Transportation of Dangerous Goods

version for discussion during the presentation
Iryna Kosse, Leading Research Fellow at the Institute for Economic Research and Policy Consulting

Summary 

The brief discusses the crucial aspects and regulatory frameworks concerning transporting dangerous goods in Ukraine and the European Union. It emphasizes the significant risks of transporting such goods, including potential accidents and hazards that can cause injury, environmental damage, and property loss. The document highlights the importance of adhering to safety measures and regulatory standards, particularly those outlined in EU Directive 2008/68/EC, which aims to harmonize safety rules for the international transport of dangerous materials. These measures involve refining legal definitions, expanding the responsibilities of those involved in transporting hazardous goods, and clarifying the powers of governing bodies. Proposed amendments to Ukrainian legislation aim to improve safety standards in transporting dangerous goods across various modes of transport, including road, rail, and river. These standards and reforms must be urgently implemented to ensure safety and compliance with European norms. The brief addresses the specific needs and challenges in transporting dangerous goods within Ukraine.

Introduction

The transportation of dangerous goods by various modes of transport carries a significant risk of accidents and other hazardous events. These incidents can lead to injury or death of people and damage to property, the environment, and health. Therefore, taking measures to ensure the safety of such cargo transportation is extremely important.

The category of dangerous goods includes various materials, products, solids, liquids, and gases, as well as waste from production and other activities. At different stages of transportation, they can cause explosions, fires, damage to technical equipment, and lead to material losses and environmental harm, as well as negatively affect health due to poisoning.

The issue of transporting dangerous goods includes regulating the safety of the materials, vehicles, and transport networks that carry them. For Ukraine to trade these materials (e.g., fuel) with other countries, it is necessary to ensure that the regulation of transportation of dangerous goods in Ukraine meets global and European standards.

European Requirements for the Transportation of Dangerous Goods

In the European Union, the transportation of dangerous goods is regulated by Directive 2008/68/EC[1], which aims to harmonize the rules for safe international transport of such materials. These rules apply to the transportation of dangerous goods within or between member states through various modes of transport, ensuring proper safety and facilitating the effective functioning of the common transport market.

This Directive refers to other EU legislative acts in this field:

  1. ADR – The European Agreement concerning the International Carriage of Dangerous Goods by Road.[2]
  2. RID – The Regulations concerning the International Carriage of Dangerous Goods by Rail.[3]
  3. AND – The European Agreement concerning the International Carriage of Dangerous Goods by Inland Waterways.[4]

Transport vehicles must integrate specifically defined braking devices or speed limiters depending on the size and type of dangerous goods. In addition, there are individual requirements for electrical equipment and ventilation, connecting devices to any trailers, or preventing fire risk.

Regardless of the type and nature of dangerous goods, their proper identification, also known as marking, mainly requires meaningful and clearly visible orange warning signs with certain combinations of numbers on the truck’s outer front and rear parts. Explosive and radioactive goods and transported containers are considered special cases and must be identified with additional plates on all four sides of the vehicle.

In addition, there are requirements for conducting special training for personnel of companies engaged in the transportation of dangerous goods. Such training helps to reduce the risk of incidents related to the human factor, which is one of the primary causes of most events with hazardous goods.

Directive 2008/68 makes the application of ADR/RID/ADN mandatory for domestic transportation of dangerous goods. After a country fully implements the ADR/RID/ADN provisions, more stringent provisions can be applied based on transport safety principles, except for design requirements that national rules can regulate.

Member states have the right to regulate or restrict the transportation of dangerous goods on their territory for other reasons, such as environmental protection or national security. However, transportation between EU member states and other countries must comply with the established requirements of Directive 2008/68/EC for the safe transportation of dangerous goods.

The implementation of Directive 2008/68/EC requires active cooperation between various competent authorities at the national level – emergency services to prevent technogenic disasters, experts, ministries of economics for market surveillance, certification authorities, periodic inspections of equipment, vehicles, packaging, etc., national statistical institutions for assessing the volumes of dangerous goods transportation, general transport safety authorities, and customs authorities, etc.

Regulation of the Transportation of Dangerous Goods in Member States

The provisions of Directive 2008/68/EC were to be transposed into the national legislation of EU member states by June 30, 2009. However, not all managed to do so on time – in October 2010, Austria and Ireland were sued in the EU Court for failing to transpose the Directive[5]within the deadline. But now, in all EU member states, the regulation of the transportation of dangerous goods is the same and complies with the provisions of Directive 2008/68/EC.

In France, the transportation of dangerous goods is regulated by the Order of the Ministry of Ecology, Sustainable Development, and Energy of France dated 29.05.2009.

The Order regulates domestic and international transportation of dangerous goods in France by road, rail, and inland waterways. There is a separate annex for each mode of transport.

The Order does not repeat the provisions in the general guidelines of ADR, RID, and ADN but refers to specific provisions. Where necessary, some clarifications are added.

The Order establishes institutional structures of competent authorities for controlling dangerous goods with direct reference to ADR, RID, and ADN provisions. It also introduces a system of administrative sanctions for violations of ADR, RID, and ADN.

France followed the structure of Directive 2008/68/EC and international agreements ADR, RID, and ADN to minimize the work on its implementation and achieve compliance with national and international legislation.[6]

In Germany, drivers who transport hazardous materials must undergo additional training. Drivers must take refresher courses, including an exam, every five years. If drivers want to possess all the necessary qualifications, they must take 48 lessons and pass four tests.

European rules also provide for the role of a safety advisor for hazardous goods. The safety consultant advises companies and takes preventive measures to ensure the safe transportation of goods, for example, by controlling the packing procedure or ensuring the use of appropriate vehicles. The Chamber of Commerce and Industry trains safety consultants and drivers transporting hazardous goods in Germany.[7]

In Germany, the police, the Federal Office for Goods Transport (BAG), and the Ministry of Transport, Building, and Urban Development monitor compliance with the rules for transporting hazardous goods.[8] Some aspects of transport are regulated by the Ministry of Defense and the Ministry of the Interior. The Federal Institute for Materials Research and Testing is responsible for testing and approving packaging for transporting hazardous goods. The Federal Institute for Radiation Protection studies the specifics of transporting radioactive materials.

In Poland, inspections can be conducted by inspectors of the Motor Transport Inspection, entrepreneurs owning dangerous goods, employees of the State Fire Service, police officers, officers of the Border Guard Service, inspectors of the National Labor Inspection, customs officers, military personnel of the military police and military security service (regarding the transport vehicles of the Armed Forces), authorized employees of the National Atomic Energy Agency, and authorized employees of the Transport Technical Supervision Authority. During inspections related to the transportation of dangerous goods, many comprehensive actions are carried out regarding the completeness of documentation, the necessary qualifications of persons involved in transportation, and the technical condition of the transported material.

Regulation of the Transportation of Dangerous Goods in Ukrainian Legislation

Transportation of dangerous goods in Ukraine is regulated by the Law of Ukraine “On the Transportation of Dangerous Goods,” other domestic laws, special acts concerning specific types of transport, as well as decrees of the Government of Ukraine and relevant orders of the Ministry of Infrastructure and the Ministry of Internal Affairs.

Dangerous materials are divided into several classes, including explosives and products, gases, flammable liquids and solids, materials prone to spontaneous combustion, those releasing flammable gases upon contact with water or that oxidize, as well as other types such as organic peroxides, toxic and infectious materials, radioactive substances, corrosive and other dangerous substances and products.

For transporting hazardous goods and waste, Ukrainian companies must obtain a license from the State Service of Ukraine for Transport Safety. International transportation of dangerous goods through Ukraine’s territory is carried out per the ADR’s requirements. Shippers, carriers, and recipients of hazardous goods must ensure the training and professional development of individuals involved in the shipping, transporting, and receiving dangerous goods. The training of specialists in the transportation of hazardous goods is conducted in specialized training centers approved by the Department of the Traffic Police of the Ministry of Internal Affairs of Ukraine.[9]

Road transportation of such goods, classified as hazardous cargo, requires approval from the National Police.[10] The carrier must develop routes and modes of transportation for dangerous goods, obtain the necessary certificate for their transport, and constantly monitor the condition of both the vehicles and the cargo. Passing through residential areas, ecologically sensitive zones, industrial sites with hazardous objects, or roads that do not meet the requirements for transport vehicles is prohibited.

Vehicles transporting dangerous goods, marked with information tables, must necessarily have kits corresponding to ADR safety standards and additional means for fire extinguishing.

The Association Agreement between Ukraine and the European Union includes commitments to implement Directive 2008/68/EC. All provisions of the Directive were supposed to be implemented for all transportation of hazardous goods in the execution of international transport within one year after the Agreement came into force and within three years for national transport sectors after the Agreement entered into force. While the requirement for international road transport was met, there have been delays with internal Ukrainian transport. Ukrainian legislation generally takes into account the provisions of Directive 2008/68/EC; however, there are shortcomings.

In 2015, the Ministry of Infrastructure, together with the Ministry of Internal Affairs, approved the “Procedure for the Inspection of Tankers for the Transportation of Dangerous Goods” and later adopted rules for the transportation of such goods by inland waterways of Ukraine, which corresponded to European standards.

However, strengthening the safety of transporting dangerous goods and considering all safety requirements requires a set of organizational and normative measures. These measures aim to implement the provisions of Directive 2008/68/EC and introduce new approaches to regulation in this area.

For example, the law “On the Transportation of Dangerous Goods” does not contain a list of vehicles designated for these transports. This omission leads to a lack of definition of these vehicles’ condition, design, and equipment requirements.

Also, domestic legislation does not regulate the procedure for resolving disputes arising in connection with the transportation of dangerous goods. It does not define the procedure for monitoring compliance with transportation requirements. The question of who is responsible for controlling the transportation of dangerous goods at different stages of transportation has not been resolved.

Recommendations

The first step is to achieve European safety standards in transporting dangerous goods by various modes of transport, including road, rail, and river transport. This requirement is defined in Directive 2008/68/EC and is provided for in the corresponding bill[11] registered in the Verkhovna Rada of Ukraine.

However, the European Commission has sharply noted the prolonged delay in adopting this bill in its annual reports on Ukraine’s implementation of the Association Agreement with the EU.[12] The adoption of this bill must consider the remarks of the Committee on European Integration of the Verkhovna Rada.[13]

To align national legislation with the requirements of Directive 2008/68/EC and the proper application of international agreements, it is important to clarify and review the terminology of the Law of Ukraine ‘On the Transportation of Dangerous Goods.’ This concerns the definition of key terms, expanding the list of rights and obligations of participants in the transportation of dangerous goods, and clearly defining the powers of the authorities responsible for state management in this area.

The mentioned bill proposes establishing an annual mandatory technical inspection for specialized vehicles transporting hazardous goods instead of the current frequency of twice a year. This change aligns with the frequency of technical inspections for trucks carrying dangerous goods in EU countries.

Such reform requires attention to defining new terms such as ‘dangerous goods,’ ‘transportation of dangerous goods,’ as well as expanding the concepts of ‘goods of increased danger,’ ‘other participants in the transportation of dangerous goods,’ ‘loader,’ ‘packer,’ ‘filler,’ ‘unloader,’ ‘container operator,’ ‘infrastructure manager,’ ‘entity responsible for technical maintenance,’ and others. In addition, it is necessary to standardize the conditions for transporting dangerous goods and establish responsibility in this area.

To ensure adequate safety during the transportation of dangerous goods, it is worth reviewing the legislation and harmonizing it with European standards. This includes reviewing norms regarding the responsibility of authorized persons for safety in transportation, loading/unloading procedures, providing the transport sector with qualified personnel, and using rolling stock with an increased level of safety in design. It is also necessary to standardize the issuance of certificates for the admission of vehicles to the transportation of certain dangerous goods, coordination, and documentation of the vehicle’s route during the road transportation of hazardous goods.

To ensure that the new norms for the transportation of dangerous goods are fully effective, amendments need to be made to the Law of Ukraine ‘On Transport,’ specifying the powers of the State Service of Ukraine for Transport Safety in this area. Also, in the Law of Ukraine ‘On Road Traffic,’ it is necessary to harmonize the requirements of national legislation on the periodicity of mandatory technical control of vehicles transporting dangerous goods with the requirements of ADR.

Useful materials:
1. Follow the link or Continue reading
2. concluded in Geneva on September 30, 1957. Continue reading
3. contained in Annex C to the Convention on International Railway Carriage (COTIF), signed in Vilnius on June 3, 1999. Continue reading
4. concluded in Geneva on May 26, 2000. Continue reading
5. Follow the link or Continue reading
6. Follow the link or Continue reading
7. Follow the link or Continue reading
8. Follow the link or Continue reading
9. Follow the link or Continue reading
10. in accordance with the order of the Ministry of Internal Affairs of Ukraine "On the approval of certain regulatory acts on road transportation of dangerous goods" dated August 4, 2018 No. 656. Continue reading
11. Follow the link or Continue reading
12. Follow the link or Continue reading
13. In particular, the Committee criticizes the lack of clear criteria for assigning dangerous goods to the category of increased danger. Continue reading