(1) By derogation from Chapter 2.1, sections 2.2.9, 3.2.1, 7.3.2, and 7.3.3, sub-section 4.1.1.11, and paragraph 5.4.1.1.1 of the ADR, and in accordance with the new provision 663 adopted by the Joint Meeting of the RID Expert Committee and the Working Party on the Transport of Dangerous Goods during its autumn session in 2013, empty, uncleaned packaging destined for disposal may be assigned to UN number 3509, subject to the following conditions:
a) Empty, uncleaned packaging, or parts thereof, transported for disposal, recycling, or material recovery purposes, and not for the purposes of reconditioning, repair, routine maintenance, reconstruction, or reuse, and which have been emptied so that only residues adhering to the packaging elements remain when presented for transport, may be assigned to UN number 3509 «DISCARDED, EMPTY, UNCLEANED PACKAGING».
These goods are then assigned to class 9, hazard identification number 90, and transport category 4 (tunnel restriction code E).
The residues present in goods bearing UN number 3509 may only be substances of classes 3, 4.1, 5.1, 6.1, 8, or 9. Additionally, they must not be:
- Substances assigned to packaging group I or for which «0» is indicated in column (7A) of Table A of Chapter 3.2, nor
- Substances classified as desensitized explosives of class 3 or 4.1, nor
- Substances classified as self-reactive substances of class 4.1, nor
- Substances presenting a radiation hazard, nor
- Asbestos (UN 2212 and UN 2590), polychlorinated biphenyls (UN 2315 and UN 3432), or polyhalogenated biphenyls (UN 3151 and UN 3152).
b) Loading provisions:
DISCARDED, EMPTY, UNCLEANED PACKAGING stained with residues presenting a main or subsidiary risk of class 5.1 must not be packaged with other DISCARDED, EMPTY, UNCLEANED PACKAGING or loaded at the same time as other DISCARDED, EMPTY, UNCLEANED PACKAGING in the same container, vehicle, or bulk container.
Documented classification procedures must be established at the loading location to ensure that the applicable requirements for this heading are met.
Provisions concerning the use of packaging:
Packaging authorized for the transport of dangerous goods bearing UN number 3509 are packaging, IBCs, or large packagings that respectively meet packing instructions P003 for packagings, IBC08 for IBCs, or LP02 for large packagings. Additionally, the following provisions apply:
- Packagings, IBCs, or large packagings need not meet the requirements of paragraph 4.1.1.3;
- It is advisable to use packagings, IBCs, or large packagings that meet the respective requirements of section 6.1.4, 6.5.5, or 6.6.4, are watertight, or have a closed watertight lining or bag and are resistant to puncture;
- When the residues present are solids that do not pose a risk of liquefying at temperatures likely to be reached during transport, flexible packagings, IBCs, or large packagings may be used. In the presence of liquid residues, it is advisable to use rigid IBCs or large packagings equipped with a retention medium (e.g., an absorbent material).
- Before being filled and presented for transport, each packaging, IBC, or large packaging must be inspected and found free of corrosion, contamination, or other defects. Any packaging, IBC, or large packaging showing signs of fragility must be taken out of use (small dents or scratches are not considered packaging fragility, IBC, or large packaging);
- Packagings, IBCs, or large packagings intended for the transport of DISCARDED, EMPTY, UNCLEANED PACKAGING containing residues of class 5.1 must be constructed or adapted so that the goods cannot come into contact with wood or other combustible material.
Provisions concerning bulk transport:
Bulk transport of goods bearing UN number 3509 is authorized:
- Either in closed bulk containers (code BK2),
- Or in covered vehicles or closed containers (codes VC2+AP10 to come into force on January 1, 2015),
which are watertight or have a closed watertight lining or bag and are puncture-resistant, and provided with means to retain any released liquid likely to escape during transport, such as an absorbent material.
Additionally, when the containers, vehicles, or bulk containers transport DISCARDED, EMPTY, UNCLEANED PACKAGING containing residues presenting a main or subsidiary risk of class 5.1, these containers, vehicles, or bulk containers must be constructed or adapted so that the goods cannot come into contact with wood or other combustible material.
Provisions concerning documentation:
The transport official name specified in paragraph 5.4.1.1.1.b) must be supplemented with the words «(WITH RESIDUES FROM […])», followed by the class(es) and subsidiary risk(s) corresponding to the residues concerned, in order of class numbering. Additionally, the provisions of paragraph 5.4.1.1.f) do not apply.
For example, DISCARDED, EMPTY, UNCLEANED PACKAGING that has contained dangerous goods of class 4.1, packaged with DISCARDED, EMPTY, UNCLEANED PACKAGING that has contained goods of class 3 presenting a subsidiary risk of class 6.1, must be designated on the consignment note as:
«UN 3509 DISCARDED, EMPTY, UNCLEANED PACKAGING (WITH RESIDUES FROM 3, 4.1, 6.1), 9.»
(2) All other provisions of the ADR apply.
(3) In addition to the indications prescribed for the ADR and by this agreement, the consignor must include the following mention on the consignment note:
«Transport authorized according to the conditions stipulated in section 1.5.1 of the ADR (M268).»
(2) This agreement shall be valid until December 31, 2014 for transport in those territories of the contracting parties to the ADR that have signed this agreement. If revoked before that date by any of the signatories, it shall be valid only for the transport of goods in those territories of the contracting parties to the ADR that have not revoked it.
Done in Madrid, on December 20, 2013. – The competent authority for the ADR in Spain, Mr. Joaquín del Moral Salcedo, Director General of Land Transport
The Agreement has been signed to date by France and Belgium.
Madrid, March 26, 2014. – The Technical Secretary General of the Ministry of Foreign Affairs and Cooperation, Fabiola Gallego Caballero.