Directive 2008/68/EC of the European Parliament and of the CouncilDangos y teitl llawn

ANNEX II U.K. TRANSPORT BY RAIL

[F1 II.1. RID U.K.

The Annex to the RID, as applicable with effect from 1 January 2021 , it being understood that ‘ RID Contracting State ’ is replaced by ‘ Member State ’ as appropriate.]

Textual Amendments

F1 Substituted by Commission Delegated Directive (EU) 2020/1833 of 2 October 2020 amending the Annexes to Directive 2008/68/EC of the European Parliament and of the Council as regards adaptation to scientific and technical progress (Text with EEA relevance).

II.2. Additional transitional provisions U.K.

1. Member States may maintain derogations adopted on the basis of Article 4 of Directive 96/49/EC until 31 December 2010 or until Annex II, Section II.1 is amended to reflect the UN Recommendations on the Transport of Dangerous Goods referred to in that article if this occurs earlier. U.K.

2. Within its territory each Member State may authorise the use of wagons and tank wagons of gauge 1 520/1 524 mm constructed before 1 July 2005 which do not comply with this Directive but were constructed in accordance with Annex II to the SMGS or with that Member State's national provisions in force on 30 June 2005, provided that those wagons are maintained to the required safety levels. U.K.

3. Within its territory each Member State may authorise the use of tanks and wagons constructed before 1 January 1997 which do not comply with this Directive but were constructed in accordance with the national requirements in force on 31 December 1996, provided that such tanks and wagons are maintained to the required safety levels. U.K.

Tanks and wagons constructed on or after 1 January 1997 which do not comply with this Directive but were constructed in accordance with the requirements of Directive 96/49/EC that were applicable on the date of their construction may continue to be used for national transport.

4. Within its territory each Member State in which the ambient temperature is regularly lower than – 20 °C may impose more stringent standards as regards the operating temperature of materials used for plastic packaging, tanks and their equipment intended for use in the national transport of dangerous goods by rail until provisions on the appropriate reference temperatures for given climatic zones are incorporated into Annex II, Section II.1, to this Directive. U.K.

5. Within its territory each Member State may maintain national provisions other than those laid down in this Directive with regard to the reference temperature for the transport of liquefied gases or mixtures of liquefied gases, until provisions relating to appropriate reference temperatures for designated climatic areas are incorporated into European standards and referred to in Annex II, Section II.1, to this Directive. U.K.

6. Each Member State may, for transport operations performed by wagons registered within its territory, maintain the provisions of its national legislation in force on 31 December 1996 relating to the display or placement of an emergency action code or hazard card in place of the hazard identification number, provided for in Annex II, Section II.1, to this Directive. U.K.

7. For transport via the Channel Tunnel, France and the United Kingdom may impose provisions more stringent than those laid down in this Directive. U.K.

8. A Member State may maintain and adopt provisions for its territory on the transport of dangerous goods by rail from and to contracting parties of the OSJD. By means of appropriate measures and obligations the Member States concerned shall guarantee the maintenance of a level of safety equivalent to that provided for in Annex II, Section II.1. U.K.

The Commission will be informed of such provisions and will inform the other Member States accordingly.

Within 10 years of the entry into force of this Directive, the Commission will assess the consequences of the provisions mentioned in this paragraph. The Commission will, if necessary, submit appropriate proposals together with a report.

9. Member States may maintain national restrictions on the transport of substances containing dioxins and furans applicable on 31 December 1996. U.K.

[F2 II.3. National derogations U.K.

Derogations for Member States for the transport of dangerous goods within their territory on the basis of Article 6(2) of Directive 2008/68/EC.

Numbering of derogations: RA–a/bi/bii–MS–nn

RA

=

Rail

a/bi/bii

=

Article 6(2) a/bi/bii

MS

=

Abbreviation of Member State

nn

=

order number

Based on Article 6(2)(a) of Directive 2008/68/EC U.K.

DE Germany U.K.

RA–a–DE–2 U.K.

Subject: Combined packaging authorisation.

Reference to Annex II, Section II.1, to Directive 2008/68/EC: 4.1.10.4 MP2.

Content of the Annex to the Directive: Prohibition of combined packaging.

Content of the national legislation: Class 1.4S, 2, 3 and 6.1; authorisation of combined packaging of objects in Class 1.4S (cartridges for small weapons), aerosols (Class 2) and cleaning and treatment materials in Class 3 and 6.1 (UN numbers listed) as sets to be sold in combined packaging in packaging group II and in small quantities.

Initial reference to the national legislation: Gefahrgut-Ausnahmeverordnung – GGAV 2002 vom 6.11.2002 (BGBl. I S. 4350); Ausnahme 21.

Comments: List No 30*, 30a, 30b, 30c, 30d, 30e, 30f, 30g.

Expiry date: 30 June 2021

FR France U.K.

RA–a–FR–3 U.K.

Subject: Transport for the needs of the rail carrier.

Reference to Annex II, Section II.1, to Directive 2008/68/EC: 5.4.1.

Content of the Annex to the Directive: Information concerning hazardous materials to be indicated on the consignment note.

Content of the national legislation: Transport for the needs of the rail carrier of quantities not exceeding the limits set in 1.1.3.6 is not subject to the load declaration obligation.

Initial reference to the national legislation: Arrêté du 5 juin 2001 relatif au transport des marchandises dangereuses par chemin de fer – Article 20.2.

Expiry date: 30 June 2021

RA–a–FR–4 U.K.

Subject: Exemption from the labelling of certain mail wagons.

Reference to Annex II, Section II.1, to Directive 2008/68/EC: 5.3.1.

Content of the Annex to the Directive: Obligation to affix labels on the walls of wagons.

Content of the national legislation: Only mail wagons carrying over 3 tonnes of a material in the same class (other than 1, 6.2 or 7) must be labelled.

Initial reference to the national legislation: Arrêté du 5 juin 2001 relatif au transport des marchandises dangereuses par chemin de fer – Article 21.1.

Expiry date: 30 June 2021

SE Sweden U.K.

RA–a–SE–1 U.K.

Subject: A railway carriage carrying dangerous goods, as express goods, need not be marked with labels.

Reference to Annex II, Section II.1, to Directive 2008/68/EC: 5.3.1.

Content of the Annex to the Directive: Railway carriages carrying dangerous goods must display labels.

Content of the national legislation: A railway carriage carrying dangerous goods, as express goods, need not be marked with labels.

Initial reference to the national legislation: Särskilda bestämmelser om vissa inrikes transporter av farligt gods på väg och i terräng.

Comments: There are quantity limits in the RID for goods designated as express goods. Therefore it is a small quantity issue.

Expiry date: 30 June 2021

Based on Article 6(2)(b)(i) of Directive 2008/68/EC U.K.

DK Denmark U.K.

RA–bi–DK–1 U.K.

Subject: Carriage of dangerous goods in tunnels

Reference to Annex II, Section II.1, to Directive 2008/68/EC: 7.5

Content of the Annex to the Directive: Loading, unloading and protective distances

Content of the national legislation: The legislation provides for alternative provisions than provided for in Annex II, Section II.1 to Directive 2008/68/EC regarding carriage through the rail tunnel of the fixed link across the Great Belt and Øresund. These alternative provisions relate only to load volume and the distance between dangerous goods loads.

Initial reference to the national legislation: Bestemmelser om transport af Eksplosiver i jernbanetunnellerne på Storebælt og Øresund, 11. maj 2017.

Comments:

Expiry date: 30 June 2022

RA–bi–DK–2 U.K.

Subject: Carriage of dangerous goods in tunnels

Reference to Annex II, Section II.1, to Directive 2008/68/EC: 7.5

Content of the Annex to the Directive: Loading, unloading and protective distances

Content of the national legislation: The legislation provides for alternative provisions than provided for in Annex II, Section II.1 to Directive 2008/68/EC regarding carriage through the rail tunnel of the fixed link across Øresund. These alternative provisions relate only to load volume and the distance between dangerous goods loads.

Initial reference to the national legislation: Bestemmelser om transport af Eksplosiver i jernbanetunnellerne på Storebælt og Øresund, 11. maj 2017.

Comments:

Expiry date: 28 February 2022

DE Germany U.K.

RA–bi–DE–2 U.K.

Subject: Transportation of packaged hazardous waste.

Reference to Annex II, Section II.1, to Directive 2008/68/EC: 1 to 5.

Content of the Annex to the Directive: Classification, packaging and marking.

Content of the national legislation: Classes 2 to 6.1, 8 and 9: Combined packaging and transportation of hazardous waste in packs and IBCs; waste must be packaged in internal packagings (as collected) and categorised in specific waste groups (avoidance of dangerous reactions within a waste group); use of special written instructions relating to the waste groups and as a waybill; collection of domestic and laboratory waste, etc.

Initial reference to the national legislation: Gefahrgut-Ausnahmeverordnung – GGAV 2002 vom 6.11.2002 (BGBl. I S. 4350); Ausnahme 20.

Comments: List No 6*.

Expiry date: 30 June 2021

RA–bi–DE–3 U.K.

Subject: Local transport of UN 1381 (phosphorus, yellow, under water), Class 4.2, packaging group I, in railway tank wagons.

Reference to Annex II, section II.1 to Directive 2008/68/EC: 6.8, 6.8.2.3.

Content of the Annex to the Directive: Provisions for the construction of tanks and tank wagons. Chapter 6.8, subsection 6.8.2.3, requires type approval for tanks carrying UN 1381 (phosphorus, yellow, under water).

Content of the national legislation: Local transport of UN 1381 (phosphorus, yellow, under water), Class 4.2, packaging group I, over short distances (from Sassnitz-Mukran to Lutherstadt Wittenberg-Piesteritz and Bitterfeld) in railway tank wagons built according to Russian standards. The transport of the goods is subject to additional operational provisions laid down by the competent safety authorities.

Initial reference to the national legislation: Ausnahme Eisenbahn-Bundesamt Nr. E 1/92.

Expiry date: 30 January 2025 .

SE Sweden U.K.

RA–bi–SE–1 U.K.

Subject: Carriage of hazardous waste to hazardous waste disposal plants.

Reference to the Annex II, Section II.1 to Directive 2008/68/EC: Part 5 and 6.

Content of the Annex to the Directive: Requirements for construction and testing of packages.

Content of the national legislation: Carriage of packagings containing dangerous goods as waste shall be carried out in accordance with the provisions of this Directive from which only a few exemptions are allowed. Exemptions are not permitted for all types of substances and articles.

The main exemptions are:

Small packagings (less than 30 kg) of dangerous goods as waste may be packed in packagings, including IBCs and large packagings, without complying with the provisions of sub-sections 6.1.5.2.1, 6.1.5.8.2, 6.5.6.1.2, 6.5.6.14.2, 6.6.5.2.1 and 6.6.5.4.3 of Annex II, Section II.1 to this Directive. Packagings, including IBCs and large packagings need not be tested as prepared for carriage with a representative sample of small inner packages.

This is permitted provided that:

• packagings, IBCs and large packagings conform to a type which has been tested and approved according to packing group I or II of the applicable provisions of Sections 6.1, 6.5 or 6.6 of Annex II, Section II.1 to this Directive,

• the small packagings are packed with absorbent material that retains any free liquid that might escape into the outer packagings, IBCs or large packagings during carriage, and

• the packagings, IBCs or large packagings as prepared for carriage has a gross mass of no more than the permitted gross mass stated on the UN design type marking for packing groups I or II for the packagings, IBCs or large packagings, and

• the following sentence is included in the transport document ‘ Packed according to part 16 of RID-S ’

Initial reference to the national legislation: Appendix S – Specific regulations for the domestic transport of dangerous goods by rail issued in accordance with the Transport of Dangerous Goods Act

Comments: Sub-sections 6.1.5.2.1, 6.1.5.8.2, 6.5.6.1.2, 6.5.6.14.2, 6.6.5.2.1 and 6.6.5.4.3 of Annex II, Section II.1 to this Directive are difficult to apply because the packagings, IBCs and large packagings shall be tested with a representative sample of the waste, which is hard to predict on beforehand.

Expiry date: 30 June 2021 .

Based on Article 6(2)(b)(ii) of Directive 2008/68/EC U.K.

DE Germany U.K.

RA–bii–DE–1 U.K.

Subject: Local transport of UN 1051 (Hydrogen Cyanide, stabilised, liquid, containing 1 % or less water by mass), in railway tank wagons, derogating from subsection 1 of Annex II, Section II. 1, to Directive 2008/68/EC.

Reference to Annex II, Section II. 1, to Directive 2008/68/EC: 3.2, 4.3.2.1.1.

Content of the Annex to the Directive: Ban on the transport of UN 1051 (hydrogen cyanide), stabilised, liquid, containing 1 % or less water by mass, in railway tank wagons, RID tanks).

Content of the national legislation: Local transport by rail on particular designated routes as part of a defined industrial process and closely controlled under clearly specified conditions. Transport takes place in tank wagons licensed specifically for this purpose and whose construction and fittings are continually adapted in line with the latest safety requirements. The transport process is regulated in detail by additional operational safety provisions in agreement with the relevant safety and emergency authorities and is monitored by the relevant supervisory authorities.

Original reference to national legal provisions: Ausnahmezulassung Eisenbahn-Bundesamt, No E 1/97.

End of the period of validity: 1 January 2023

RA–bii–DE–2 U.K.

Subject: local transport on designated routes of UN 1402 (calcium carbide), packaging group I, in containers on wagons.

Reference to Annex II, section II.1 to Directive 2008/68/EC: 3.2, 7.3.1.1

Content of the Annex to the Directive: General provisions for transport in bulk. Chapter 3.2, Table A, does not allow calcium carbide to be carried in bulk.

Content of the national legislation: Local transport by rail of UN 1402 (calcium carbide), packaging group I, on specifically designated routes, as part of a defined industrial process and closely controlled under clearly specified conditions. The loads are transported in purpose-built containers in wagons. The transport of the goods is subject to additional operational provisions laid down by the competent safety authorities.

Initial reference to the national legislation: Ausnahme Eisenbahn-Bundesamt Nr. E 3/10.

Expiry date: 15 January 2024 .]

Textual Amendments

F2 Substituted by Commission Implementing Decision (EU) 2020/1241 of 28 August 2020 authorising Member States to adopt certain derogations pursuant to Directive 2008/68/EC of the European Parliament and of the Council on the inland transport of dangerous goods (notified under document C(2020) 5797) (Text with EEA relevance).