classified as highly toxic, toxic
or harmful according to these directives, as amended, may be considered as substances
not belonging to Class 6.1.”.
It should be corrected to read as follows:
“2.2.61.1.14
Substances, solutions and mixtures, with the exception of substances and preparations
used as pesticides, which do not meet the criteria of Directives 67/548/EEC 3 or
1999/45/EC 4 as amended and which are not therefore classified as highly toxic, toxic
or harmful according to these directives, as amended, may be considered as substances
not belonging to Class 6.1.”.
Footnote 4 reads as follows:
“4
Council Directive 88/379/EEC on the approximation of laws, regulations and administrative
provisions relating to the classification, packaging and labelling of dangerous preparations (Official
Journal of the European Communities No. L 187 of 16.07.1988, page 14).”.
It should be corrected to read as follows:
“4
Directive 1999/45/EC of the European Parliament and of the Council of 31 May 1999 on the
approximation of laws, regulations and administrative provisions of the Member States relating to the
classification, packaging and labelling of dangerous preparations (Official Journal of the European
Communities No. L 200 of 30 July 1999, pages 1 to 68).”.
Annex A, Part 2, Chapter 2.2, Paragraph 2.2.62.1.11.1
Footnote 5 reads as follows:
“5
Commission Decision 2000/532/EC of 3 May 2000 replacing Decision 94/3/EC establishing a
list of wastes pursuant to Article 1(a) of Council Directive 75/442/EEC on waste and Council
Decision 94/904/EC establishing a list of hazardous waste pursuant to Article 1(4) of Council
Directive 91/689/EEC on hazardous waste (Official Journal of the European Communities No. L 226
of 6 September 2000, page 3).”.
It should be corrected to read as follows:
“5
Commission Decision 2000/532/EC of 3 May 2000 replacing Decision 94/3/EC establishing a
list of wastes pursuant to Article 1(a) of Council Directive 75/442/EEC on waste (replaced by the
Directive of the European Parliament and of the Council 2006/12/EC (Official Journal of the
European Communities No. L 114 of 27 April 2006, page 9) and Council Decision 94/904/EC
establishing a list of hazardous waste pursuant to Article 1(4) of Council Directive 91/689/EEC on
hazardous waste (Official Journal of the European Communities No. L 226 of 6 September 2000,
page 3).”.
Annex A, Part 2, Chapter 2.2, Paragraph 2.2.8.1.9
Paragraph 2.2.8.1.9 reads as follows:
“2.2.8.1.9
Substances, solutions and mixtures, which
-
do not meet the criteria of Directives 67/548/EEC 3 or 88/379/EEC 4 as
amended and therefore are not classified as corrosive according to these
directives, as amended; and
-
do not exhibit a corrosive effect on steel or aluminium;
may be considered as substances not belonging to Class 8.
NOTE: UN No. 1910 calcium oxide and UN No. 2812 sodium aluminate, listed in the
UN Model Regulations, are not subject to the provisions of ADR.”.
It should be corrected to read as follows:
“2.2.8.1.9
Substances, solutions and mixtures, which
-
do not meet the criteria of Directives 67/548/EEC 3 or 1999/45/EC 4 as
amended and therefore are not classified as corrosive according to these
directives, as amended; and
-
do not exhibit a corrosive effect on steel or aluminium;
may be considered as substances not belonging to Class 8.
NOTE: UN No. 1910 calcium oxide and UN No. 2812 sodium aluminate, listed in the
UN Model Regulations, are not subject to the provisions of ADR.”.
Footnote 4 reads as follows:
“4
Council Directive 88/379/EEC on the approximation of laws, regulations and administrative
provisions relating to the classification, packaging and labelling of dangerous preparations (Official
Journal of the European Communities No. L 187 of 16.07.1988, page 14).”.
It should be corrected to read as follows:
“4
Directive 1999/45/EC of the European Parliament and of the Council of 31 May 1999 on the
approximation of laws, regulations and administrative provisions of the Member States relating to the
classification, packaging and labelling of dangerous preparations (Official Journal of the European
Communities No. L 200 of 30 July 1999, pages 1 to 68).”.
Annex A, Part 2, Chapter 2.2, Paragraph 2.2.9.1.11
Note 1 to paragraph 2.2.9.1.11 reads as follows:
“NOTE 1:
GMMOs which are infectious are substances of Class 6.2, UN Nos. 2814 and 2900.”.
It should be corrected to read as follows:
“NOTE 1: GMMOs and GMOs which are infectious are substances of Class 6.2, UN Nos. 2814,
2900 or 3373.”.
Annex A, Part 2, Chapter 2.2, Paragraph 2.2.9.1.12
Paragraph 2.2.9.1.12 reads as follows:
“2.2.9.1.12
Genetically modified organisms, which are known or suspected to be dangerous to the
environment shall be carried in accordance with conditions specified by the competent
authority of the country of origin.”.
This paragraph should be deleted.
Annex A, Part 2, Chapter 3.3, Section 3.3.1
Special provision 637 reads as follows:
“637
Genetically modified microorganisms are those which are not dangerous for humans and
animals, but which could alter animals, plants, microbiological substances and ecosystems
in such a way as cannot occur naturally. Genetically modified microorganisms which have
received a consent for deliberate release into the environment 1 are not subject to the
requirements of Class 9. Live vertebrate or invertebrate animals shall not be used to carry
these substances classified under this UN number unless the substance can be carried in no
other way. For the carriage of easily perishable substances under this UN number
appropriate information shall be given, e.g.: "Cool at +2 °/+4 °C" or "Carry in frozen
state" or "Do not freeze".”.
It should be corrected to read as follows:
“637
Genetically modified microorganisms and genetically modified organisms are those which
are not dangerous for humans and animals, but which could alter animals, plants,
microbiological substances and ecosystems in such a way as cannot occur naturally.
Genetically modified microorganisms and genetically modified organisms are not subject to
the provisions of ADR when authorized for use by the competent authorities of the countries
of origin, transit and destination 1. Live vertebrate or invertebrate animals shall not be used
to carry these substances classified under this UN number unless the substance can be
carried in no other way. For the carriage of easily perishable substances under this UN
number appropriate information shall be given, e.g.: "Cool at +2 °/+4 °C" or "Carry in
frozen state" or "Do not freeze".”.
Annex A, Part 4, Chapter 4.1, Sub-section 4.1.6.14
The fifth entry of the table reads as follows:
Applicable
paragraphs
4.1.6.8
Valves with
inherent
protection
Reference
Annex B of
ISO 10297:1999
Title of document
Gas cylinder – Refillable gas cylinder valves – Specification
and type testing
It should be corrected to read as follows:
Applicable
paragraphs
4.1.6.8
Valves with
inherent
protection
Reference
Annex A of
EN ISO 10297:2006
Title of document
Gas cylinder – Refillable gas cylinder valves – Specification
and type testing
The sixth entry of the table reads as follows:
Applicable
paragraphs
4.1.6.8
Valves with
inherent
protection
Reference
Annex A of
EN 849:1996/A2:2001
Title of document
Transportable gas cylinders – Cylinder valves: specification
and type testing – Amendment 2
This entry should be deleted.
Annex A, Part 5, Chapter 5.4, Paragraph 5.4.1.2.2
Sub-paragraph (a) reads as follows:
“"(a)
For the carriage of mixtures (see 2.2.2.1.1) in tanks (demountable tanks, fixed tanks, portable
tanks, tank-containers or elements of battery-vehicles or of MEGCs), the composition of the
mixture as a percentage of the volume or as a percentage of the mass shall be given.
Constituents below 1% need not be indicated (see also 3.1.2.8.1.2);”.
It should be corrected to read as follows:
“(a)
For the carriage of mixtures (see 2.2.2.1.1) in tanks (demountable tanks, fixed tanks, portable
tanks, tank-containers or elements of battery-vehicles or of MEGCs), the composition of the
mixture as a percentage of the volume or as a percentage of the mass shall be given.
Constituents below 1% need not be indicated (see also 3.1.2.8.1.2). The composition of the
mixture need not be given when the technical names authorized by special provisions 581, 582
or 583 are used to supplement the proper shipping name;”.
-----