Invitation to MoU Conference from 31. May to 2. June 2016

MEMORANDUM OF UNDERSTANDING Germany 01 FOR THE TRANSPORT OF DANGEROUS GOODS Page 1 IN RO-RO SHIPS IN THE BALTIC 2016-02-22 36 th session from 31 Mai to 2 June 2016, Bonn, Germany MEMORANDUM OF UNDERSTANDING FOR THE TRANSPORT OF DANGEROUS GOODS IN RO-RO SHIPS IN THE BALTIC Editorial review of the text of the MoU Submitted by Germany Executive summary: The document proposes a new structure of the MoU and a further editorial review. Action to be taken: Paragraph X. Related documents: Background 1. The text of the MoU has been developed over years. It was agreed at a time when the IMDG Code was not internationally mandatory, it has been revised and amended several times during the following years. As a result not all parts of the text are easily understandable for users not familiar with the history of the MoU and some contradictory provisions have sneaked in. 2 Users also expressed the wish to bring the structure of the MoU more in line with the structure of the IMDG Code. Therefore, a proposal for a new structure and a review of some unclear provisions was developed and submitted during the written procedure in 2014. On this basis, amendments to Section 4 (1), Section 5(2) and Section 6(1) were adopted but the new structure was not accepted as the participating parties were of the opinion, that such an amendment needs further consideration during a conference and should not be dealt with in a written procedure. Thus, the proposal has been updated and is submitted for consideration during the 36th MoU conference. 3. Section 9 (5) contains an enabling provision for exemptions. As the MoU itself is an exemption according to 7.9.1 IMDG Code it is to question whether the enabling provision is needed. This provision is without prejudice to the competence of authorities to issue exemptions based on the IMDG Code. An exemption from the exemption MoU is not necessary as it can be always issued as an exemption from the IMDG Code following the procedure according to 7.9.1 of the Code. However, if such a provision is regarded necessary it should be clarified what are the competent authorities concerned- port State of departure, port State of arrival and flag state. Please send template to [email protected] till 29 February 2016  2 Proposal: 4. The structure of the MoU should be amended to bring it more in line with the structure of the IMDG Code. For paragraphs referring to provisions to the IMDG Code the same wording should be used in the heading and references to the appropriate part of the IMDG Code should be included. The wording should be improved to better reflect the distinction between stowage and segregation. The Annex to this document contains a proposal for a new structure, the text is the same as in the current MoU expect as for the headings and consequential amendments, they are shown in track changes. Further editorial amendments should be included in the new text. Action to be taken 5. The MoU Countries are invited to consider the proposed new structure and to consider, if an enabling provision is needed for exemptions. Annex to Doc. Germany 01 MoU new Current MoU Comment Section 1 Section 1 Reference to IMDG Code: Scope Application None By derogation from the provisions of the IMDG Code, these (1) By derogation from the provisions of the IMDG Code, provisions may be applied on all ro-ro ships operating within these provisions may be applied on all ro-ro ships operating the Baltic Sea proper, the Gulf of Bothnia, the Gulf of Finland within the Baltic Sea proper, the Gulf of Bothnia, the Gulf of and the entrance to the Baltic Sea bounded in the north by Finland and the entrance to the Baltic Sea bounded in the the line Skaw-Lysekil provided that the requirements north by the line Skaw-Lysekil provided that the following below are met. requirements following below are met. (2) Ro-ro ships having been issued with a Document of Compliance in accordance with Section 8 below may carry, at the same time, cargo transport units (CTUs) which either fulfil the requirements of ADR/RID or of the IMDG Code. (3) Dangerous goods, which either fulfil the requirements of ADR/RID or the IMDG Code may be loaded together in the same CTU (see Section 4). Section 2 Section 2 Reference to IMDG Code: General provisions Definitions None (1) Dangerous goods that are classified, packaged, marked, (1) The terms used in this MoU refer to the IMDG Code 2(1) new = 3(1)old labelled, documented and loaded together on or in a CTU or except those listed below in this section 2(2) new = 1(2) old unit load in accordance with the requirements of ADR/RID or the IMDG Code may be transported in accordance with the (2) Shipowner means company as defined in the ISM Code. provisions of this MoU. (3) On-deck stowage means stowage on the weather deck. (2) Ro-ro ships having been issued with a Document of Compliance in accordance with Section 8 below may carry, (4) Under-deck stowage means stowage in a cargo space; in at the same time, cargo transport units (CTUs) which either an open ro-ro cargo space, unless it is considered by a fulfil the requirements of ADR/RID or of the IMDG Code. competent authority to be a weather deck; and/or in a closed Please send template to [email protected] till 29 February 2016  4 MoU new Current MoU Comment ro-ro cargo space, as appropriate. (5) Low Wave Height Area (LWHA) is a sea area where according to the Agreement concerning specific stability requirements for ro-ro passenger ships undertaking regular scheduled international voyages between or to or from designated ports in North West Europe and the Baltic Sea, 28 February 1996 (Stockholm Agreement), set into effect on 1 April 1997, the significant wave height does not exceed 2.3 metres more than 10 % of the year (see Appendix 1 of Annex 1). Traffic in other areas can be considered as LWHA traffic by the competent authorities concerned if equivalent safety can be assured. (6) The competent authorities in accordance with these provisions are: Denmark Danish Maritime Authority Carl Jacobsens Vej 31 DK-2500 Valby E-mail: [email protected] Estonia Estonian Maritime Administration Maritime Safety Division Valge 4 EE-11413 Tallinn E-mail: [email protected] Finland Finnish Transport Safety Agency P.O. Box 320 FI-00101 HELSINKI E-mail: [email protected] Germany Federal Ministry of Transport and Digital Infrastructure  5 MoU new Current MoU Comment P.O. Box 20 01 00 D-53170 BONN E-mail: [email protected] Lithuania Lithuanian Maritime Safety Administration J. Janonio str. 24LT-92251 KLAIPEDA E-mail: [email protected] Latvia Maritime Administration of Latvia 5 Trijádibas str. LV-1048 RIGA E-mail: [email protected] Poland Ministry of Infrastructure and Development ul. Chałubińskiego 4/6 PL-00-928 WARSAW E-mail: [email protected] Sweden Swedish Transport Agency SE-601 73 NORRKÖPING E-mail: [email protected] Section 3 Section 3 Reference to IMDG Code: Requirements applicable to ships Transport of dangerous goods 1.1.1 (1) Ships shall, with regard to design and equipment, fulfil (1) Dangerous goods that are classified, packaged, marked, 3(1) new = 8(1) old the requirements of regulation II-2/54 of SOLAS 74, as labelled, documented and loaded together on or in a CTU or 3(2) new = 8(2) old amended. For ships constructed on or after 1 July 2002 unit load in accordance with the requirements of ADR/RID or regulation II-2/19 SOLAS 74, as amended, shall be the IMDG Code may be transported in accordance with the applicable. The Document of Compliance shall include provisions of this MoU. information specifying the classes of dangerous goods, which may be stowed in the individual cargo spaces of the (2) The application of packing instruction R001 of section ship. 4.1.4 of ADR/RID is allowed only for the traffic in LWHA.  6 MoU new Current MoU Comment (2) Ships constructed before 1 September 1984 already (3) Tanks shall either comply with chapter 4.2 ADR/RID or provided with a letter of compliance may continue to the IMDG Code, as amended, or comply with chapter 4.3 transport dangerous goods in accordance with the ADR/RID, as amended. Tanks with open venting devices requirements applicable at the time, when the letter of should not be permitted for transport on board of ro-ro ships. compliance was issued. However, these ships shall comply with the requirements of chapter 7.5 of the IMDG Code. (4) Bulk containers shall comply with chapter 7.3 ADR/RID, as amended, or 4.3 of the IMDG Code, as amended, for substances of class 4.3 only closed waterproof CTUs shall be used. (5) Vehicles (UN 3166 or 3171) loaded in a closed or sheeted CTU may be carried provided that the consignor or his representative informs the master about the presence of the vehicle. Section 4 Section 4 Reference to IMDG Code: Definitions (1.2 IMDG-Code) Loading and placarding of CTUs 1.2 (1) The terms used in this MoU refer to the IMDG Code (1) Packages (packagings, large packagings or IBCs) 4(1) new = 2(1) old except those listed below in this section containing dangerous goods shall be segregated from each 4(2) new = 2(2) old other within CTUs in accordance with the provisions of the 4(3) new = 2(3) old (2) Shipowner means company as defined in the ISM Code. IMDG Code. However, for LWHA traffic packages may be 4(4) new = 2(4) old loaded together in the same CTU if segregation categories 4(5) new = 2(5) old (3) On-deck stowage means stowage on the weather deck. “away from” or “separated from” are applicable according to the provisions of the IMDG Code. (4) Under-deck stowage means stowage in a cargo space; in an open ro-ro cargo space, unless it is considered by a (2) Substances and articles assigned to class 1 or bearing a competent authority to be a weather deck; and/or in a closed label of class 1 as subsidiary risk, shall be loaded and ro-ro cargo space, as appropriate. segregated in accordance with ADR/RID or the IMDG Code. (5) Low Wave Height Area (LWHA) is a sea area where (3) Placarding and marking of CTUs containing dangerous according to the Agreement concerning specific stability goods shall be in accordance with the provisions requirements for ro-ro passenger ships undertaking regular of ADR/RID or the IMDG Code, see Section 5. scheduled international voyages between or to or from CTUs containing Marine Pollutants have to be marked  7 MoU new Current MoU Comment designated ports in North West Europe and the Baltic Sea, according to the IMDG Code, if they are not marked 28 February 1996 (Stockholm Agreement), set into effect on according to section 5.3.6 of ADR/RID. 1 April 1997, the significant wave height does not exceed 2.3 metres more than 10 % of the year (see Appendix 1 of Annex 1). Traffic in other areas can be considered as LWHA traffic by the competent authorities concerned if equivalent safety can be assured. Section 5 Section 5 Reference to IMDG Code: 1.1.3 Exempted dangerous goods (1.1.3 ADR/RID and 3.3 to Transport of CTUs ADR; 3.3, 3.4, 3.5 3.5 IMDG Code) CTUs containing dangerous goods may be carried on ro-ro 6(1) and 6(2) new = 5(2) old (1) When dangerous goods are transported in accordance ships in accordance with the following provisions: 6(3) new = 3(5) old with chapter 3.4 and/or 3.5, except 3.5.1.4, of ADR/RID the consignor or his representative shall provide the master with (1) A container/vehicle packing certificate (CTU packing the UN-Number as well as the following information: certificate) shall be issued for each CTU containing “Dangerous goods in limited and/or in excepted quantities of dangerous goods. The model CTU packing certificate shall class(es)...“. comply with the IMO/ILO/UN ECE Guidelines1 for packing of Cargo Transport Units (CTUs) referred to in Section 9 (2). (2) When dangerous goods are transported in accordance The packing certificate for mixed loading for traffic in LWHA with paragraphs 1.1.3.1 (b) – (f) or 1.1.3.2 (a) – (c) or (e) or shall state that the CTU complies with the requirements of 1.1.3.4.1 of ADR/RID, unless exempted by the IMDG Code, mixed loading as specified in Section 4 (1) sentence 2. In the consignor or his representative shall inform the master that case the following has to be stated in the packing that these paragraphs are used. certificate: “Packed together according to the MoU”. (3) Vehicles (UN 3166 or 3171) loaded in a closed or (2) When dangerous goods are transported in accordance sheeted CTU may be carried provided that the consignor or with chapter 3.4 and/or 3.5, except 3.5.1.4, of ADR/RID the his representative informs the master about the presence of consignor or his representative shall provide the master with the vehicle. the UN-Number as well as the following information: “Dangerous goods in limited and/or in excepted quantities of class(es)...“. When dangerous goods are transported in accordance with paragraphs 1.1.3.1 (b) – (f) or 1.1.3.2 (a) – (c) or (e) or 1.1.3.4.1 of ADR/RID, unless exempted by the IMDG Code,  8 MoU new Current MoU Comment the consignor or his representative shall inform the master that these paragraphs are used. (3) CTUs as referred to in 1.1.3.4.2 ADR/RID and 1.1.3.6 ADR shall display on two opposite sides2 a neutral orange- coloured plate from the time they have been checked in at the port facility and during the voyage , unless they are marked according to chapter 3.4 ADR/RID. The responsibility for fitting such plates shall rest with the person actually placing the CTU ready for loading on board the ro-ro ship. (4) When the placarding and marking of trailers without a motor vehicle is not in accordance with the provisions of the IMDG Code, the trailers shall display, on two opposite sides2 a neutral orange-coloured plate, from the time they have been checked in at the port facility and during the voyage. The responsibility for fitting such plates shall rest with the person actually placing the trailer ready for loading on board the ro-ro ship. (5) Orange-coloured plates mentioned in 5 (3) and 5 (4) means plates conforming to ADR/RID 5.3.2. Plates required only in the MoU shall be clearly visible and conform to ADR/RID 5.3.2.2.1 regarding size and colour. These plates may be replaced by self-adhesive sheets, by paint or by any other equivalent process. Section 6 Section 6 Training (1.3 IMDG Code) Stowage and segregation between CTUs Reference to IMDG Code: 1.3 (1) The consignor shall ensure that the persons they appoint (1) Segregation between CTUs shall be in accordance with 6(1) new = 7(1) old to plan- and perform transport of CTUs under the provisions the IMDG Code. However for classes 2 to 9 in LWHA traffic, 6(2) new = 9(4) old of the present MoU, are made familiar with, and instructed in no segregation is required between CTUs if segregation  9 MoU new Current MoU Comment the application of the relevant provisions due to their categories “away from” or “separated from” are applicable responsibilities. according to the provisions of the IMDG Code. (2) Shipowners shall ensure that the persons they appoint (2) Stowage of class 1 shall be in accordance with the IMDG and who are involved in the transport of CTUs under the Code and the Document of Compliance (SOLAS 1974, II- provisions of the present MoU are made familiar, through 2/19). repeated training, with the application of the relevant provisions, in particular, with those of ADR/RID. They shall ensure that the persons involved will be issued with a certificate stating that they have been trained and informed (3) The following table shall apply to the stowage of CTU accordingly. containing dangerous goods: Stowage table for CTUs containing packaged dangerous goods of classes 2 to 9 Note: Stowage shall also be in accordance with the Document of Compliance (SOLAS 1974, II-2/19) or the Letter of Compliance referred to in Section 8 of the MoU. [Table] 1) The carriage of Aluminium ferrosilicon powder of UN number 1395, Aluminium silicon powder, uncoated of UN number 1398, Calcium silicide of UN number 1405 and Ferrosilicon of UN number 1408 when transported in bulk packagings, in containers, road vehicles or rail wagons, tank containers or demountable tanks is allowed only when accompanied by a certificate stating that the material was stored under cover, but in the open air, and that the particle size is representative of the material stored. 2) For the stowage of these substances, 7.3.7 and 7.1.4.6 of the IMDG Code shall be complied with in addition to the provisions of ADR. 3) Refrigerated gases of ADR or of stowage category “D” of the IMDG Code are prohibited.  10 MoU new Current MoU Comment *) For the purpose of the MoU the total number of passengers may be extended to not more than 1 person per 1 metre of the overall length of the ship. Notes pertaining to this table: A: If the stowage of dangerous goods is prohibited according to this table for one item contained in a CTU loaded with mixed dangerous goods, this prohibition applies to the whole unit within that compartment. B: Substances assigned to special provisions SP 349, 350, 351, 352, 353 or 900 of the IMDG Code are prohibited. C: If the stowage of dangerous goods is prohibited according to or not covered by this table, but is permitted under the provisions of the IMDG Code, the stowage requirements of the IMDG Code may be applied instead. Section 7 Section 7 Reference to IMDG Code: 4.1 Use of packagings (4.1 IMDG Code) Additional duties for the consignors 7 new = 3(2) old The application of packing instruction R001 of section 4.1.4 (1) The consignor shall ensure that the persons they appoint of ADR/RID is allowed only for the traffic in LWHA. to plan- and perform transport of CTUs under the provisions of the present MoU, are made familiar with, and instructed in the application of the relevant provisions due to their responsibilities. (2) The consignor shall ensure that, in addition to the information required by the provisions of ADR/ RID, the dangerous goods are identified within the documentation as „MARINE POLLUTANT“ or „MARINE POLLUTANT/ENVIRONMENTALLY HAZARDOUS", if applicable. 3) When liquid dangerous goods are to be transported, with  11 MoU new Current MoU Comment a flashpoint of 60°C or below (closed cup (c.c.)), it shall be declared whether the flashpoint is < 23°C or ≥ 23°C, so that the person(s) responsible for loading of the cargo can be properly informed and cargo stowed accordingly. Section 8 Section 8 Reference to IMDG Code: 4.2 Use of Tanks (4.2 IMDG Code) Requirements applicable to ships 8 new = 3(3) old Tanks shall either comply with chapter 4.2 ADR/RID or the (1) Ships shall, with regard to design and equipment, fulfil IMDG Code, as amended, or comply with chapter 4.3 the requirements of regulation II-2/54 of SOLAS 74, as ADR/RID, as amended. Tanks with open venting devices amended. For ships constructed on or after 1 July 2002 should not be permitted for transport on board of ro-ro ships. regulation II-2/19 SOLAS 74, as amended, shall be applicable. The Document of Compliance shall include information specifying the classes of dangerous goods, which may be stowed in the individual cargo spaces of the ship. (2) Ships constructed before 1 September 1984 already provided with a letter of compliance may continue to transport dangerous goods in accordance with the requirements applicable at the time, when the letter of compliance was issued. However, these ships shall comply with the requirements of chapter 7.5 of the IMDG Code. (3) A Letter of Compliance issued in accordance with the MoU is considered to be equivalent as being specified in 7.5.2.6 of the IMDG Code. Section 9 Section 9 Use of bulk containers (4.3 IMDG Code) Additional requirements Reference to IMDG Code: 4.3 Bulk containers shall comply with chapter 7.3 ADR/RID, as (1) During the voyage, CTUs containing dangerous goods 9 new = 3(4) old amended, or 4.3 of the IMDG Code, as amended, for shall be secured in compliance with the Cargo Securing substances of class 4.3 only closed waterproof CTUs shall Manual approved by the Administration. As far as be used. practicable, IMO Resolution A.581(14) of 20 November 1985 shall be observed. CTUs without facilities for lashing may not  12 MoU new Current MoU Comment be offered for transport under the provisions of this MoU. (2) The IMO/ILO/UN ECE Guidelines for Packing of Cargo Transport Units (CTUs) shall be observed for all cargo transport units. (3) Ro-ro vessels shall have on board current versions of: a) the International Maritime Dangerous Goods Code (IMDG Code); b) the Emergency Procedures for Ships Carrying Dangerous Goods (EmS); c) the Medical First Aid Guide for Use in Accidents Involving Dangerous Goods (MFAG); d) the applicable Regulations Concerning the International Carriage of Dangerous Goods by Rail (RID) or Annexes A and B of the European Agreement Concerning the International Carriage of Dangerous Goods by Road (ADR), as appropriate to the mode of transport. (4) Shipowners shall ensure that the persons they appoint and who are involved in the transport of CTUs under the provisions of the present MoU are made familiar, through repeated training, with the application of the relevant provisions, in particular, with those of ADR/RID. They shall ensure that the persons involved will be issued with a certificate stating that they have been trained and informed accordingly. (5)The competent authorities concerned may grant exemptions for a period of not more than 1 year, provided an equivalent level of safety is maintained. The MoU Member States shall be notified of such exemptions. (6) The competent authorities as listed in Section 2 above  13 MoU new Current MoU Comment should arrange for a representative proportion of checks to be conducted on consignments using a checklist (Appendix 2). (7) The number and results of checks shall be presented at the MoU meetings and circulated to the competent authorities concerned. Section 10 Section 10 Reference to the IMDG Code: Placarding and marking of containers (5.3 IMDG Code) Transitional Regulations 5.3 (1) Placarding and marking of CTUs containing dangerous On board cargo ships and passenger ships carrying not 10(1) new = 4 (3) old goods shall be in accordance with the provisions more than 1 passenger per 1 meter length of the ship, CTUs 10(2) new = 5(4) old of ADR/RID or the IMDG Code, see Section 5. may be stowed under deck by using the approval of the 10(3) new = 5(3) old CTUs containing Marine Pollutants have to be marked competent authority having granted such a stowage until 31 10(4) new = 5(5) old according to the IMDG Code, if they are not marked December 2002. Segregation of the CTUs in this deck must according to section 5.3.6 of ADR/RID. be performed in compliance with the requirements in the IMDG Code, section 7.5.3.2 (Table of segregation of cargo (2) When the placarding and marking of trailers without a units on board ro-ro ships). motor vehicle is not in accordance with the provisions of the IMDG Code, the trailers shall display, on two opposite sides2 a neutral orange-coloured plate, from the time they have been checked in at the port facility and during the voyage. The responsibility for fitting such plates shall rest with the person actually placing the trailer ready for loading on board the ro-ro ship. (3) CTUs as referred to in 1.1.3.4.2 ADR/RID and 1.1.3.6 ADR shall display on two opposite sides2 a neutral orange- coloured plate from the time they have been checked in at the port facility and during the voyage , unless they are marked according to chapter 3.4 ADR/RID. The responsibility for fitting such plates shall rest with the person actually placing the CTU ready for loading on board the ro-ro ship.  14 MoU new Current MoU Comment (5) Orange-coloured plates mentioned in 5 (3) and 5 (4) 10 (2) and 10 (3) means plates conforming to ADR/RID 5.3.2. Plates required only in the MoU shall be clearly visible and conform to ADR/RID 5.3.2.2.1 regarding size and colour. These plates may be replaced by self-adhesive sheets, by paint or by any other equivalent process. Section 11 Section 11 Reference to the IMDG Code: Documentation (5.4 IMDG Code) Entry into force 5.4 (1) When liquid dangerous goods are to be transported, with (1) This amendment to the Memorandum of Understanding 11(1) new = 7(3) old a flashpoint of 60°C or below (closed cup (c.c.)), it shall be shall come into force not later than 1 January 2015. 11(2) new = 7(2) old declared whether the flashpoint is < 23°C or ≥ 23°C, so that 11(3) new = 5(1) old the person(s) responsible for loading of the cargo can be (2) The German and English versions of this amendment to 11(4) new = 9(3) old properly informed and cargo stowed accordingly. the Memorandum of Understanding shall be equally authoritative. (2) The consignor shall ensure that, in addition to the information required by the provisions of ADR/ RID, the dangerous goods are identified within the documentation as „MARINE POLLUTANT“ or „MARINE POLLUTANT/ENVIRONMENTALLY HAZARDOUS", if applicable. (3) CTUs containing dangerous goods may be carried on ro- ro ships in accordance with the following provisions: A container/vehicle packing certificate (CTU packing certificate) shall be issued for each CTU containing dangerous goods. The model CTU packing certificate shall comply with the IMO/ILO/UN ECE Guidelines1 for packing of Cargo Transport Units (CTUs) referred to in Section 14 (2). The packing certificate for mixed loading for traffic in LWHA shall state that the CTU complies with the requirements of  15 MoU new Current MoU Comment mixed loading as specified in Section 14 (3) sentence 2. In that case the following has to be stated in the packing certificate: “Packed together according to the MoU”. (4) Ro-ro vessels shall have on board current versions of: a) the International Maritime Dangerous Goods Code (IMDG Code); b) the Emergency Procedures for Ships Carrying Dangerous Goods (EmS); c) the Medical First Aid Guide for Use in Accidents Involving Dangerous Goods (MFAG); d) the applicable Regulations Concerning the International Carriage of Dangerous Goods by Rail (RID) or Annexes A and B of the European Agreement Concerning the International Carriage of Dangerous Goods by Road (ADR), as appropriate to the mode of transport. Section 12 Reference in IMDG Code 7.1, Stowage of CTUs (7.1 and 7.5 IMDG Code) 7.5 (1) The following table shall apply to the stowage of CTU containing dangerous goods: 12(1) new= 6(3) old 12(2) new =6(2) old Stowage table for CTUs containing packaged dangerous 12(3) new = 8(3) old goods of classes 2 to 9 12(4) new = 10 old Note: Stowage shall also be in accordance with the Document of Compliance (SOLAS 1974, II-2/19) or the Letter of Compliance referred to in Section 8 of the MoU. [Table] 1) The carriage of Aluminium ferrosilicon powder of UN number 1395,  16 MoU new Current MoU Comment Aluminium silicon powder, uncoated of UN number 1398, Calcium silicide of UN number 1405 and Ferrosilicon of UN number 1408 when transported in bulk packagings, in containers, road vehicles or rail wagons, tank containers or demountable tanks is allowed only when accompanied by a certificate stating that the material was stored under cover, but in the open air, and that the particle size is representative of the material stored. 2) For the stowage of these substances, 7.3.7 and 7.1.4.6 of the IMDG Code shall be complied with in addition to the provisions of ADR. 3) Refrigerated gases of ADR or of stowage category “D” of the IMDG Code are prohibited. *) For the purpose of the MoU the total number of passengers may be extended to not more than 1 person per 1 metre of the overall length of the ship. Notes pertaining to this table: A: If the stowage of dangerous goods is prohibited according to this table for one item contained in a CTU loaded with mixed dangerous goods, this prohibition applies to the whole unit within that compartment. B: Substances assigned to special provisions SP 349, 350, 351, 352, 353 or 900 of the IMDG Code are prohibited. C: If the stowage of dangerous goods is prohibited according to or not covered by this table, but is permitted under the provisions of the IMDG Code, the stowage requirements of the IMDG Code may be applied instead. (2) Stowage of class 1 shall be in accordance with the IMDG Code and the Document of Compliance (SOLAS 1974, II- 2/19).  17 MoU new Current MoU Comment (3) A Letter of Compliance issued in accordance with the MoU is considered to be equivalent as being specified in 7.5.2.6 of the IMDG Code. (4) On board cargo ships and passenger ships carrying not more than 1 passenger per 1 meter length of the ship, CTUs may be stowed under deck by using the approval of the competent authority having granted such a stowage until 31 December 2002. Segregation of the CTUs in this deck must be performed in compliance with the requirements in the IMDG Code, section 7.5.3.2 (Table of segregation of cargo units on board ro-ro ships). Section 13 Reference to IMDG Code: 7.2, Segregation of CTUs (7.2 and 7.5 IMDG Code) 7.5 Segregation between CTUs shall be in accordance with the 13 new = 6(1) old IMDG Code. However for classes 2 to 9 in LWHA traffic, no segregation is required between CTUs if segregation categories “away from” or “separated from” are applicable according to the provisions of the IMDG Code. Section 14 Reference to IMDG Code: 7.3 Packing of CTUs (7.3 IMDG Code) (1) Dangerous goods, which either fulfil the requirements of 14(1) new = 1(3) old ADR/RID or the IMDG Code may be loaded together in the 14(2) new = 9 (2) old same CTU. 14 (3) new = 4(1) old 14(4) new = 4(2) old (2) The IMO/ILO/UN ECE Guidelines for Packing of Cargo 14(5) new = 4(3) old Transport Units (CTUs) shall be observed for all cargo transport units. (3) Packages (packagings, large packagings or IBCs)  18 MoU new Current MoU Comment containing dangerous goods shall be segregated from each other within CTUs in accordance with the provisions of the IMDG Code. However, for LWHA traffic packages may be loaded together in the same CTU if segregation categories “away from” or “separated from” are applicable according to the provisions of the IMDG Code. (4) Substances and articles assigned to class 1 or bearing a label of class 1 as subsidiary risk, shall be loaded and segregated in accordance with ADR/RID or the IMDG Code. (5) Placarding and marking of CTUs containing dangerous goods shall be in accordance with the provisions of ADR/RID or the IMDG Code, see Section 10. CTUs containing Marine Pollutants have to be marked according to the IMDG Code, if they are not marked according to section 5.3.6 of ADR/RID. Section 15 Reference to IMDG Code: 7.9.1 Exemptions 15 new = 9(5) old The competent authorities concerned may grant exemptions for a period of not more than 1 year, provided an equivalent As the MoU itself is an level of safety is maintained. The MoU Member States shall exemption according to 7.9.1 be notified of such exemptions. IMDG Code it is to question whether the enabling provision is needed. What means “competent authorities concerned” Reference to IMDG Code: 7.9.3 Section 16 Contact information for the main designated national 16 new = 2(6) old  19 MoU new Current MoU Comment competent authorities The competent authorities in accordance with thsee provisions are: Denmark Danish Maritime Authority Carl Jacobsens Vej 31 DK-2500 Valby E-mail: [email protected] Estonia Estonian Maritime Administration Maritime Safety Division Valge 4 EE-11413 Tallinn E-mail: [email protected] Finland Finnish Transport Safety Agency P.O. Box 320 FI-00101 HELSINKI E-mail: [email protected] Germany Federal Ministry of Transport and Digital Infrastructure P.O. Box 20 01 00 D-53170 BONN E-mail: [email protected] Lithuania Lithuanian Maritime Safety Administration J. Janonio str. 24LT-92251 KLAIPEDA E-mail: [email protected] Latvia Maritime Administration of Latvia 5 Trijádibas str. LV-1048 RIGA  20 MoU new Current MoU Comment E-mail: [email protected] Poland Ministry of Infrastructure and Development ul. Chałubińskiego 4/6 PL-00-928 WARSAW E-mail: [email protected] Sweden Swedish Transport Agency SE-601 73 NORRKÖPING E-mail: [email protected] Section 17 17 (1) new = 9 (6) old Checks 17 (2) new = 9 (7) old (1) The competent authorities as listed in Section 16 should arrange for a representative proportion of checks to be conducted on consignments using a checklist (Appendix 2). (2) The number and results of checks shall be presented at the MoU meetings and circulated to the competent authorities concerned. Section 18 18 (1) new = 11 (1) old Entry into force 18 (2) new = 11 (2) old (1) This amendment to the Memorandum of Understanding shall come into force not later than 1 January -2017. (2) The German and English versions of this amendment to the Memorandum of Understanding shall be equally authoritative  21 Appendix 1 and Appendix 2 of Annex 1 unchanged From: Schwan, Gudula <[email protected]> Sent: 22. veebruar 2016 18:34 To: '(SFS), Steen M�ller Nielsen'; 'Danish Maritime Authority'; VA_mot; 'Finnish Transport Safety Agency'; 'Helmke (DSLV)'; 'IMO Permanent Representative PL'; Jaak Arro; 'Jyrki, V�h�talo'; 'Linas Kasparavicius, Lithuania'; 'Lithuanian Martime Safety Aministration'; 'Maritime Administration of Latvia'; 'Ministry of INfrastructure and Development ul. Chlubinskiego'; 'Nielsen'; Sulev L�hmus; 'Swedish Transport Agency'; 'Swedish Transport Agency, Pekka Piirainen'; 'Transport.gov.pl'; 'Utzenrath (DSLV)'; Ref-G24 Cc: Prinz, Silvia Subject: Invitation to MoU Conference from 31. May to 2. June 2016 Attachments: MoU_Germany_01.doc; MoU_Template for proposals.doc Dear all, please find enclosed a German proposal for the forthcoming MoU Conference. According to Annex 2 (No. 8) to the MoU I asked you to send the proposals till 29th of February, but unless today, no other proposals have been submitted. At least one member state already indicated that they would need a little bit more time for their submissions. As No. 8 of Annex 2 stipulates that �proposals should be sent to the Member State hosting the next conference at least 3 months before the conference takes place� we have some flexibility in this respect and I suggest postponing the deadline. Please send me your proposals till 25th of March 2016. The template for proposals is enclosed again. Kind regards Gudula Schwan Bundesministerium f�r Verkehr und digitale Infrastruktur Ref. G 24- Bef�rderung gef�hrlicher G�ter Postfach 20 01 00, D-53170 Bonn Federal Ministry of Transport and digital Infrastructure Division G 24 - Transport of Dangerous Goods P.O. Box 20 01 00, D 53170 Bonn Tel. +49 (0) 228 300 2551 Gudula Schwan Bundesministerium f�r Verkehr und digitale Infrastruktur Ref. G 24- Bef�rderung gef�hrlicher G�ter Postfach 20 01 00, D-53170 Bonn Federal Ministry of Transport and digital Infrastructure Division G 24 - Transport of Dangerous Goods P.O. Box 20 01 00, D 53170 Bonn Tel. +49 (0) 228 300 2551 MEMORANDUM OF UNDERSTANDING [Country] FOR THE TRANSPORT OF DANGEROUS GOODS Page 1 IN RO-RO SHIPS IN THE BALTIC [2015-XX-XX] 36 th session from 31 Mai to 2 June 2016, Bonn, Germany MEMORANDUM OF UNDERSTANDING FOR THE TRANSPORT OF DANGEROUS GOODS IN RO-RO SHIPS IN THE BALTIC [Subject/Issue] Submitted by [XXXX] Executive summary: Action to be taken: Paragraph X. Related documents: Background 1. [The reason behind the proposal] Proposal 2. [What does the submitting country propose] Action to be taken 3. [What is expected of the parties to the Baltic MoU] Please send template to [email protected] till 29 February 2016