International conditions for the transport of dangerous goods by rail MVMSZ RID workshop, 29 th...

International conditions for the transport of dangerous goods by rail

MVMSZ RID workshop,29th November 2012, Budapest (HU)

Gilles Peterhanstechnical coordinator UIP

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Table of contents

UIP: International Union of Wagon keepers

International legal framework

European legal framework

Allocation of responsibilities

Operational safety and controls

Conclusions

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UIP – external working structures

Environment

Member: 14 national association

UIP

UIC, CER, ERFA, UNIFE, UIRR, EIM, UITP, EPTTOLA, ESC,

CLECAT, ETF,...

OTIF, UNIDROIT, RSRD2, nationale associations, etc.

Council of the EUEuropean

Parliament

Council of Transport Ministers

TRAN Committee

European Railway Agency (ERA) *

EUROPEAN INSTITUTIONS

Other intern. associations

Other organisationes

MEMBERS• keepers• workshops• shippers• ...

ERA Administrative Board

European Commission

Commissioner for Transport

* ERA draft recommendations for EU COMMISSION on safety and interoperability

RISC: Member States

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UIP – internal working structures

Since 09.2011

UIP office3 persons

TC Safety TC Interop TC Data ExchangeTC GCU TC Economic Evaluation

B. Dambrine (EB)R. KogelheideCA. RivièreV. NicaisePh. LalucR. GrünhagenS. Franke

J. Bauer (EB)J. WirtgenD. GilliamC. PianaO. BehrensC. BadarauB. WielochM. Pokorny

PA Benthin (EB)S. LohmeyerJ. FeindertPh. BoucheteilB. Dambrine

J. Mansbart (EB)G. PeterhansM. StuberTh. HeydenreichK. ElsnerM. Morrocu

F. Walewski (EB)M. VaerstD. ParkerI. SaabelJ. FriessM. PacellaPh. BoucheteilR. ZechendorfU. SwertzV. Hauzy

GCU Working Group

Chairmen coordination

NA committee

All national asscoiations

EXECUTIVE BOARD 8 members

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Conclusions

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International legal frameworkfor the transport of dangerous goods

ICAO: International Civil Aviation Organisation IMO: International Maritime OrganisationECE: Economic Commission for EuropeOTIF : Intergov. Organisation for intern. transport by rail

*RID: Appendix C of COTIF 1999

UN CoE

AIR ICAO

IATA DGR

SEA IMO

IMDG CODE

ROAD - (ECE) Inland

Transport Committee

ADR

RAILOTIF

RID*

INLAND WATERWAYS -

(ECE) Inland Transport

Committee

ADN

United Nations Committee of Experts on the Transport of Dangerous Goods

Guidance

International regulatory

bodies

International regulations

Regulations Concerning the International Carriage of Dangerous Goods by Rail (RID) 2011

Publisher:The Intergovernmental Organization for International Carriage by Rail (OTIF)

National rules

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Harmonized with other mode regulations (sea, air, road), allows carriers of one country to carry dangerous goods from this country through and to any other country

Unified classification, documentation and responsibilities

Mutual recognition, mutual trust and cooperation between Contracting Parties

High level of safety, but not excessive burden for countries

Possibility of negotiating derogations with other Contracting Parties (bilateral/multilateral)

Amended every two years to ensure further harmonization with other modes

In the sense of a single railway market, not sensful for a country to keep separately national regulations updated and different from international regulations, national and international regulations need to be consistent

Why RID ?

RID vs national measures

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Conclusions

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European legal frameworkfor the transport of dangerous goods

2004/49/ECSafety Directive

• 2008/110 ECM• 2009/149 Common Safety

Targets

2008/68/ECDangerous goods

• Derogation to international regulation only under certain conditions

• Notification to EU commission

2009/352/ECCommon Safety Methods

• Risk Evaulation & Assessment

• Monitoring• Supervision

National safety rules, (…) should gradually be replaced by rules based on common standards, established by TSIs.(…). All interested parties should therefore be consulted before a Member State adopts a national safety rule that requires a higher safety level than the common safety targets (CSTs). In such cases the new draft rule should be subject to examination by the Commission, which should adopt a Decision if it appears that the draft rule is not in conformity with Community legislation or constitutes a means of arbitrary discrimination or a disguised restriction on rail transport operation between Member States.

The ADR, RID and ADN lay down uniform rules for the safe international transport of dangerous goods. Such rules should also be extended to national transport in order to harmonise across the Community the conditions under which dangerous goods are transported and to ensure the proper functioning of the commontransport market.

RU/IM procedures and methods for carrying out risk evaluation and implementing risk control measures whenever a change of the operating conditions or new material imposes new risks on the infrastructure, vehicles or on operations.To manage changes in equipment, procedures, organisation, staffing or interfaces, the entities in charge of maintenance should have in place risk assessment procedures.National safety authorities involved in supervising railway undertakings holding safety certificates and operating across borders in other Member States shall co-ordinate their approaches to supervision.

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European legal frameworkDefined responsibilities in operation in EU law

A manual with the limits and conditions of use (an excerpt of the technical file) enable the RU/ECM to take their responsibility for safe operation (including maintenance) allocated to them by the Safety Directive.

RU

checks with his its SMS that it operates authorised vehicles and that it considers the limits and conditions of use set out in the manual within its operation and maintenance tasks.

--------------Safety Directive 2004/49, Article 4(3): “The RU shall be made responsible for safe operation and associated control of risks”

Safety Directive 2004/49, Article 9: “Through its SMS, the RU shall control all risks associated with its activities including supply of maintenance and use of contractors”

Article 5(1) of Commission Regulation 445/2011 imposes to RU to ensure that the ECM is registered in the NVR and appropriately certified Exchange of information - Article 5(4) of Commission Regulation 445/2011: RU must provide to ECM information on operations performed (e.g. mileage,

results of inspections) TSI OPE - 4.2.2.5. T r a i n c o m p o s i t i o n: The railway undertaking must define the rules and procedures to be followed by his staff so as to ensure that

the train is in compliance with the allocated path.TSI OPE - 4.2.3.3.1. Checks and tests before departure: The railway undertaking must define the checks and tests to ensure that any departure is undertaken safely (e.g. doors, load, brakes).

TSI OPE - 4.2.3.3.2. Informing the infrastructure manager of the train's operational status The railway undertaking shall inform the infrastructure manager when a train is ready for access to the network. The railway undertaking must inform the infrastructure manager of any anomaly affecting the train or its

operation having possible repercussions on the train's running prior to departure and during the journey.

TankWagon

operator

(RID – 1.4.3.5) In the context of 1.4.1, the tank-wagon operator shall in particular: …/… (c) have a special check made when the safety of the shell or its equipment is liable to be impaired by a repair, an alteration or an accident.

IM

Consistency between condition of use and path allocation----------------

TSI OPE - 4.2.3.1. T r a i n p l a n n i n gIn accordance with Directive 2001/14/EC the infrastructure manager must advise what data is required when a train path is requested.

ECM CB Certifies the ECM

ECM Exchange of information - Article 5(2) of Commission Regulation 445/2011: The ECM has to address return to operation issues to RUs and keepers.

National Safety

Authority

RSD Art. 10.3: grants the RU safety certificate

RSD Art 11: delivers the safety authorisation to the IM

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Conclusions

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Railway transport is and will remain a very safe transport mode Number of incidents n relation to the number of trains/trains-kilometer

and freight loads is minimal but even if we have have very few failures, their consequences can be catastrophic (injuries, financial, …)

Potentialy higher risks if not well managed because of high number of interfaces

Safety is a concern for all the actos in the railway transport chain

build & maintenance of

tracks

Compose train & operation

IM RU

Load

Loader

build & maintenance of

wagons

ECM/Keeper

Diverse root causes

OTIF law

EU law

Railway safety: the actors

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COTIF 99 incl. Appendix & GCU

Dangerous Goods Directive 2008/68

Safety Directive 2004/49 incl. national transposition

National rules

Transport contract incl. GTC

Technical prescriptions: EN Norms, UIC leaflets, private agreements

Legal frameworkWho loads? Consignor/Loader/Carrier: Art. 13§1, Point 6 GTC-CIM, Point 9 Checklist

Control of the load by carrier: protect the load & operational safety

Who is liable? the one loading: Art.13§2 CIM

WHO

Loader also as consignorOperator (for example terminals)Keeper & ECMRU as carrierIM (Infrastructure Manager)Authority

Railway has many actors

RID

UIC loading rules

UIC leaflet 471-3

Private agreements

HOW

Allocation of responsibilities under transport law

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Conclusions

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The classics

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The consignor (shipper) is responsible for the conformity of the load.Loading rules + RID 1.4The carrier (RU) verifies the conformity before the departure of the train.TSI OPE 4.2.3.3.1The checks concern 100 % of the loads from 01.01.2013.RID 1.4.2.2.1In case of an exchange of wagons during the transport, checks according to GCU.Appendix 9

Operational safety

Controls and checks in the chain

+ UIC leaflet 473-1- facilitate and fasten the transport of dangerous goods under high and uniform

safety standards- Ensure loaders fullfil their legal obligations regarding safety of the loads

+ Supervision of National Safety Authorities

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The consignor (shipper) is responsible for the conformity of the load.Loading rules + RID 1.4The carrier (RU) verifies the conformity before the departure of the train.TSI OPE 4.2.3.3.1The checks concern 100 % of the loads from 01.01.2013.RID 1.4.2.2.1In case of an exchange of wagons during the transport, checks according to GCU.Appendix 9

Operational safety

Controls and checks in the chain

+ UIC leaflet 473-1- facilitate and fasten the transport of dangerous goods under high and uniform

safety standards- Ensure loaders fullfil their legal obligations regarding safety of the loads

+ Supervision of National Safety Authorities

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Operational safety – UIC leaflet 473-1Checks – Chapter 5

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Operational safety – UIC leaflet 473-1Checks – Chapter 5

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Operational safety – UIC leaflet 473-1

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Conclusions

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Conclusions

Respect commitments under COTIF 1999 Art. 2§1 (strengthen rail freight business) and Art. 5 (facilitate and fasten international rail freight trafic )

National initiatives have to respect the provisions of Art. 5 of Directive 2008/68/EC & chap. 1.9 of RID regulation

National safety rules have to be notified to European Commission as required by Directive 2004/49/EC (safety directive)

Legal procedure for new national safety rules

*: ERA Safety Unit: CSI data report 2011 on 15.10.2012 out of ERail database

In 2011: EU 28 accident with dangerous goods out of 2’377 accidents*In 2011: HU 0 accidents with dangerous goods out of 147*

Implementation of RID 1.8.1 (01.01. 2013) will improve further the safety level and be implemented quickly via the requirements from CSM on Monitoring (2012/1078/EC, in force from 07.12.2012).

Transport of dangerous good is safe

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Conclusions

By managing risks and procedures, we (actors) avoid unnecessary, systematic and cost-inefficient controls!

By creating a proper safety culture, we (actors) avoid that Member States have to define unilateral and prescriptive measures hampering rail freigh trafic.

The transport of dangerous goods by rail ist not perfect but safe!

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Conclusions

1. Participate to RID sessions (to discuss issues with RID 1.4.2.2.5 or RID 1.4.3.6)2. Return of experience form supervision activities on national level3. Important safety issues should be raised to ERA Joint Network Secretariat

A way forward

Respect Internationalen Übereinkommens zur Harmonisierung der Warenkontrollen an den Grenzen – Appendix 9 (since 30.11.2011 in force)

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Thank you for your attention

GILLES PETERHANS

Technical Coordinator UIP

[email protected]

International conditions for the transport of dangerous goods by rail MVMSZ RID workshop, 29 th...

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