Multilateral Agreement M-259 under Section 1.5.1 of the European Agreement concerning the International Carriage of Dangerous Goods by Road (ADR), concerning the transport of damaged or defective lithium batteries (UN 3090-2091-3480-3481), made in Madrid on June 26, 2013. Published in: Official State Gazette (BOE) No. 243, dated October 10, 2013, pages 82626 to 82628 (3 pages). http://boe.es/boe/dias/2013/10/10/pdfs/BOE-A-2013-10540.pdf Section: I. General provisions Department: Ministry of Foreign Affairs and Cooperation Reference: BOE-A-2013-10540
Multilateral Agreement M259
Under Section 1.5.1 of the ADR concerning the transport of damaged or defective lithium batteries (UN 3090-3091-3480-3481).
(1) By derogation from the provisions of 2.2.9.2 and Special Provision 661 of Chapter 3.31 of the ADR, in accordance with the new Special Provision 376 adopted by the United Nations Sub-Committee of Experts on the Transport of Dangerous Goods at its 41st session, lithium batteries of UN numbers 3090, 3091, 3480, or 3481 meeting the definitions in point 2 may be transported in accordance with the provisions in point 3.
(2) This agreement applies only to lithium batteries as defined below:
2.1 Lithium metal batteries, lithium-ion batteries, classified under UN numbers 3090-3091-3480 or 3481, identified as damaged or defective if they do not comply with the approved type as per applicable provisions of the Manual of Tests and Criteria.
2.2 These batteries include:
Batteries identified as defective for safety reasons;
Batteries showing signs of leakage of liquid or gas;
Batteries that cannot be diagnosed before transport; or
Batteries that have suffered physical or mechanical damage.
To determine if a battery can be considered damaged or defective, the type of battery, its use, and any misuse must be taken into account.
2.3 Batteries susceptible to rapid explosion, dangerous reaction, production of flame or dangerous increase in heat, or emission of gas or toxic, corrosive, or flammable vapors under normal transport conditions are excluded from this agreement. They may only be transported under conditions specified by the competent authority.
(3) Batteries must be transported in accordance with the provisions applicable to UN numbers 3090, 3091, 3480, and 3481, except for Special Provision 230 and as indicated below:
3.1 Packages must bear the indication «Damaged/defective lithium batteries» or «Damaged/defective lithium-ion batteries,» as appropriate.
3.2 Batteries must be packaged according to packing instructions P908 or LP904 defined in the annex, as appropriate.
3.3 The shipper must include the following statement on the transport document:
«Transport authorized according to the conditions stipulated in Section 1.5.1 of the ADR (M259).»
(4) Each transport carried out in accordance with the provisions of this agreement must be notified to the competent authority of the country of origin. This notification must include a precise description of the goods transported as well as the reasons given for using this agreement.
(5) This agreement shall be valid until December 31, 2014, for transport in the territories of the contracting parties to the ADR that have signed this agreement. If revoked earlier by any of the signatories, it shall be valid only for the transport of goods in the territories of the ADR contracting parties that have not revoked it.
Madrid, June 26, 2013.–The competent authority for the ADR in Spain, Director General of Land Transport, Joaquín del Moral Salcedo.
ANNEX TO MULTILATERAL AGREEMENT M259
P908 Packing Instruction P908 This instruction applies to UN numbers 3090,3091; 3480 and 3481. The following packagings are authorized for lithium-ion batteries and for damaged or defective lithium metal batteries, including those contained in equipment, if they meet the general provisions of sections 4.1.1 and 4.1.3: For batteries and equipment containing batteries: Drums (1A2, 1B2, 1N2, 1H2, 1D, and 1G). Boxes (4A, 4B, 4C1, 4C2, 4D, 4F, 4G, 4H1, and 4H2). Jerricans (3A2, 3B2, and 3H2). The packagings must meet the level of test of the packaging group II. Each battery, cell, or equipment containing such batteries or cells:
- Must be packed individually in an inner packaging placed in an outer packaging. The inner or outer packaging must be leakproof to prevent any possible electrolyte leakage.
- Each inner packaging must be surrounded by a non-combustible, non-conductive material providing sufficient thermal insulation to protect it against any dangerous heat release.
- Sealed packagings must be provided with pressure relief devices if necessary.
- Appropriate measures must be taken to prevent the effects of vibration and shock and to prevent any movement of the batteries or cells within the package that could further damage them and make their transport dangerous. Non-combustible, non-conductive filling may also be used to meet this requirement.
- Non-combustibility must be assessed according to a standard recognized by the countries where the packaging is approved or manufactured. For batteries or cells that may leak, a sufficient amount of inert absorbent material must be added to the inner or outer packaging to absorb any electrolyte leakage. An outer packaging may only contain a single battery or cell with a net mass equal to or greater than 30 kg. Additional provision: Batteries or cells must be protected against short circuits. LP904 Packing Instruction LP904 This instruction applies to UN numbers 3090, 3091, 3480, and 3481. The following packagings are authorized for a single damaged battery or for a single damaged or defective battery contained in equipment, if they meet the general provisions of sections 4.1.1 and 4.1.3: For batteries and equipment containing batteries: Steel (50A). Aluminum (50B). Other metal than steel and aluminum (50N). Rigid plastics (50H). Plywood (50D). The packagings must meet the level of test of the packaging group II. Each battery or equipment containing one of these batteries:
- Must be packed individually in an inner packaging placed in an outer packaging. The inner or outer packaging must be leakproof to prevent any possible electrolyte leakage.
- Each inner packaging must be surrounded by a non-combustible, non-conductive material providing sufficient thermal insulation to protect it against any dangerous heat release.
- Sealed packagings must be provided with pressure relief devices if necessary.
- Appropriate measures must be taken to prevent the effects of vibration and shock and to prevent any movement of the batteries or cells within the package that could further damage them and make their transport dangerous. Non-combustible, non-conductive filling may also be used to meet this requirement.
- Non-combustibility must be assessed according to a standard recognized by the countries where the packaging is approved or manufactured. For batteries or cells that may leak, a sufficient amount of inert absorbent material must be added to the inner or outer packaging to absorb any electrolyte leakage. Additional provision: Batteries must be protected against short circuits. The Agreement has been signed to date by France, Norway, Sweden, Switzerland, Germany, the United Kingdom, and Belgium.
Madrid, October 4, 2013.–The Technical General Secretary of the Ministry of Foreign Affairs and Cooperation, Fabiola Gallego Caballero.