Dangerous goods law

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The dangerous goods includes world all international and national regulations of the traffic laws for the entire transport and transport-related temporary storage of hazardous materials and thus forms the basis for national laws, regulations and intergovernmental agreements.

UN Recommendations on the Transport of Dangerous Goods

The international basis of dangerous goods law are the Model Regulations of the UN Recommendations on the Transport of Dangerous Goods published by the United Nations , which are currently valid in revision 20 (2017). Most international agreements are based on them.

EU: European Agreement concerning the International Carriage of Dangerous Goods by Road (ADR)

The Accord européen relatif au transport international des marchandises Dangereuses par Route , German European Agreement on the International Carriage of Dangerous Goods by Road, regulates the transport of dangerous goods by road , and is valid throughout the European Union and the associated countries .

EU / MED: Regulation on the international carriage of dangerous goods by rail (RID)

The Reglement concernant le transport international ferroviaire de marchandises Dangereuses , German regulation for the international transport of dangerous goods by rail or regulation for the international rail transport of dangerous goods (Switzerland), is the agreement on the transport of dangerous goods by rail . It applies throughout Europe and in the adjacent Asian-African Mediterranean region to the Middle East . It is being developed by the organization intergouvernementale pour les transports internationaux ( OTIF ). It is an appendix to the Convention relative aux transports internationaux ferroviaires (COTIF), the German agreement on international rail traffic of May 9, 1980 ( Vilnius Protocol 1999), of which some other addenda are relevant for the transport of dangerous goods.

See also: Legislation governing international rail traffic

EU: European Agreement concerning the Carriage of Dangerous Goods by Inland Waterways (ADN)

The Accord européen relatif au transport international des marchandises dangereuses par voie de navigation intérieure , German European Agreement on the Carriage of Dangerous Goods by Inland Waterways, is one according to the Orange Book of the Committee of Experts on the Transport of Dangerous Goods (TDG) of the Economic and Social Council (ECOSOC) regulation issued by the UN for the transport of dangerous goods on inland waterways .

Scope also EU and associates, ratified initially (2011) by Bulgaria, Germany, France, Croatia, Luxembourg, Moldova, the Netherlands, Austria, Poland, Romania, Russian Federation, Switzerland, Serbia, Slovakia, Ukraine and Hungary. Signed in Geneva on May 26, 2000, entered into force on February 29, 2008. The regulation annexed to the Convention entered into force on February 28, 2009. Depositary : Secretary-General of the United Nations.

DE / FR / BENELUX: European Agreement concerning the Carriage of Dangerous Goods on the Rhine (ADNR)

The Accord européen relatif au transport international des marchandises dangereuses par voie de navigation intérieure Rhin , German European Agreement on the Carriage of Dangerous Goods on the Rhine is a subspecies of the ADN and only applies to the Rhine .

The provisions of the ADNR are transformed into German law by the ordinance on the transport of dangerous goods on the Rhine of July 12, 2003. According to GGVBinSch , the provisions of the ADNR now also apply to all other navigable German inland waters except the Danube .

CEU: Regulations for the transport of dangerous goods on the Danube (ADN-D)

For the Danube , the corresponding Règles relatives au transport de marchandises dangereuses sur le Danube (ADN-D) , German regulations for the transport of dangerous goods on the Danube, apply . The regulations are valid in all Danube countries .

Worldwide: Dangerous Goods Regulations / Technical Instructions (IATA / ICAO) in aviation

The Dangerous Goods Regulations (IATA DGR) and the Technical Instructions For The Safe Transport of Dangerous Goods by Air (ICAO TI) specify the provisions for the transport of dangerous goods by air. The regulations are valid for the IATA and for the ICAO . The substances are labeled with the UN numbers .

Worldwide: Maritime Safety Conventions (IMO – IMDG / ISM / IBC) in maritime traffic

The international, depending on national adoption, more or less recognized binding safety regulations for the transport of dangerous sea freight in maritime shipping are set by the International Maritime Organization (IMO) in its working groups Maritime Safety Committee (MSC), Marine Environment Protection Committee (MEPC) and Legal Committee (LEG) drawn up. The central guideline is the International Convention for the Safety of Life at Sea (SOLAS), the labeling and packaging for stacking, storage and handling on board and in the port using the International Maritime Dangerous Goods Code (IMDG) (which largely complies with ADR / RID is), the International Management Code for the Safe Operation of Ships and for Pollution Prevention (ISM) for general safety guidelines for maritime shipping, as well as the codes:

The above Codes regulate constructions and requirements for ships transporting dangerous goods. They are part of the SOLAS convention .

The system is summarized in the Global Integrated Shipping Information System (GISIS).

Industry-specific regulations

Chemicals, especially pesticides

Waste management:

Radioactive materials:

Further:

  • Convention to Ban the Importation into Forum Island Countries of Hazardous and Radioactive Wastes and to Control the Transboundary Movement and Management of Hazardous Wastes within the South Pacific Region (Waigani Convention des Pacific Islands Forum ), Waigani 1995

International conventions on liability in the event of accidents involving dangerous goods

and for Europe in general the Brussels Convention / Lugano Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters (EuGVÜ / LGVÜ) 1975, the former replaced by the following Regulation (EC) No. 44/2001 (EuGVVO)

National implementation

All of these “supranational” regulations are incorporated into national law in the individual contracting countries through national legislation. There are also autochthonous national solutions, particularly in the USA.

Germany

In Germany , these are essentially the Hazardous Goods Transport Act (GGBefG), the Hazardous Goods Ordinance Road / Railway / Inland Shipping (GGVSEB), the Hazardous Goods Ordinance Sea Ships (GGVSee) and the Aviation Act (LuftVG), the Aviation Licensing Regulations (LuftVZO) and the Messages for Air Drivers (NfL).

Austria

In Austria this applies Gefahrgutbeförderungsgesetz (GGBG), the Transportation of Dangerous Goods Regulation (GGBV), for transport of dangerous goods , the general road traffic regulations (Highway Code), the Railway Act (Railway Act) and regulations of the Civil Aviation Act (LFG) and the inland navigation law and in particular the Container Security Act (CSG).

Italy

In Italy there is no organic law, but the provisions are regulated by various decrees and ordinances published as Art Annex C of ADR / RID.

Canada: Federal Workplace Hazardous Materials Information System Legislation (WHMIS)

Under Federal WHMIS Legislation one summarizes the legislative Canada together, which on the Workplace Hazardous Materials Information System (WHMIS) based. The system is similar to the European hazardous substance labels.

USA: Code of Federal Regulations (NFPA 704)

In the USA you will mainly find the Code of Federal Regulations , which is the US dangerous goods law. The hazard diamond according to NFPA 704 Hazard Identification System corresponds to the label used in ADR.

In addition, the Ministry of Transport also uses a dangerous goods regulation based on the UN classification.

See also

literature

  • Directorate-General for Energy and Transport (responsible): Commission staff working document. Document accompanying the proposal for a directive of the European Parliament and of the Council on the inland transport of dangerous goods. Summary of the impact assessment . Ed .: Commission of the European Communities . December 22, 2006 ( pdf , uni-mannheim.de [accessed on September 13, 2008] SEK (2006) 1726, with regard to COM (2006) 852 final SEC (2006) 1725).
  • Hartenstein / Reuschle, manual of the specialist lawyer for transport and forwarding law , 1st edition, Cologne 2010, Verlag Luchterhand, ISBN 978-3-472-06196-0 , chap. 18: Dangerous goods transport law
  • Himmelreich, Klaus / Hahn, Wolfgang, Handbook of the specialist lawyer for traffic law , 3rd edition, Cologne 2010, Verlag Luchterhand, ISBN 978-3-472-07593-6 , chap. 38: Dangerous goods law, p. 2103 ff.

Web links

Individual evidence

  1. ^ Twentieth revised edition (files with track changes). UNECE , accessed February 7, 2018 .
  2. ↑ General information (short version) ( Memento from June 18, 2008 in the Internet Archive ). In: otif.org .
  3. ^ Accession to the Intergovernmental Organization for International Rail Traffic (OTIF) ( Memento of 5 December 2008 in the Internet Archive ), SCADplus , europa.eu
  4. ↑ European Agreement on the International Carriage of Dangerous Goods by Inland Waterways (ADN) , untreaty.un.org
  5. ^ Transport Division - Dangerous Goods , The UN Economic Commission for Europe and the Transport of Dangerous Goods
  6. ↑ Central Commission for the Navigation of the Rhine - Status: 02/2011 ( PDF )
  7. ↑ Roderich Regulator, Kurt Eder: Report of the Transport Committee on the government bill (196 of the enclosures): European Agreement on the International Carriage of Dangerous Goods by Inland Waterways (ADN) including regulation and declaration . Vienna June 30, 2004 ( pdf [accessed on September 13, 2008] 577 of the supplements to the stenographic minutes of the National Council XXII. GP).
  8. ↑ Central Commission for Navigation on the Rhine (ed.): Joint expert meeting for the regulation (ADN) attached to the Convention on the International Carriage of Dangerous Goods by Inland Waterways (Safety Committee) . February 25, 2008, provisional agenda for the thirteenth meeting ( doc [accessed on September 13, 2008] CCNR-ZKR / ADN / WP.15 / AC.2 / 27 and 27 / Add.1).
  9. ↑ Regulations for the transport of dangerous goods on the Danube , danubecom-intern.org (pdf, accessed: September 13, 2008)
  10. ↑ Maritime Safety. IMO , accessed July 28, 2017 .
  11. ^ Maritime Safety Committee (MSC). IMO , accessed July 28, 2017 .
  12. ^ Marine Environment Protection Committee (MEPC). IMO , accessed July 28, 2017 .
  13. ^ Legal Committee (LEG). (No longer available online.) IMO , archived from the original on July 28, 2017 ; accessed on July 28, 2017 (English). Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. @1@ 2Template: Webachiv / IABot / www.imo.org
  14. ^ Development of the ISM Code. IMO , accessed July 28, 2017 .
  15. ↑ ISM Info - Primary source documents ( Memento of the original from October 2, 2008 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. , ismcode.net  @1@ 2Template: Webachiv / IABot / www.ismcode.net
  16. ↑ International Code for the Construction and Equipment of Ships carrying Dangerous Chemicals in Bulk (IBC Code). IMO , accessed July 28, 2017 .
  17. ↑ International Code of Conduct on the Distribution and Use of Pesticides
  18. ↑ UN Regulations for the Safe Transport of Radioactive Material 2005 Edition (PDF; 1.9 MB), iaea.org
  19. ^ Convention on Civil Liability for Damage Cause during Carriage of Dangerous Goods by Road, Rail and Inland Navigation Vessels (CRTD) , UNECE
  20. ↑ 2002/971 / EG: Council decision of November 18, 2002 authorizing the member states, in the interest of the Community, to grant the 1996 International Convention on Liability and Compensation for Damage During the Carriage of Noxious and Dangerous Substances by Sea (HNS Convention) ratify or accede to EUR-Lex
  21. ↑ Overview: Transport - Homepage of the Federal Ministry for Transport, Innovation and Technology
  22. ^ WHMIS: A Guide to the Legislation , Ministry of Labor, Ontario
  23. ↑ see Code of Federal Regulations - English Wikipedia