RESOLUTION MSC.294(87)

(adopted on 21 May 2010)

 

ADOPTION OF AMENDMENTS TO THE INTERNATIONAL MARITIME DANGEROUS GOODS (IMDG) CODE

 

 

THE MARITIME SAFETY COMMITTEE,

 

RECALLING Article 28(b) of the Convention on the International Maritime Organization concerning the functions of the Committee,

 

NOTING resolution MSC.122(75) by which it adopted the International Maritime Dangerous Goods Code (hereinafter referred to as "the IMDG Code"), which has become mandatory under chapter VII of the International Convention for the Safety of Life at Sea (SOLAS), 1974, as amended (hereinafter referred to as "the Convention"),

 

NOTING ALSO article VIII(b) and regulation VII/1.1 of the Convention concerning the amendment procedure for amending the IMDG Code,

 

HAVING CONSIDERED, at its eighty-seventh session, amendments to the IMDG Code, proposed and circulated in accordance with article VIII(b)(i) of the Convention,

 

1.         ADOPTS, in accordance with article VIII(b)(iv) of the Convention, amendments to the IMDG Code, the text of which is set out in the Annex to the present resolution;

 

2.         DETERMINES, in accordance with article VIII(b)(2)(bb) of the Convention, that the said amendments shall be deemed to have been accepted on 1 July 2011, unless prior to that date, more than one third of the Contracting Governments to the Convention or Contracting Governments the combined merchant fleets of which constitute not less than 50% of the gross tonnage of the world's merchant fleet, have notified their objections to the amendments;

 

3.         INVITES Contracting Governments to the Convention to note that, in accordance with article VIII(b)(vii)(2) of the Convention, the amendments shall enter into force on 1 January 2012 upon their acceptance in accordance with paragraph 2 above;

 

4.         AGREES that Contracting Governments to the Convention may apply the aforementioned amendments in whole or in part on a voluntary basis as from 1 January 2011;

 

5.         REQUESTS the Secretary-General, in conformity with article VIII(b)(v) of the Convention, to transmit certified copies of the present resolution and the text of the amendments contained in the Annex to all Contracting Governments to the Convention;

 

6.         FURTHER REQUESTS the Secretary-General to transmit copies of this resolution and its Annex to Members of the Organization, which are not Contracting Governments to the Convention.

 

ANNEX

 

AMENDMENTS TO THE INTERNATIONAL MARITIME DANGEROUS GOODS (IMDG) CODE

 

Contents

 

3.1.3    Amend the title as follows:

 

"Mixtures or solutions".

 

3.4.7 "Exemptions" is deleted and "3.4.8" Marine Pollutants" is renumbered as "3.4.7".

 

5.4.1 Amend the title as follows:

 

"Dangerous goods transport information".

 

Insert the following:

 

"Chapter 5.5 Special provisions

 

5.5.1    (Reserved).

 

5.5.2    Special provisions applicable to fumigated cargo transport units (UN 3359)".

 

Replace in 7.2.8 "Segregation provisions for goods of class 4.1 and class 5.2" with "(Reserved)".

 

Replace in 7.4.3 "Fumigated units" with "(Reserved)".

 

Insert "7.5.4 Tracking and monitoring equipment".

 

Preamble

 

In paragraph 12 quarter of the preamble, in the first sentence, after the words "IMDG Code which" the words "will enter" are replaced by the word "entered" and in the second sentence, after the word "Governments", the word "are" is replaced by the word "were".

 

A new paragraph 12quinquies is inserted as follows:

 

"12quinquies At its eighty-seventh session in May 2010, the MSC adopted Amendment 35 to the mandatory IMDG Code, which will enter into force on 1 January 2012 without any transitional period. However, in accordance with resolution MSC.294(87), Governments are encouraged to apply this Amendment in whole or part on a voluntary basis from 1 January 2011."

 

In paragraph 16 of the preamble, the text between brackets "(see MSC/Circ.1025 and MSC/Circ.1025/Add.1) is replaced by "(see MSC/Circ.1025 as amended by MSC.1/Circ.1025/Add.1, MSC.1/Circ.1262 and MSC.1/Circ.1360)".

 

PART 1 GENERAL PROVISIONS, DEFINITIONS AND TRAINING

 

Chapter 1.1 General provisions

 

1.1.3.1 In the last sentence, in the word "provision" add the letter "s", and in the word "lists" delete the second letter "s". Before "900" insert "349, 350, 351, 352, 353 and".

 

Chapter 1.2 Definitions, units of measurements and abbreviations

 

1.2.1    Definitions

 

Approval

 

Multilateral approval Delete the last sentence ("The term "through or into" specifically excludes that country").

 

Pressure receptacle Before "and bundles" insert ", metal hydride storage systems".

 

Repaired IBC In the second sentence, "manufacturer's specification" is replaced with "design type from the same manufacturer".

 

Tank At the end of the sentence, "substances of class 2" is replaced with "gases as defined in 2.2.1.1".

 

Cargo transport unit is replaced by the following:

 

"Cargo transport unit means a road transport tank or freight vehicle, a railway transport tank or freight wagon, a multimodal freight container or portable tank, or a MEGC;".

 

Closed cargo transport unit is replaced by the following:

 

"Closed cargo transport unit, with the exception of class 1, means a cargo transport unit which totally encloses the contents by permanent structures with complete and rigid surfaces. Cargo transport units with fabric sides or tops are not considered closed cargo transport units; for definition of class 1 cargo transport unit see 7.1.7.1.1."

 

GHS    In the first sentence "second" is replaced with "third" and the reference "Rev.2" is replaced with "Rev.3".

 

Liquids After "(ADR)" insert ", as amended" and the footnote is deleted.

 

Tank    Insert a hyphen between "tank" and "wagon" and between "tank" and "vehicle".

 

The following new definitions are inserted in alphabetical order:

 

"Fuel cell means an electrochemical device that converts the chemical energy of a fuel to electrical energy, heat and reaction products.

 

Fuel cell engine means a device used to power equipment and which consists of a fuel cell and its fuel supply, whether integrated with or separate from the fuel cell, and includes all appurtenances necessary to fulfil its function.

 

Manual of test and criteria means the fifth revised edition of the United Nations publication entitled "Recommendations on the Transport of Dangerous Goods, Manual of Tests and Criteria" (ST/SG/AC.10/11/Rev.5).

 

Metal hydride storage system means a single complete hydrogen storage system, including a receptacle, metal hydride, pressure relief device, shut-off valve, service equipment and internal components used for the transport of hydrogen only.

 

Open cryogenic receptacle means a transportable thermally insulated receptacle for refrigerated liquefied gases maintained at atmospheric pressure by continuous venting of the refrigerated liquefied gas.

 

Remanufactured large packaging means a metal or rigid plastics large packaging that:

 

(a)       Is produced as a UN type from a non-UN type; or

 

(b)      Is converted from one UN design type to another UN design type. Remanufactured large packagings are subject to the same provisions of this Code that apply to new large packagings of the same type (see also design type definition in 6.6.5.1.2).

 

Reused large packaging means a large packaging to be refilled which has been examined and found free of defects affecting the ability to withstand the performance tests: the term includes those which are refilled with the same or similar compatible contents and are transported within distribution chains controlled by the consignor of the product.

 

Through or into means through or into the countries in which a consignment is transported but specifically excludes countries "over" which a consignment is carried by air, provided that there are no scheduled stops in those countries."

 

1.2.3    List of Abbreviations

 

BC Code        "BC Code" is replaced with "IMSBC Code", and its definition is replaced with "International Maritime Solid Bulk Cargoes Code".

 

ISO                 The address of ISO is replaced with "1, ch. de la Voie-Creuse, CH-1211 Geneva 20, Switzerland".

 

 Chapter 1.3 Training

 

1.3.1    Training of shore-side personnel

 

1.3.1.1 In the first sentence, replace "shall receive training" with "shall be trained" and a new second sentence is inserted as follows:

 

"Employees shall be trained in accordance with the provisions of 1.3.1 before assuming responsibilities and shall only perform functions, for which required training has not yet been provided, under the direct supervision of a trained person.".

 

1.3.1.2 At the end of the introductory text, replace "shall receive the following training" with "shall be trained in the following".

 

1.3.1.2.1 Replace "shall receive training designed to provide familiarity" with "shall be trained in order to be familiar".

 

1.3.1.2.2 Replace "shall receive detailed training concerning" with "shall be trained in".

 

1.3.1.3 The existing paragraph is replaced by the following:

 

"1.3.1.3 Records of training received according to this chapter shall be kept by the employer and made available to the employee or competent authority, upon request. Records shall be kept by the employer for a period of time established by the competent authority.".

 

1.3.1.4 In the first sentence, replace "should receive training on" with "should be trained in".

 

Chapter 1.4 Security provisions

 

1.4.2    General provisions for shore-side personnel 1.4.2.3 Security Training

 

1.4.2.3.4 The existing paragraph is replaced by the following:

 

"1.4.2.3.4 Records of all security training received should be kept by the employer and made available to the employee or competent authority, upon request. Records should be kept by the employer for a period of time established by the competent authority.".

 

1.4.3    Provisions for high consequence dangerous goods

 

1.4.3.5 The existing paragraph is replaced by the following:

 

"1.4.3.5 For radioactive material, the provisions of this chapter are deemed to be complied with when the provisions of the Convention on Physical Protection of Nuclear Material1 and the IAEA circular on The Physical Protection of Nuclear Material and Nuclear Facilities2 are applied.".

_______________

1     IAEACIRC/274/Rev.1, IAEA, Vienna (1980).

2     IAEACIRC/225/Rev.4 (Corrected), IAEA, Vienna (1999). See also "Guidance and Considerations for the Implementation of INFCIRC/225/Rev.4, the Physical Protection of Nuclear Material and Nuclear Facilities, IAEA-TECDoc-967/Rev.1.

 

Chapter 1.5 General provisions concerning class 7

 

1.5.1    Scope and application

 

1.5.1.1 In the second sentence, replace "2005" with "2009" (twice). And the last sentence is replaced by the following:

 

"Explanatory material can be found in "Advisory Material for the IAEA Regulations for the Safe Transport of Radioactive Material (2005 Edition)", Safety Standard Series No. TS-G-1.1 (Rev.1), IAEA, Vienna (2008)"

 

and the footnote is deleted.

 

1.5.1.2 The first sentence is replaced by the following:

 

"The objective of this Code is to establish provisions that shall be satisfied to ensure safety and to protect persons, property and the environment from the effects of radiation in the transport of radioactive material.".

 

1.5.1.3 In the third sentence, replace "that is characterized" with "that are characterized".

 

1.5.1.5.1 The first paragraph is replaced by the following:

 

"1.5.1.5.1 Excepted packages which may contain radioactive material in limited quantities, instruments, manufactured articles and empty packagings as specified in 2.7.2.4.1 shall be subject only to the following provisions of Parts 5 to 7:"

 

and subparagraph .1 is replaced by the following:

 

.1        The applicable provisions specified in 5.1.2, 5.1.3.2, 5.1.4, 5.1.5.4, 5.2.1.5.2, 5.2.1.7, 7.1.14.1, 7.1.14.3 and 7.3.4.2;".

 

1.5.1.5.2 The existing paragraph is replaced by the following:

 

"1.5.1.5.2 Excepted packages shall be subject to the relevant provisions of all other parts of this Code.".

 

1.5.2    Radiation protection programme

    

1.5.2.3 At the end of the second sentence, replace "and 1.5.2.4" with ", 1.5.2.4 and 7.2.9".

 

PART 2 CLASSIFICATION

 

 Chapter 2.0 Introduction

 

2.0.2 UN Numbers and Proper Shipping Names

 

2.0.2.2 The existing first paragraph is replaced by the following:

 

"2.0.2.2 Dangerous goods commonly transported are listed in the Dangerous Goods List in chapter 3.2. Where an article or substance is specifically listed by name, it shall be identified in transport by the proper shipping name in the Dangerous Goods List. Such substances may contain technical impurities (for example those deriving from the production process) or additives for stability or other purposes that do not affect their classification. However, a substance listed by name containing technical impurities or additives for stability or other purposes affecting its classification shall be considered a mixture or solution (see 2.0.2.5). For dangerous goods not specifically listed by name "generic" or "not otherwise specified" entries are provided (see 2.0.2.7) to identify the article or substance in transport.".

 

2.0.2.5 The existing paragraph is replaced by the following:

 

"2.0.2.5 A mixture or solution composed of a single predominant substance identified by name in the Dangerous Goods List and one or more substances not subject to the provisions of this Code and/or traces of one or more substances identified by name in the Dangerous Goods List, shall be assigned the UN number and proper shipping name of the predominant substance named in the Dangerous Goods List unless:

 

.1        The mixture or solution is identified by name in the Dangerous Goods List;

 

.2        The name and description of the substance named in the Dangerous Goods List specifically indicate that they apply only to the pure substance;

 

.3        The hazard class or division, subsidiary risk(s), packing group, or physical state of the mixture or solution is different from that of the substance named in the Dangerous Goods List; or

 

.4        The hazard characteristics and properties of the mixture or solution necessitate emergency response measures that are different from those required for the substance identified by name in the Dangerous Goods List.

 

In those other cases, except the one described in (.1), the mixture or solution shall be treated as a dangerous substance not specifically listed by name in the Dangerous Goods List.".

 

2.0.2.10 Add a new paragraph 2.0.2.10 with the following:

 

"2.0.2.10 A mixture or solution meeting the classification criteria of this Code that is not identified by name in the Dangerous Goods List and that is composed of two or more dangerous goods shall be assigned to an entry that has the proper shipping name, description, hazard class or division, subsidiary risk(s) and packing group that most precisely describe the mixture or solution.".

 

2.0.3    Classification of substances, mixtures and solutions with multiple hazards (precedence of hazards characteristics)

 

2.0.3.5 At the end of the paragraph, insert the following new sentence:

 

"For radioactive material in excepted packages, special provision 290 of chapter 3.3 applies.".

 

Chapter 2.1 Explosives

 

2.1.1.3 Definitions

 

2.1.1.3 A new subparagraph .5 is added as follows:

 

".5 Phlegmatized means that a substance (or "phlegmatizer") has been added to an explosive to enhance its safety in handling and transport. The phlegmatizer renders the explosive insensitive, or less sensitive, to the following actions: heat, shock, impact, percussion or friction. Typical phlegmatizing agents include, but are not limited to: wax, paper, water, polymers (such as chlorofluoropolymers), alcohol and oils (such as petroleum jelly and paraffin).".

 

2.1.2    Compatibility groups and classification codes

 

2.1.2.2 Add the following new notes under the table:

 

"NOTE 1: Articles of compatibility groups D and E may be fitted or packed together with their own means of initiation provided that such means have at least two effective protective features designed to prevent an explosion in the event of accidental functioning of the means of initiation. Such articles and packages shall be assigned to compatibility groups D or E.

 

NOTE 2: Articles of compatibility groups D and E may be packed together with their own means of initiation, which do not have two effective protective features when, in the opinion of the competent authority of the country of origin, the accidental functioning of the means of initiation does not cause the explosion of an article under normal conditions of transport. Such packages shall be assigned to compatibility groups D or E.".

__________

*        [Footnote text is unchanged.]

 

2.1.3    Classification Procedures

 

2.1.3.5.5 Default fireworks classification table**

 

2.1.3.5.5 In Note 1 replace "all pyrotechnic composition" with "all pyrotechnic substances" and the existing Note 2 is replaced by the following:

 

"NOTE 2: "Flash composition" in this table refers to pyrotechnic substances in powder form or as pyrotechnic units as presented in the fireworks, that are used to produce an aural effect, or used as a bursting charge or lifting charge, unless the time taken for the pressure rise is demonstrated to be more than 8 ms for 0.5 g of pyrotechnic substance in the HSL Flash Composition Test in Appendix 7 of the United Nations Manual of Tests and Criteria.".

 

2.1.3.5.5 Within the Default fireworks classification table, replace "pyrotechnic composition" with "pyrotechnic substance" whenever it appears.

 

Chapter 2.2 Class 2 Gases

 

2.2.0    Introductory notes

 

2.2.0    Note 2 is deleted.

 

2.2.0    Delete the words "Note 1:" and in the title of 2.2.0 delete "s" in the word "notes".

 

2.2.2    Class subdivisions

 

2.2.2.2 In subparagraph .2, delete the second sentence ("The oxidizing ability 10156-2:2005)"

 

and the following new note is added:

 

"NOTE: In 2.2.2.2.2, "gases which cause or contribute to the combustion of other material more than air does" means pure gases or gas mixtures with an oxidizing power greater than 23.5% as determined by a method specified in ISO 10156:1996 or 10156-2:2005.".

 

2.2.2.6 A new paragraph 2.2.2.6 is added as follows:

 

"2.2.2.6 Gases of class 2.2 are not subject to the provisions of this Code when contained in the following:

 

.1        Foodstuffs (except UN 1950), including carbonated beverages;

 

.2        Balls intended for use in sports;

 

.3        Tyres (except for air transport); or

 

.4        Light bulbs provided they are packaged so that the projectile effects of any rupture of the bulb will be contained within the package.".

 

2.2.3    Mixture of gases

 

2.2.3.4 The reference "(see ISO 10156:1996 and ISO 10156-2:2055)" is replaced with "(see note in 2.2.2.2)".

 

Chapter 2.3 Class 3 Flammable liquids

 

2.3.3 Determination of flash point

 

2.3.3.6 The existing section is replaced by the following:

 

"2.3.3.6 Determination of flash point

 

The following methods for determining the flash point of flammable liquids may be used:

 

International standards:

 

ISO 1516

ISO 1523

ISO 2719

ISO 13736

ISO 3679

ISO 3680

 

National standards:

 

American Society for Testing Materials International, 100 Barr Harbor Drive, PO Box C700, West Conshohocken, Pennsylvania, USA 19428-2959:

 

ASTM D3828-07a, Standard Test Methods for Flash Point by Small Scale Closed Cup Tester

 

ASTM D56-05, Standard Test Method for Flash Point by Tag Closed Cup Tester

 

ASTM D3278-96(2004)e, Standard Test Methods for Flash Point of Liquids by Small Scale Closed-Cup Apparatus

 

ASTM D93-08, Standard Test Methods for Flash Point by Pensky-Martens Closed Cup Tester.

 

Association franaise de normalisation, AFNOR, 11, rue de Pressens, 93571 La Plaine Saint-Denis Cedex:

 

French Standard NF M 07 019

 

French Standards NF M 07 011/NF T 30 050/NF T 66 009

 

French Standard NF M 07 036

 

Deutsches Institut fr Normung, Burggrafenstr. 6, D-10787 Berlin:

 

Standard DIN 51755 (flash points below 65C)

 

State Committee of the Council of Ministers for Standardization, 113813, GSP, Moscow, M-49 Leninsky Prospect, 9:

 

           GOST 12.1.044-84".

 

2.3.4    Add a new section 2.3.4 with the following:

 

"2.3.4 Determination of initial boiling point

 

The following methods for determining the initial boiling point of flammable liquids may be used:

 

International standards:

 

ISO 3924

ISO 4626

ISO 3405

 

National standards:

 

American Society for Testing Materials International, 100 Barr Harbor Drive, PO Box C700, West Conshohocken, Pennsylvania, USA 19428-2959:

 

ASTM D86-07a, Standard Test Method for Distillation of Petroleum Products at Atmospheric Pressure

 

ASTM D1078-05, Standard Test Method for Distillation Range of Volatile Organic Liquids

 

Further acceptable methods:

 

Method A.2 as described in Part A of the Annex to Commission Regulation (EC) No.440/20081.".

_____________

1     Commission Regulation (EC) No 440/2008 of 30 May 2008 laying down test methods pursuant to Regulation (EC) No 1907/2006 of the European Parliament and of the Council on the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) (Official Journal of the European Union, No. L 142 of 31.05.2008, p.1-739 and No. L 143 of 03.06.2008, p.55).

 

Chapter 2.4 Class 4 Flammable solids; substances liable to spontaneous combustion; substances which, in contact with water, emit flammable gases

 

2.4.3    Class 4.2 Substances liable to spontaneous combustion

 

2.4.3.1 Definitions and properties

 

2.4.3.1.2 The existing paragraph is replaced with the following:

 

"2.4.3.1.2 Self-heating of a substance is a process where the gradual reaction of that substance with oxygen (in air) generates heat. If the rate of heat production exceeds the rate of heat loss, then the temperature of the substance will rise which, after an induction time, may lead to self-ignition and combustion.".

 

Chapter 2.5 Class 5 Oxidizing substances and organic peroxides 2.5.3 Class 5.2 Organic peroxides

 

2.5.3.2.4 In the table, amend the entries listed below as follows:

 

 

and amend the index accordingly.

 

Insert the following new entries:

 

 

and amend the index accordingly.

 

Chapter 2.6 Toxic and infectious substances

 

2.6.0    Introductory notes

 

NOTE 2: In the paragraph, before "an infectious" insert the words "a toxic or".

 

2.6.2    Class 6.1 Toxic substances

 

2.6.2.2.4.2 At the end of the NOTE, the reference "2.8.2.2" should be replaced with "2.8.2.3". And move the note to 2.6.2.2.4.1.

 

2.6.3    Class 6.2 Infectious substances

 

2.6.3.1.5 The existing paragraph is deleted and "(reserved)" is added.

 

2.6.3.6.2 Amend to read: "Animal material affected by pathogens of category A or which would be assigned to category A in cultures only, shall be assigned to UN 2814 or UN 2900 as appropriate. Animal material affected