Multilateral Agreement M-268, in accordance with section 1.5.1 of Annex A of the European Agreement concerning the International Carriage of Dangerous Goods by Road (ADR), concerning the transport of discarded, empty, uncleaned packagings (UN No. 3509), made in Madrid on December 20, 2013. Published in: Official State Gazette (BOE) number 94, dated April 18, 2014, pages 31461 to 31463 (3 pages). Section: I. General provisions Department: Ministry of Foreign Affairs and Cooperation Reference: BOE-A-2014-4194 PDF of the provision: http://www.boe.es/boe/dias/2014/04/18/pdfs/BOE-A-2014-4194.pdf
Multilateral Agreement M-268
Under the application of section 1.5.1 of Annex A of the ADR, concerning the transport of discarded, empty, uncleaned packagings (UN No. 3509).
- 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 of 2013, empty uncleaned packagings that are discarded may be assigned to UN number 3509 provided they fall within the scope of the following paragraph a), and may then be transported according to the provisions of the following paragraph b):
a) Empty uncleaned packagings, intermediate bulk containers (IBCs), or large packagings transported for disposal, recycling, or recovery of their material, and not for purposes of refurbishment, repair, routine maintenance, reconstruction, or reuse, and which have been emptied in a manner that they only contain residues adhering to the packaging components when presented for transport, may be assigned to UN number 3509 «DISCARDED, EMPTY, UNCLEANED PACKAGINGS».
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 of 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 packing group I or for which «0» appears 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 risk, nor
• asbestos (UN Nos. 2212 and 2590), polychlorinated biphenyls (UN Nos. 2315 and 3432), or polyhalogenated biphenyls (UN Nos. 3151 and 3152).
b) Loading provisions:
EMPTY, UNCLEANED PACKAGINGS stained with residues presenting a main or subsidiary risk of class 5.1 must not be packed with other EMPTY, UNCLEANED PACKAGINGS or loaded at the same time with other EMPTY, UNCLEANED PACKAGINGS in the same container, vehicle, or bulk container.
Documented classification procedures must be established at the loading place to ensure that the applicable requirements under this heading are met.
Provisions regarding the use of packagings:
Packagings authorized for the transport of dangerous goods under UN number 3509 are packagings, 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, watertight or provided with a tight closed liner or bag and resistant to puncture;
• When the residues present are solid and do not pose a risk of liquefaction 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 deemed free of corrosion, contamination, or other defects. Any packaging, IBC, or large packaging showing signs of fragility must be discontinued (minor dents or scratches are not considered as fragility of the packaging, IBC, or large packaging);
• Packagings, IBCs, or large packagings intended for the transport of EMPTY, UNCLEANED PACKAGINGS 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 regarding bulk transport:
Bulk transport of substances under UN number 3509 is authorized:
• Either in closed bulk containers (code BK2),
• Or in covered vehicles or closed containers (codes VC2+AP10 which will enter into force on January 1, 2015),
which are watertight or provided with a tight closed liner or bag and resistant to puncture, and equipped with means to retain any released liquid likely to escape during transport, such as an absorbent material.
Additionally, when containers, vehicles, or bulk containers transport EMPTY, UNCLEANED PACKAGINGS containing residues posing 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 regarding documentation:
The transport proper shipping name specified in paragraph 5.4.1.1.1.b) must be supplemented by the words «(WITH RESIDUES FROM […])», followed by the class(es) and subsidiary risk(s) corresponding to the concerned residues, in numerical order of the class. Additionally, the provisions of paragraph 5.41.1.1.f) do not apply.
For example, EMPTY, UNCLEANED PACKAGINGS that have contained dangerous goods of class 4.1, packed with EMPTY, UNCLEANED PACKAGINGS that have contained goods of class 3 presenting a subsidiary risk of class 6.1, must be designated on the transport document as:
«UN 3509 DISCARDED, EMPTY, UNCLEANED PACKAGINGS (WITH RESIDUES FROM 3, 4.1, 6.1), 9.»
- All other provisions of the ADR apply.
- In addition to the indications prescribed by the ADR and by this agreement, the shipper must include the following statement on the transport document:
«Transport authorized under the conditions stipulated in section 1.5.1 of the ADR (M268).»
- 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.