Directive 2008/68/EC of the European Parliament and of the CouncilShow full title

[F1 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 this Directive.

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 this Directive: 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. November 2002 (BGBl. I S. 4350); Ausnahme 21 .

Comments: List Nos 30*, 30a, 30b, 30c, 30d, 30e, 30f, 30g. U.K.

Expiry date: 30 June 2015 .

FR France U.K.

RA–a–FR–1 U.K.

Subject: Transport of registered luggage in passenger trains.

Reference to Annex II, Section II.1, to this Directive: 7.7.

Content of the Annex to the Directive: RID materials and objects excluded from transport as luggage.

Content of the national legislation: RID materials and objects which may be carried as express parcels can be carried as luggage in passenger trains.

Initial reference to the national legislation: Arrêté du 5 juin 2001 relatif au transport des marchandises dangereuses par chemin de fer — Article 18 .

Expiry date: 30 June 2015 .

RA–a–FR–2 U.K.

Subject: Parcels of hazardous materials kept by passengers in trains.

Reference to Annex II, Section II.1, to this Directive: 7.7.

Content of the Annex to the Directive: RID materials and objects excluded from transport as hand luggage.

Content of the national legislation: The transport as hand luggage of parcels of hazardous materials intended for the personal or professional use of passengers is authorised subject to certain conditions: only the provisions relating to the packaging, marking and labelling of parcels set out in 4.1, 5.2 and 3.4 apply.

Initial reference to the national legislation: Arrêté du 5 juin 2001 relatif au transport des marchandises dangereuses par chemin de fer — Article 19 .

Comments: Portable gas receptacles allowed for patients with respiratory problems in the necessary amount for one journey. U.K.

Expiry date: 30 June 2015 .

RA–a–FR–3 U.K.

Subject: Transport for the needs of the rail carrier.

Reference to Annex II, Section II.1, to this Directive: 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 2015 .

RA–a–FR–4 U.K.

Subject: Exemption from the labelling of certain mail wagons.

Reference to Annex II, Section II.1, to this Directive: 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 2015 .

RA–a–FR–5 U.K.

Subject: Exemption from the labelling of wagons carrying small containers.

Reference to Annex II, Section II.1, to this Directive: 5.3.1.

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

Content of the national legislation: If the labels affixed on the small containers are clearly visible, the wagons do not have to be labelled.

Initial reference to the national legislation: Arrêté du 5 juin 2001 relatif au transport des marchandises dangereuses par chemin de fer — Article 21.2 .

Expiry date: 30 June 2015 .

RA–a–FR–6 U.K.

Subject: Exemption from the labelling of wagons carrying road vehicles loaded with parcels.

Reference to Annex II, Section II.1, to this Directive: 5.3.1.

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

Content of the national legislation: If the road vehicles have labels corresponding to the parcels which they contain, the wagons do not have to be labelled.

Initial reference to the national legislation: Arrêté du 5 juin 2001 relatif au transport des marchandises dangereuses par chemin de fer — Article 21.3 .

Expiry date: 30 June 2015 .

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 this Directive: 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. U.K.

Expiry date: 30 June 2015 .

UK United Kingdom U.K.

RA–a–UK–1 U.K.

Subject: Carriage of items containing certain low-hazard radioactive material such as clocks, watches, smoke detectors, compass dials.

Reference to Annex II, Section II.1, to this Directive: Most requirements of the RID.

Content of the Annex to the Directive: Requirements concerning the carriage of Class 7 material.

Content of the national legislation: Total exemption from the provisions of the national regulations for certain commercial products containing limited quantities of radioactive material.

Initial reference to the national legislation: Packaging, Labelling and Carriage of Radioactive Material by Rail Regulations 1996, Regulation 2(6) (as amended by Schedule 5 of the Carriage of Dangerous Goods (Amendment) Regulations 1999) .

Comments: This derogation is a short-term measure, which will no longer be required when similar amendments to the IAEA regulations are incorporated into the RID. U.K.

Expiry date: 30 June 2015 .

RA–a–UK–2 U.K.

Subject: Easing of restrictions on transporting mixed loads of explosives, and explosives with other dangerous goods, in wagons, vehicles and containers (N4/5/6).

Reference to Annex II, Section II.1, to this Directive: 7.5.2.1 and 7.5.2.2.

Content of the Annex to the Directive: Restrictions on certain types of mixed loading.

Content of the national legislation: National legislation is less restrictive regarding mixed loading of explosives, providing such carriage can be accomplished without risk.

Initial reference to the national legislation: Packaging, Labelling and Carriage of Radioactive Material by Rail Regulations 1996, Regulation 2(6) (as amended by Schedule 5 of the Carriage of Dangerous Goods (Amendment) Regulations 1999) .

Comments: The UK wishes to permit some variations on the mixing rules for explosives with other explosives and for explosives with other dangerous goods. Any variation will have a quantity limitation on one or more constituent parts of the load and would be permitted only if ‘ all reasonably practicable measures have been taken to prevent the explosives being brought into contact with, or otherwise endangering or being endangered by, any such goods ’ . U.K.

Examples of variations the UK may want to permit are:

1.

explosives allocated on classification to UN numbers 0029, 0030, 0042, 0065, 0081, 0082, 0104, 0241, 0255, 0267, 0283, 0289, 0290, 0331, 0332, 0360 or 0361 may be carried in the same vehicle with the dangerous goods allocated on classification UN number 1942. The quantity of UN 1942 that may be carried shall be limited by deeming it to be an explosive of 1.1D;

2.

explosives allocated on classification to UN numbers 0191, 0197, 0312, 0336, 0403, 0431 or 0453 may be carried in the same vehicle with dangerous goods (except flammable gases, infectious substances and toxic substances) in transport category 2 or dangerous goods in transport category 3, or any combination of them, provided the total mass or volume of dangerous goods in transport category 2 does not exceed 500 kg or l and the total net mass of such explosives does not exceed 500 kg;

3.

explosives of 1.4G may be carried with flammable liquids and flammable gases in transport category 2 or non-flammable, non-toxic gases in transport category 3, or in any combination of them in the same vehicle, provided the total mass or volume of dangerous goods when added together does not exceed 200 kg or l and the total net mass of explosives does not exceed 20 kg;

4.

explosive articles allocated on classification to UN numbers 0106, 0107 or 0257 may be carried with explosive articles in Compatibility Group D, E or F for which they are components. The total quantity of explosives of UN numbers 0106, 0107 or 0257 shall not exceed 20 kg.

Expiry date: 30 June 2015 .

RA–a–UK–3 U.K.

Subject: To allow different maximum total quantity per transport unit for Class 1 goods in categories 1 and 2 of table in 1.1.3.1.

Reference to Annex II, Section II.1, to this Directive: 1.1.3.1.

Content of the Annex to the Directive: Exemptions related to the nature of the transport operation.

Content of the national legislation: To lay down rules regarding exemptions for limited quantities and mixed loading of explosives.

Initial reference to the national legislation: The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2004: Regulation 3(7)(b) .

Comments: To allow different limited quantity limits and mixed loading multiplication factors for Class 1 goods, namely ‘ 50 ’ for Category 1 and ‘ 500 ’ for Category 2. For the purpose of calculating mixed loads, the multiplication factors are to read ‘ 20 ’ for Transport Category 1 and ‘ 2 ’ for Transport Category 2. U.K.

Expiry date: 30 June 2015 .

RA–a–UK–4 U.K.

Subject: Adoption of RA–a–FR–6.

Reference to Annex II, Section II.1, to this Directive: 5.3.1.3.2.

Content of the Annex to the Directive: Relaxation of placarding requirement for piggyback carriage.

Content of the national legislation: The placarding requirement does not apply in cases where the vehicle placards are clearly visible.

Initial reference to the national legislation: The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2004: Regulation 7(12) .

Comments: This has always been a UK national provision. U.K.

Expiry date: 30 June 2015 .

RA–a–UK–5 U.K.

Subject: Distribution of goods in inner packagings to retailers or users (excluding those of classes 1, 4.2, 6.2 and 7) from local distribution depots to retailers or users and from retailers to end-users.

Reference to Annex II, Section II.1, to this Directive: 6.1.

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

Content of the national legislation: Packagings are not required to have been allocated an RID/ADR or UN mark.

Initial reference to the national legislation: The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2007: Regulation 26 .

Comments: RID requirements are inappropriate for the final stages of carriage from a distribution depot to a retailer or user or from a retailer to an end-user. The purpose of this derogation is to allow the inner receptacles of goods for retail distribution to be carried on the rail leg of a local distribution journey without an outer packaging. U.K.

Expiry date: 30 June 2015 .

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

DE Germany U.K.

RA–bi–DE–2 U.K.

Subject: Transportation of packaged hazardous waste.

Reference to Annex II, Section II.1, to this Directive: 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. November 2002 (BGBl. I S. 4350); Ausnahme 20 .

Comments: List No 6*. U.K.

Expiry date: 30 June 2015 .

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 this Directive: 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 in this Directive regarding carriage through the rail tunnel of the fixed link across the Great Belt. 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 jernbanetunnelerne på Storebælt og Øresund, 15. februar 2005 .

Comments: U.K.

Expiry date: 30 June 2015 .

SE Sweden U.K.

RA–bi–SE–1 U.K.

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

Reference to Annex II, Section II.1, to this Directive: 2, 5.2 and 6.1.

Content of the Annex to the Directive: Classification, marking and labelling, and requirements for the construction and testing of packaging.

Content of the national legislation: The legislation consists of simplified classification criteria, less restrictive requirements for the construction and testing of packaging, and modified labelling and marking requirements. Instead of classifying hazardous waste according to the RID, it is assigned to different waste groups. Each waste group contains substances that can, in accordance with the RID, be packed together (mixed packing). Each package must be marked with the relevant waste group code instead of the UN number.

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

Comments: These regulations may be used only for the carriage of hazardous waste from public recycling sites to hazardous waste disposal plants. U.K.

Expiry date: 30 June 2015 .]

Textual Amendments

F1 Substituted by Commission Decision of 4 March 2009 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 number C(2009) 1327) (2009/240/EC).