Kiri

MEMORANDUM OF UNDERSTANDING Finland on the TRANSPORT OF PACKAGED DANGEROUS GOODS ON RO-RO SHIPS IN THE BALTIC SEA Page 1 37th session from 4 April to 6 April 2017, Lübeck, Germany 2017-01-24 MEMORANDUM OF UNDERSTANDING FOR THE TRANSPORT OF PACKAGED DANGEROUS GOODS ON RO-RO SHIPS IN THE BALTIC SEA Changing the Title of the Agreement Submitted by Finland Executive summary: According to 7.9.1.1 of the IMDG Code, where the IMDG Code requires that a particular provision for the transport of dangerous goods shall be com- plied with, a competent authority or competent authorities (port State of departure, port State of arrival or flag State) may authorize any other provision by exemption if satisfied that such provision is at least as effective and safe as that required by the IMDG Code. Finland sees that the Memorandum of Understanding for the Transport of Packaged Dangerous Goods on Ro-Ro Ships in the Baltic Sea is an exemption from the provisions of the IMDG Code, in accordance with 7.9.1.1 of the IMDG Code. Finland would like to pro- pose changing the title of the current MoU to “Administrative Agreement on Transport of Packaged Dangerous Goods on Ro-Ro Ships in the Baltic Sea in Accordance with 7.9.1.1 of the International Maritime Dangerous Goods Code”. This would better reflect the legal nature of the agreement and the fact that it is an exemption from the provisions of the IMDG Code. Action to be taken: Paragraph 6. Related documents: Proposal FIN 03_editorial (Bonn, May 2016) ...  -2- Background 1. According to 7.9.1.1 of the IMDG Code, where the IMDG Code requires that a particular provision for the transport of dangerous goods shall be complied with, a competent authority or competent authorities (port State of departure, port State of arrival or flag State) may authorize any other provi- sion by exemption if satisfied that such provision is at least as effective and safe as that required by the IMDG Code. 2. Finland sees that the Memorandum of Understanding for the Transport of Packaged Dangerous Goods on Ro-Ro Ships in the Baltic Sea is an exemption from the provisions of the IMDG Code, in accordance with 7.9.1.1 of the IMDG Code. 3. The current MoU contains mainly technical provisions. However, it also includes requirements which cannot be regarded as technical, such as the requirement for training and obligations of the participants. For this reason, Finland would like to propose changing the title of the current MoU. The aim of this proposal is to better illustrate that the agreement is not a treaty within the meaning of the Constitution of Finland and the Vienna Conven- tion on the Law of Treaties, but rather an administrative agreement. The new title would also be in line with the fact that the agreement is an exemp- tion from the provisions of the IMDG Code, in accordance with 7.9.1.1 of the IMDG Code. 4 This proposal is based on the discussions on the previous proposal (FIN 03_editorial) presented at the Bonn meeting in May 2016. At the Hamburg meeting October 2016, it was agreed that the decision on the possible changing of the title of the MoU must be made at the next Conference. Proposal 1 5. Finland proposes changing the title of the agreement as “Administrative Agreement on Transport of Packaged Dangerous Goods on Ro-Ro Ships in the Baltic Sea in Accordance with 7.9.1.1 of the International Maritime Dangerous Goods Code”. Proposal 2 6. Finland also proposes the abbreviation Baltic Sea Agreement, which can be used in the provisions of the agreement, in place of “MoU”. Action to be taken ...  -3- 6. The Member States are invited to consider the proposal and take action as appropriate. MEMORANDUM OF UNDERSTANDING Finland on the TRANSPORT OF PACKAGED DANGEROUS GOODS ON RO-RO SHIPS IN THE BALTIC SEA Page 1 37th session from 4 April to 6 April 2017, Lübeck, Germany 2017-01-23 MEMORANDUM OF UNDERSTANDING FOR THE TRANSPORT OF PACKAGED DANGEROUS GOODS ON RO-RO SHIPS IN THE BALTIC SEA Documentation Submitted by Finland Executive summary: It is questionable whether there is any significant improvement of safety level to require the IMDG Code, the ADR/RID or the MoU to be carried aboard the ship. Thus, Finland pro- poses that paragraph 11(4) of the revised MoU concerninged the required documentation aboard the ship could be removed. Action to be taken: Paragraph 7. Related documents: Background 1. Documentation required aboard the ship according to IMDG Code paragraph 5.4.3 Each ship carrying dangerous goods and marine pollutants shall have a spe- cial list or manifest or stowage plan setting out, in accordance with regula- tion VII/ 4.2 of SOLAS 1974, as amended, and with regulation 4.2 of An- nex III of MARPOL 73/78, the dangerous goods and marine pollutants and ...  -2- the location thereof. This special list or manifest shall be based on the doc- umentation and certification required in IMDG Code. 2. Emergency response information According to IMDG sub-paragraph 5.4.3.2 for consignments of dangerous goods, appropriate information shall be immediately available at all times for use in emergency response to accidents and incidents involving danger- ous goods in transport. The information shall be available away from pack- ages containing the dangerous goods and immediately accessible in the event of an incident. Methods of compliance include:  appropriate entries in the special list, manifest or dangerous goods declaration; or  provision of a separate document such as a safety data sheet; or  provision of separate documentation, such as the Emergency Re- sponse Procedures for Ships Carrying Dangerous Goods (EmS Guide) for use in conjunction with the transport document and the Medical First Aid Guide for Use in Accidents Involving Dangerous Goods (MFAG). 3. The use of electronic data processing (EDP) and electronic data interchange (EDI) transmission techniques is an alternative to paper documentation. In addition to section 5.4.3 of the IMDG Code, the following documentation (paper version or electronic version) is required aboard the ship according to the current MoU: (a) The International Maritime Dangerous Goods Code (IMDG Code); (b) 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. (c) The applicable version of the MoU. 4. The emergency response information in accordance with 5.4.3.2 of the IMDG Code shall already include the Emergency Procedures for Ships Car- rying Dangerous Goods (EmS) and the Medical First Aid Guide for Use in Accidents Involving Dangerous Goods (MFAG). 5. According to the minutes of the Hamburg meeting in October 2016, with regard to the documentation required on board (Section 11(4)), it was noted that the obligation to have on board a copy of the IMDG Code and the ADR and/or RID is an additional requirement while the EmS Guide and MFAG are already required to be carried on board according to 5.4.3 of the IMDG Code. According to the revised MoU, the MoU itself would also be required to be carried on board. It is questionable whether there is any significant improvement of safety level to require the IMDG Code, the ADR/RID or the MoU to be carried aboard the ship. ...  -3- Proposal 6. Finland proposes that paragraph 11(4) of the revised MoU concerning the required documentation aboard the ship could be removed. The required documentation does not improve the safety level in any significant way. All the necessary information is already included in the ADR/RID and IMDG documentation (the Emergency Procedures for Ships Carrying Dangerous Goods (EmS) and the Medical First Aid Guide for Use in Accidents Involv- ing Dangerous Goods (MFAG)). Action to be taken 7. The Member States are invited to consider the proposal and take action as appropriate. MEMORANDUM OF UNDERSTANDING Finland on the TRANSPORT OF PACKAGED DANGEROUS GOODS ON RO-RO SHIPS IN THE BALTIC SEA Page 1 37th session from 4 April to 6 April 2017, Lübeck, Germany [2017 ] MEMORANDUM OF UNDERSTANDING FOR THE TRANSPORT OF PACKAGED DANGEROUS GOODS ON RO-RO SHIPS IN THE BALTIC SEA Some editorial proposals to the revised text of the MoU Submitted by Finland Executive summary: This document proposes some editorial modifications to the revised text of the MoU Action to be taken: Paragraph 3. Related documents: Revised text of the MoU Background 1. The revised text of the MoU was drafted in Hamburg from 4 to 6 October 2016. Proposal 2. Finland would like to propose some minor editorial modifications to the revised text of the MoU, as provided in the Annex to this document. The proposed modifications are provided with using the tracked changes function of MS Word, and highlighted with comments. Action to be taken 3. The competent authorities are invited to consider these proposals and take action as appropriate. ANNEX Memorandum of Understanding for the Transport of Packaged Dangerous Goods on Ro-Ro Ships in the Baltic Sea (1)The competent authorities of Denmark, Estonia, Finland, Germany, Latvia, Lithuania, Poland and Sweden authorize the provisions of this Memorandum of Understanding (MoU) by exemption in accordance with 7.9.1.1 of the International Maritime Dangerous Goods Code (IMDG Code). (2) This MoU lays down the exemptions (Annex 1) from the provisions of the IMDG Code when transporting dangerous goods covered by Appendix C (Regulations Concerning the International Carriage of Dangerous Goods by Rail (RID)) to the Convention Concerning International Carriage by Rail (COTIF) or Annexes A and B of the European Agreement Concerning the International Carriage of Dangerous Goods by Road (ADR) on board ro-ro ships in the Baltic Sea. (3) Amendments to this MoU shall be made in accordance with the procedures in Annex 2. (4) Joint checks should be carried out in accordance with the guidelines in Annex 3. (5) This MoU is not intended to supersede national or international law. (6) This MoU shall come into force on 1 January 2018. It shall replace the Memorandum of Understanding, Copenhagen 15-17June 2004 edition as revised under the chairmanship of Denmark. This MoU is valid until revoked or replaced with a new edition by the competent authorities. 2  Annex 1 as revised by the MoU-Working Group (04-06 Oct. 2016, Hamburg) Memorandum of Understanding for the Transport of Packaged Dangerous Goods in the Baltic Sea Section 1 Scope By derogation from the provisions of the IMDG Code, the present provisions (hereinafter this MoU) may be applied on all ro-ro ships operating within the Baltic Sea proper, the Gulf of Bothnia, the Gulf of Finland and the entrance to the Baltic Sea bounded in the north by the line Skaw-Lysekil. Section 2: Definitions (1) The terms used in this MoU refer to the IMDG Code except those listed below in this section. (2) Shipowner means company as defined in the ISM Code. (3) 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), put into effect on 1 April 1997, the significant wave height does not exceed 2.3 metres by a probability of more than 10 % on a yearly basis (see Appendix 1 of Annex 1). Traffic in other areas can be considered as LWHA traffic by the competent authorities concerned if an equivalent level of safety can be assured. Section 3 Exempted dangerous goods (1) Sections 3.4.4, 3.4.6 and 3.5.6 and chapter 5.4 of the IMDG Code need not be applied to dangerous goods transported in accordance with Chapter 3.4 and/or 3.5 of ADR/RID provided that the master has been informed by the consignor or his representative of the UN number(s) as well as class(es) of the respective dangerous goods. However, that information is not required for transport in accordance with subsection 3.5.1.4 of ADR/RID. Subsection 3.4.5.5 of the IMDG Code needs not be applied if the CTU is marked in accordance with section 10 (1) (c) of this MoU. (2) The provisions of the IMDG Code need not be applied to dangerous goods exempted 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 provided that the master has been informed by the consignor or his representative that these paragraphs of ADR/RID are applied. This information is not required for dangerous goods exempted by the IMDG Code. However, UN 1327 shall be transported in accordance with the provisions of the IMDG Code. (3) Irrespective of special provision 961 of the IMDG Code the consignor or his representative shall inform the master of the presence of a vehicle (UN 3166 or UN 3171) when the vehicle is loaded in a closed or sheeted CTU. Section 4 Training (1) In addition to the training required by chapter 1.3 of the IMDG Code the consignor shall ensure that the persons they appoint to plan and perform transport of CTUs under the provisions of this MoU, are made familiar with, and instructed in the application of the relevant provisions commensurate with their responsibilities. Records of the training shall be kept by the consignor and made available to the employee or competent authority, upon request. 3 (2) Shipowners shall ensure that the persons appointed by them and who are involved in the transport of CTUs under the provisions of this MoU are made familiar, with the application of the relevant provisions, in particular, with those of ADR/RID through repeated training. They shall ensure that these persons are issued with a certificate stating that they have been trained and informed accordingly. Section 5 Classification Dangerous goods may be classified in accordance with part 2, chapters 3.2 and 3.3 of ADR/RIDexcept that substances assigned to special provision 900 of the IMDG Code are prohibited for transport. Section 6 Use of packagings Dangerous goods may be packaged in accordance with chapter 4.1 of the ADR/RID except that the packing instruction R001 in section 4.1.4 of ADR/RID may only be applied for traffic in LWHA. Section 7 Use of tanks Tanks may be used in accordance with chapter 4.2 of ADR/RID or chapter 4.3 of ADR/RID, except that tanks with open venting devices are not permitted on board ro-ro ships. Section 8 Bulk transport Dangerous goods may be transported in bulk in accordance with column 10 or 17 of Table A of chapter 3.2 and chapter 7.3 of ADR/RID, with the following exceptions: For substances of class 4.3 only closed waterproof CTUs shall be used and for batteries assigned to UN 2794, UN 2795, UN 2800 or UN 3028 bulk transport is not permitted. Section 9 Marking and labelling of packages Packages may be marked and labelled in accordance with chapter 5.2 of the ADR/RID. Section 10 Placarding and marking of CTUs (1) A CTU may be placarded and marked in accordance with chapter 5.3 of ADR/RID provided the following additional requirements are met: (a) A CTU containing marine pollutants shall be marked in accordance with subsection 5.3.2.3 of the IMDG Code except when marked in accordance with section 5.3.6 of ADR/RID. (b) A trailer without a motor vehicle shall display two orange-coloured plates, from the time it has been checked at the port facility and during the voyage, except when placarded in accordance with section 5.3.1 of the IMDG Code. The plates shall be affixed one at the front and the other at the rear of the trailer. . (c) A CTU as referred to in paragraph 1.1.3.4.2 of ADR/RID shall display two orange-coloured plates from the time it has have been checked at the port facility and during the voyage, unless marked in accordance with chapter 3.4 of ADR/RID. The plates shall be affixed one at the front and the other at the rear of the CTU for road transport or on both sides of the CTU for rail transport. 4 (d) A CTU as referred to in subparagraph 1.1.3.6 of ADR shall display two orange-coloured plates from the time it has have been checked at the port facility and during the voyage. The plates shall be affixed one at the front and the other at the rear of the CTU. (2) Additional plates required in paragraphs (1) (b) to (d) shall be clearly visible and conform to paragraph 5.3.2.2.1 of ADR/RID regarding size and colour only. These plates need not to bear UN numbers and hazard identification numbers. These plates may be replaced by self-adhesive sheets, by paint or by any other equivalent process. The responsibility for affixing such plates shall rest with the person actually placing the CTU ready for loading on board ro-ro ship. Section 11 Documentation (1) The dangerous goods transport document may be issued in accordance with section 5.4.1 of ADR/RID provided the following additional requirements are met: (a) When liquid dangerous goods with a flashpoint of 60°C or below (closed cup (c.c.)) are to be transported, it shall be indicated whether the flashpoint is < 23°C or ≥ 23°C to ensure appropriate stowage. (b) Marine pollutants shall be identified within the documentation as „MARINE POLLUTANT“or „MARINE POLLUTANT/ENVIRONMENTALLY HAZARDOUS", if required by paragraph 5.4.1.4.3.5 of the IMDG Code. (2) By derogation from section 5.4.2 of the IMDG Code a container/vehicle packing certificate (CTU packing certificate) needs not be provided for CTUs transported in accordance with subsections 1.1.3.1, 1.1.3.2, paragraphs 1.1.3.4.2 or 1.1.3.4.3 of ADR/RID. (3) The packing certificate for CTUs packed in accordance with section 14of this MoU shall state additionally: “Packed together in accordance with the MoU”. (4) In addition to section 5.4.3 of the IMDG Code the following documentation (paper version or electronic version) is required aboard the ship: (a) The International Maritime Dangerous Goods Code (IMDG Code); (b) 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. (c) The applicable version of this MoU. The emergency response information in accordance with 5.4.3.2 of the IMDG Code shall include the Emergency Procedures for Ships Carrying Dangerous Goods (EmS) and the Medical First Aid Guide for Use in Accidents Involving Dangerous Goods (MFAG). Section 12 Stowage of CTUs (1) By derogation from chapters 7.1 and 7.5 of the IMDG Code dangerous goods of classes 2 to 9 may be stowed in accordance with the table below. 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 16 (1) of this MoU. Cargo ships or passenger ships carrying either Description and class as specified not more than Other passenger ships in IMDG Code/RID/ADR 25 passengers or 1 passenger per 3 metres of overall *) length 5 Description Class On deck Under deck On deck Under deck Gases 2 -flammable gases. 2.1 Permitted Prohibited Prohibited Prohibited 3) 3) 3) -non-flammable non-toxic 2.2 Permitted Permitted Permitted Permitted gases. -toxic gases 2.3 Permitted Prohibited Prohibited Prohibited Flammable liquids 3 - packing group I or II Permitted Permitted Permitted Prohibited - packing group III Permitted Permitted Permitted Permitted 2) Flammable solids 4.1 - UN No.1944, 1945, Permitted Permitted Permitted Permitted 2254, 2623 - other UN numbers Permitted Prohibited Permitted Prohibited Substances liable to 4.2 Permitted Prohibited Permitted Prohibited spontaneous combustion Substances which give off 1) 1) flammable gases in 4.3 Permitted Prohibited Permitted Prohibited contact with water Oxidizing substances 5.1 Permitted Permitted Permitted Prohibited 2) Organic peroxides 5.2 Permitted Prohibited Prohibited Prohibited Toxic substances 6.1 - packing group I or II Permitted Prohibited Permitted Prohibited - packing group III Permitted Permitted Permitted Permitted Infectious substances 6.2 Permitted Permitted Prohibited Prohibited Radioactive material 7 Permitted Permitted Permitted Permitted Corrosive substances 8 - packing group I or II Permitted Prohibited Prohibited Prohibited - liquids packing group III Permitted Permitted Permitted Prohibited - solids packing group III Permitted Permitted Permitted Permitted Miscellaneous dangerous 9 Permitted Permitted Permitted Permitted substances and articles 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. *) For the purpose of this 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: deleted 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) A Letter of Compliance issued in accordance with previous versions of this MoU for ships constructed before 31 December 2002 is considered to be equivalent to an authorization in accordance with paragraph 7.5.2.6 of the IMDG Code. 6 Section 13 Segregation of CTUs By derogation from chapters 7.2 and 7.5 of the IMDG Code for classes 2 to 9 in LWHA traffic, no segregation is required between CTUs if segregation categories “away from” or “separated from” are applicable in accordance with the provisions of the IMDG Code. Section 14 Packing of CTUs By derogation from chapter 7.3 of the IMDG Code, for LWHA traffic packages may be loaded together in the same CTU if segregation categories “away from” or “separated from” are applicable in accordance with the provisions of the IMDG Code. Substances and articles of class 1 or bearing a label of class 1 as subsidiary risk may be loaded together in the same CTU in accordance with section 7.5.2 of ADR/RID. Section 15 Contact information for the main designated national competent authorities 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 Technical Section Lume 9 EE-10416 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 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 7  SE-601 73 NORRKÖPING E-mail: [email protected] Section 16 Transitional provisions (1) Ships constructed before 1 September 1984 already provided with a letter of compliance in accordance with the Würzburg version of the MoU may continue to stow dangerous goods in accordance with the letter of compliance (2) 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 in accordance with an approval of the competent authority having granted such a stowage until 31 December 2002 in this deck. In this case section 13 of this MoU may not be applied on that deck. 8 Appendix 1 of Annex 1 of this MoU 9  Annex 2 Principles for amending this Memorandum General 1) This MoU may be amended at a conference or through a written procedure. 2) Conferences or written procedures should be so scheduled that amendments to the international transport regulations (ADR, RID and the IMDG Code) can be taken into account. 3) A conference or a written procedure should be hosted by one of the Member States. 4) Each Member State or observer state/organisation may propose amendments to this MoU. The Member States should agree on the amendments by consensus. 5) The revised MoU, including the agreed amendments, should be reproduced and circulated by the hosting Member State when new amendments have been adopted. The amended parts of the text should be indicated in the margin. 6) The revised MoU including the new amendments shall come into force six months after the new text is available or as otherwise decided. 7) Distribution and communication in general should be performed by electronic means. Conference 8) Proposals should be sent to the Member State hosting the next conference at least 3 months before the conference takes place. The hosting Member State should distribute the proposals to all Member States and observer states/organizations at least 1 month before the conference. All Member States and observer states/organizations shall have the opportunity to respond to the documents presented within a period of 2 weeks after the distribution. Preferably, this distribution should be done by e-mail. 9) Working groups for special issues may be arranged in the time between the conferences. The reports or proposals from such working groups should be presented at the conference in the same way as other proposals. Working groups may also take place during a conference, and this should, if possible, be notified in advance. Written procedure 10) A written procedure can be used as an alternative to a conference providing this is proposed by the Member State designated to host the next conference. In such case the designated Member State will host the written procedure. 11) A written procedure can also be initiated if at least 3 Member States request it. In such case the designated Member State hosting the latest conference should host the written procedure. 12) The Member State hosting the written procedure shall distribute proposals and/or proposed amendments to the competent authorities in the Member States and announce the schedule for written comments. All Member States should respond to the documents presented within a period of 6 weeks. If the initial proposal is amended on the basis of comments of the Member States, the revised proposal should be distributed again to the competent authorities in the Member States. From the time when the revised proposal is distributed the Member States shall declare within 4 weeks whether they agree to the amended text of the MoU. 13) The amendments are adopted if supported by all Member States. The Member State hosting the written procedure shall notify the adoption of the amendments and reproduce and circulate the revised MoU in 10 accordance with section 5. 14) In such case all Member States shall sign and return to the host State a hard copy of the agreed amendment. The signed hard copies shall be kept by the host of the written procedure for at least five years or until it may be recognised by a conference, whatever may come first. 11  Annex 3 Part 1 to 5: (1) Guidelines (2) Competent authorities (3) Checklist for (MoU dangerous goods) transport (4) Checklist for deficiency (MoU dangerous goods) transport (5) Report of competent authorities Part 1 of Annex 3 Guidelines for joint checks for the transport of dangerous goods in ro-ro ships in the Baltic Sea Section 1 (1) The competent authorities in charge of checks in ports should arrange for a representative proportion of checks to be conducted on consignments using a checklist. (2) The number and results of checks should be presented at the MoU meetings and circulated to the competent authorities concerned. Section 2 The checks should be carried out in accordance with the following guidelines 1. Purpose To ensure safe international transport of dangerous goods in connection with ro-ro transport, and to coordinate joint checks carried out in ports within the area covered by this MoU. 2. Application/Scope 2.1 These guidelines are applicable to the participating countries’ competent authorities (listed in Part (1) performing joint checks on transport of dangerous goods. 2.2 Joint checks on dangerous goods should be performed in accordance with the checklist for road transport (Part 2) under the provisions of Directive 95/50/EC as amended by Directive 2008/54/EC or with the checklist for transport of dangerous goods in ro-ro ships in the Baltic (Part 3). 3. Definitions for the purpose of these guidelines 3.1 Joint checks are checks, which are agreed upon by the Member States with connecting ship routes. Joint checks concern export traffic only. 3.2 Competent authority is any national authority related to check of dangerous goods. 4. Procedures for joint checks 4.1 Four joint checks annually should be performed in each country. st 4.2 Competent authorities should exchange plans for joint checks annually on December 1 at the latest. Plans should be submitted between competent authorities with connecting ship routes and the authorities should agree to a mutual timetable for joint checks for one year at a time. 4.3 The execution of the joint checks should be coordinated between the competent authorities with connecting ship routes. 4.4 Joint checks should, in general, be unannounced. 4.5 Joint checks should be performed on basis of checklists for road transport and/or sea transport. (Part 2/3) 4.6. Coordination should ensure that the same CTU is only checked by one competent authority on any joint check. 12 4.7 Competent authorities within the MoU can participate in joint checks as observers in any check performed by competent authorities in other countries. 4.8 At the end of each joint check, the competent authority should submit a report containing information as stipulated in Part 4, which is in accordance with the MSC.1/Circ. 1442 as amended by MSC.1/Circ. 1521, to the responsible administration appointed by MoU conference. 4.9 The responsible administration should submit an annual report of the joint checks to the MoU conference and IMO, on behalf of the Member States. 4.10 The report should be evaluated at the MoU conference and action should be taken as appropriate. 5. Others 5.1 If these guidelines are not followed, safe international transport of dangerous goods shouldbe ensured on equivalent base. The competent authorities should inform the responsible administration (4.8) about their activities. 5.2 Joint checks should be performed in accordance with the requirements of Chapter XI-2 of SOLAS in conjunction with the International Ship and Port Facility Security (ISPS) Code. Part 2 of Annex 3 COMPETENT AUTHORITIES Denmark Inspection of transports of dangerous goods on board Regulations pertaining to carriage of dangerous Danish ships and on board all ships in Danish ports. goods in packaged form by sea. Danish Maritime Authority Danish Maritime Authority Centre for Ships Maritime Regulation and Manning Carl Jacobsens Vej 31 Carl Jacobsens Vej 31 DK-2500 Valby DK-2500 Valby Tel.: +45 7219 6000 Tel.: +45 7219 6000 Tel.: +45 7219 6000 (Outside of office hours) Fax: +45 7219 6001 Fax: +45 7219 6001 E-mail: [email protected] E-mail: [email protected] Steen Nielsen, tel. +45 7219 6376 Jette Lisbeth Bloch Arrias, tel.: +45 7219 6361 E-mail: [email protected] E-Mail: [email protected] Dangerous Goods by Rail (RID) Dangerous Goods by Road (ADR) Legislation and co-ordination: Land based controls and legal proceedings: Danish Transport Authority National Commission of the Danish Police Edvard Thomsens Vej 14 Traffic Police DK-2300 København S Ellebjergvej 52,2 Tel.: +45 7221 8800 DK-2450 Copenhagen SV Fax.: +45 7221 8888 Tel.: +45 33 910 910 E-mail: [email protected] Fax: +45 3343 0159 E-mail: [email protected] Steen Riis Thomsen, tel.: +45 4178 0299 E-mail: [email protected] Bent Blaabjerg, tel. +45 2564 3688 E-mail: [email protected] Freddy Agerskov, tlf. +45 2555 1120 E-mail: [email protected] Estonia 13 Estonian Maritime Administration Ship Supervision Department Technical Section Lume 9 EE-10416 Tallinn ESTONIA Tel.: +372 620 5700 E-mail: [email protected] Finland Regulations pertaining to carriage of dangerous goods in packaged form by sea. Finnish Transport Safety Agency Vessels Department Marine Environment and Security Unit Special Adviser Miina Grönlund P.O. Box 320 FI-00101 Helsinki Tel: +358 29 534 5267 E-mail: [email protected] Inspection of transports of dangerous goods Finnish Transport Safety Agency Finnish Transport Safety Agency Vessels Department Vessels Department Eastern Inspection Unit Eastern Inspection Unit Senior Inspector Dan Stenbäck Inspector Tuomas Kokoi P.O. Box 320 P.O. Box 320 FI-00101 Helsinki FI-00101 Helsinki Tel. +358 29 534 6462 Tel. +358 29 5346 492 E-mail: [email protected] E-mail: [email protected] Finnish Transport Safety Agency Finnish Transport Safety Agency Vessels Department Vessels Department Eastern Inspection Unit Eastern Inspection Unit Senior Inspector Juha Suomalainen Senior Inspector Ilpo Ruokonen P.O. Box 36 P.O. Box 36 FI-48101 Kotka FI-48101 Kotka Tel. +358 29 534 6634 Tel. +358 29 534 6632 E-mail: [email protected] E-mail: [email protected] Finnish Transport Safety Agency Finnish Transport Safety Agency Vessels Department Vessels Department Western Inspection Unit Western Inspection Unit Senior Inspector Carl-Henrik Lauren Senior Inspector Aki Tuominen P.O. Box 209 P.O. Box 209 FI-20101 Turku FI-20101 Turku Tel.: +358 29 534 6603 Tel: +358 29 534 6608 E-mail: [email protected] E-mail: [email protected] Finnish Transport Safety Agency Finnish Transport Safety Agency Vessels Department Vessels Department Western Inspection Unit Western Inspection Unit 14 Senior Inspector Tomas Lindström Senior Inspector Jarmo Kokko P.O. Box 31 P.O. Box 58 FI-65101 Vaasa FI-90101 Oulu Tel: +358 29 534 6674 Tel: +358 29 534 6681 E-mail [email protected] E-mail [email protected] Germany Mecklenburg-Pommerania Ministerium für Inneres und Sport Mecklenburg-Vorpommern Referat Einsatz/Lagezentrum Alexandrinenstraße 1 19055 Schwerin Tel: +49 385/588 2471 Fax: +49 385/588 2480 E-mail: [email protected] Ministerium für Energie, Infrastruktur und Landesentwicklung Mecklenburg-Vorpommern Abteilung 2 - Verkehr Referat 210 Schloßstraße 6 - 8 19053 Schwerin Tel.: +49 385/588 8212 E-mail: [email protected] Landeswasserschutzpolizeiamt Mecklenburg-Vorpommern Gefährliche Güter/Umweltschutz Herr Detlef Kießlich Hohen Tannen 10 18196 Waldeck Tel.: +49 38208/887 3103 Fax: +49 38208/887 3116 E-mail: [email protected] Hansestadt Rostock Stadt Sassnitz/Rügen Der Oberbürgermeister Der Bürgermeister Hafen- und Seemannsamt Rostock Hafenamt Ost-West-Straße 8 Hauptstraße 33 18147 Rostock 18546 Sassnitz Tel.: +49 381/381 8700 Tel.: +49 38392/55312 Fax: +49 381/381 8735 Fax: +49 38392/55312 E-mail: [email protected] E-mail: [email protected] Germany Schleswig-Holstein Innenministerium Ministerium für Wirtschaft, Arbeit, Verkehr und des Landes Schleswig-Holstein Technologie des Landes Schleswig-Holstein Herr Ralf Kock Herr Holger Kotte IV 426 VII 4310 Düsternbrooker Weg 92 Düsternbrooker Weg 94 24105 Kiel 24105 Kiel Tel.: +49 431/988 3169 Tel.: +49 431/988 4740 Fax: +49 431/988 614 3169 Fax: +49 431/988 4700 E-mail: [email protected] E-mail: [email protected] Polizeiliche Grundsatzangelegenheiten Grundsatzangelegenheiten, Einzelfragen Landespolizeiamt Schleswig-Holstein Abteilung 4 - Wasserschutzpolizei SG 412 15 Mühlenweg 166 / Haus 10 24116 Kiel Tel.: +49 431/160 64120 Fax: +49 431/160 64119 E-mail: [email protected] Wasserschutzpolizeirevier Kiel Hafen- und Seemannsamt der Landeshauptstadt Kiel Hafensicherheitsdienst Hafenkapitän Michael Schmidt Düsternbrooker Weg 82 Bollhörnkai 1 24105 Kiel 24103 Kiel Tel.: +49 431/160 1640/1610 Tel.: +49 431/901 1073 Fax: +49 431/160 1609 Fax: +49 431/94477 Außenstelle Ostuferhafen Ostuferhafen 15 24149 Kiel Tel.: + 49 431/205261 Fax: +49 431/26127 E-mail: [email protected] Wasserschutzpolizeistation Puttgarden Fährhafen 23769 Puttgarden Tel.: +49 4371/864 1810 Fax: +49 4347/864 1819 Wasserschutzpolizeirevier Lübeck- Lübeck Port Authority Travemünde Abt. 1.691.4 Hafen- und Seemannsamt Hafensicherheitsdienst/Zentrale Gefahrgut- Schüsselbuden 16 Auskunftsstelle 23552 Lübeck Zum Hafenplatz 1 Tel.: +49 451/122 5918 23570 Lübeck-Travemünde Fax: +49 451/122 5924 Tel.: +49 4502/880880 E-mail: [email protected] Fax: +49 4502/8808819 E-mail: [email protected] Latvia Maritime Administration of Latvia Maritime Safety Department Dangerous Cargo and Bulk Cargo Inspectorate 5 Triijadibas str. LV 1048, Riga Tel.: +371 67062101 Fax: +371 67860082 E-mail: [email protected] Lithuania Lithuanian Maritime Safety Administration Maritime Safety Division J. Janonio str. 24 LT-92251 Klaipeda, Tel.: + 370 469 602 Fax: + 370 469 600 E-mail: [email protected] Poland 16 Ministry of Infrastructure and Development Maritime Transport and Shipping Safety Department ul. Chałubińskiego 4/6 PL-00-928 WARSAW E-Mail: [email protected] Zbigniew Marchlewski Tel. +48 22 630 19 79 Fax +48 22 630 14 97 E-Mail: [email protected] Maritime Office in Gdynia ul. Chrzanowskiego 10 PL-81-338 GDYNIA Tel.: +48 58 355 33 33 Fax +48 58 621 72 31 E-Mail: [email protected] Maritime Office in Słupsk al. Sienkiewicza 18 PL-76-200 SŁUPSK Tel.: +48 59 847 42 56 Fax +48 59 847 42 55 E-Mail: [email protected] Maritime Office in Szczecin ul. Batorego 4 PL-70-207 SZCZECIN Tel.: +48 91 34 49 55 E-Mail: [email protected] Sweden Swedish Transport Agency Swedish Coast Guard, HQ Pekka Piirainen Jimmy Leijonfalk SE-601 73 Norrköping Box 536 SWEDEN SE- 37123 KARLSKRONA Tel.: +46 10 495 3345 SWEDEN Fax: +46 11 23 99 34 Tel.: +46 45 5353400 E-mail: [email protected] Mobil: +46 70 690 60 33 E-mail: [email protected] 17  Part 3 of Annex 3 CHECKLIST FOR INSPECTIONS IN ACCORDANCE WITH THE MOU 2. Date 3. Time Place of check 1.1 Terminal 1.3 Company/system 1 1.4 Theme 1.2 Harbour 4.1 Nationality 4.2 Reg. number trailer/semi- 5.1 5.2 Reg. number. 1.5 Road Vehi- 4 cle 5 trailer/ Nationality container Carrier/address 6 Driver Driver’s assistant 7 Address Address Consignor Place of loading 8¹ Address consignee Place of discharge 9¹ Address 10 Total quantity of dangerous good per transport unit kg 11 ADR 1.1.3.6 quantity limit exceeded 11.1 yes 11.2 no Calculated value LQ EQ Transport with 12.1 Tank 12.2 Bulk 12.3 Package 12.2 Other 12 Transport in 12.9 ADR 12.10 national road 12.11 IMDG Code 12.12 ICAO-TI accordance 12.13 RID 12.14 national rail 12.15 MoU 12.16 Other Risk- *A) Checked B) Not in acc. with the rules C) NA *A) *B) *C) Note category 13 13.1 DGD (5.4) 13.2 Stowage plan 13.3 CPC (5.4.2) 14 Instructions in writing (ADR 5.4.3 & ADR 8.1.2.1(b)) Documents on 15 Bilateral Multilateral Nat.Auth 16 Cert. of app. for vehicle 16.1 vehicle 16.2 ship booard 17.1 Driver’s training certificate (ADR 8.2.1, 8.2.2) 17 17.2 Other dangerous goods training (1.3, ADR 8.2.3) 18 Cargo authorized for transport 19 19.1 vehicle/CTU 19.2 ship permitted for the cargo 20 Provisions related to the mode of transport (bulk, package, tank) 21 Mixed load prohibition Transport operation 22.1 Handling ² 22 22.2 Loading/stowage² 22.3 Cargo securing² 23.1 Leakage² 23 23.2 Damage to package/vehicle² 24 Approval markings packaging/tank/container 25.1 Package marking (5.2.1) 25 25.2 Package labelling (5.2.2) 26 Tank/vehicle placarding (5.3.1) 27 Marking of cargo transport units (5.3.2-5.3.6 , ADR/RID 5.5) 28.1 Wheel chock Equipment on board General purpose safety 28.2 Warning equipment 28 equipment 28.3 Warning vest/protective gloves/ (ADR 8.1.5 a)) eye protection 28.4 Handlamp(s) 29 Additional equipment (ADR 8.1.5.3) Eye rinsing liquid (ADR 8.1.5.2) 30 31.1 Type A (ADR 8.1.4.1(4)) 31 Fire extinguisher 31.2 Type B (ADR 8.1.4.1(5)) 40 Remarks 39 The most serious risk category of established infringements cat. I cat. II cat. III Authority/officer having carried out the inspection (sign) Clarification of signature 41 ¹ To be filled only if relevant for an infringement ² Check of visible violation  Part 4 of Annex 3 CHECKLIST DEFICIENCY IN ACCORDANCE WITH THE MoU 2. Date 3. Time Pos. UN-nr. Goods description Class PG Amount Declaration LQ nr. A B C D E Goods F G H I J K L Nr. Goods Remarks Note Pos. Deficiency  Part 5 of Annex 3 Report of the joint controls 201X Date: Submitted: Country of origin of CTU’s Den- Es- Fin- Ger- Lat- Lithu- Po- Swe- Un- Total Other mark tonia land many via ania land den known 1 Number of CTUs examined (with DG) 2 Number of CTUs with deficiencies total 3 in particular (Position in checklist) 3.1 Placarding and marking (Pos. 26 and 27) 3.2 Labeling (of packages) (Pos. 25) 3.3 Documentation (Pos. 13) 3.4 Packaging (inappropriate or damaged) (Pos. 23) 3.5 Portable tank or road tank vehicles (Pos. 20 and 24) 3.6 Stowage/securing inside CTUs (Pos 22) 3.7 Segregation of cargo (Pos. 21) 3.8 Container Safety Convention (CSC) Safety Approval Plate (Pos. 40) 3.9 Tie down attachments of road vehicle (Pos. 40) 3.10 Other ______________________ 20 MEMORANDUM OF UNDERSTANDING Poland 01 on the TRANSPORT OF PACKAGED DANGEROUS GOODS ON RO-RO SHIPS IN THE BALTIC SEA Page 1 37th session from 4 April to 6 April 2017, Lübeck, Germany 2017-02-16 MEMORANDUM OF UNDERSTANDING FOR THE TRANSPORT OF PACKAGED DANGEROUS GOODS ON RO-RO SHIPS IN THE BALTIC SEA Flag State acceptance Submitted by Poland Executive summary: This document seeks clarification with respect to the possibility of utilization of provisions of the Memorandum, by vessels flying flags of states non-party to it. Action to be taken: Paragraph 5. Related documents: Provisions of IMDG Code -section 7.9.1.1, MoU - Version 06.10.2016, as revised by the MoU-Working Group (04-06 Oct. 2016, Hamburg) Background 1. Flagging-out of ships became widespread phenomenon over recent years. Ro-ro ships op- erating within area covered by the Memorandum are not exception to the rule either. Practice of flag changing resulted in specific situation to some of them, with respect to Baltic MoU provisions. There are ships, carrying dangerous goods, which fly flags of non- party states, more over some of them-flags of states non-party.to ADR/RID as well. Poland is of the opin- ion, that it is not clear whether such vessels may utilize provisions of Baltic MoU, when car- rying dangerous goods within the area covered by the Memorandum. This ambiguity results in the situation that number of owners potentially interested in carrying dangerous goods ac- cording to provisions of Baltic MoU refrain from doing so. We believe this situation demands clarification. 1 Common understanding on utilization of Baltic MoU 2. In order to clarify the issue, sponsors of the document propose common understanding on possibility of utilization of the Memorandum by vessels flying flags of states non-party to it (including flags of states non-party to ADR/RID). Neither the section 7.9.1.1 of the IMDG Code, nor the concept of Baltic MOU is in contradiction to such approach. Information required 3. As per provisions of IMDG Code Section 7.9.1.1, authorization of exemptions requires consent of competent authorities of port State of departure, port State of arrival or flag State. Therefore, for the purpose of Baltic MOU, in case of ship flying flag of the state non-party to the Memorandum, sponsors of the document propose requirement of written" statement of acceptance", issued by the relevant competent authority(ship's flag state). Statement should include the following information:  competent authority identification,  ship's name,  ship's IMO number,  route (trade area) of the ship,  date of issue /expiry. Amendments to Baltic MOU 4. We propose following amendments to the text of Baltic MOU (MoU - Version 06.10.2016, as revised by the MoU-Working Group (04-06 Oct. 2016, Hamburg): Section 11(Documentation) - after existing paragraph (4)(c), following paragraph (5) is to be added: " When provisions of the Memorandum are utilized on board of the ship flying flag of the state non-party to the MoU- written statement of acceptance, issued by relevant compe- tent authority of the flag state of the ship involved, is to be provided on board. Statement should include the following information:  competent authority identification,  ship's name,  ship's IMO number,  route (trade area) of the ship,  date of issue/expiry. Action to be taken 5. MoU members are invited to consider proposals in paragraphs 2-4 and take action as ap- propriate. 2 MEMORANDUM OF UNDERSTANDING Germany 01 (DEU 01) on the TRANSPORT OF PACKAGED DANGEROUS GOODS ON RO-RO SHIPS IN THE BALTIC SEA Page 1 37th session from 4 April to 6 April 2017, Lübeck, Germany 04 January 2017 MEMORANDUM OF UNDERSTANDING FOR THE TRANSPORT OF PACKAGED DANGEROUS GOODS ON RO-RO SHIPS IN THE BALTIC SEA Results on the MoU working group from 4 to 6 October Submitted by Germany Executive summary: This document contains the results of the MoU working group on the editorial review from 4 to 6 October 2016 Action to be taken: Paragraph 3. Related documents: Background 1. The MoU working group (WG) on the editorial review from 4 to 6 October 2017 agreed that the draft for a revised MoU would be submitted by Germany as a proposal for the next MoU Conference. Annex 1 of this document contains the minutes of the WG, annex 2 the draft text as revised be the WG in a track change version and annex 3 the draft text as revised by the WG in a clean version. Proposal 2. Germany proposes to accept the revised version of the MoU and to use the clean version in Annex 3 for further discussions during the conference. Action to be taken ...  -2- 3. The participants of the conference are invited to decide on the acceptance of the revised version. ...  Annex 1- minutes of MoU WG Minutes of the MoU working group in Hamburg from 4 to 6 October 2016 1. Participants of the working group Steen Nielsen Denmark John H. Nielsen Denmark Anders Viborg Kristensen Denmark Eha Urbas Estonia Anu Häkkinen Finland Jyrki Vähätalo Finland Gudula Schwan Germany Silvia Prinz Germany Volker Utzenrath Germany Britta Rosenkranz Germany (partially) Dariusz Oblicki Poland Przemyslaw Lenard Poland Mattias Hörnquist Sweden Anna-Pia Johansson Sweden 2. Results The working group developed a draft for a revised version of the MoU taking into account the results of the 36th MoU Conference in Bonn on 2 June 2016 (annexed to these minutes, hereinafter referred to as “Draft”). An updated proposal by Germany was used as a working basis. The Draft will be submitted by Germany as a proposal for the next MoU Conference. 2.1 Text of the MoU - General SOLAS regulates the requirements to be met by ships and the applicability of the IMDG Code; thus, the Draft does not contain provisions on these areas but only regulates which provisions of the IMDG Code do not need to be applied where the ...  -4- respective provisions of ADR/RID are applied and which additional conditions must be applied when the MoU is applied. The wording “this MoU” is used consistently throughout the Draft. Whether the name “Memorandum of Understanding” is to be sustained as a proper name despite the legal characterization of the regulatory section as an exemption in accordance with the IMDG Code, must be decided by the next Conference. The general provisions in Section 1(2) and 3(1) of the current MoU are deleted or are replaced by specific sections on classification, packagings, marking of packages, use of tanks and bulk transport. Provisions on exemptions and the authoritativeness of the German and English versions are no longer needed and are not included in the Draft. The Draft contains all the changes of address of the competent authorities available to date. Section 2 Definitions The definitions “on deck stowage” and “under deck stowage” can be deleted with a view to the respective definitions in the IMDG Code; when used in the text, care should be taken to ensure that the terms from the IMDG Code (stowage on deck/stowage under deck) are used. Definitions of ADR/RID and the IMDG Code intended to refer to certain versions are not included as otherwise regulatory gaps might occur if the MoU is not adapted every two years. The MoU refers to the respective applicable versions of the codes. Section 3 Exempted dangerous goods UN 1327 (Hay) is not subject to the provisions of ADR/RID but should be stowed in accordance with the provisions of the IMDG Code (SW10). For this reason, there are explicit provisions for transport in accordance with the IMDG Code. ...  -5- Regarding the new provisions on vehicles and machinery applicable as from 2017, the need for supplementary provisions in the MoU will be examined and new text for the new entries for machinery and engines will be developed. There are differences in SP363 between the IMDG Code and ADR/RID regarding marking and the transport document (in the IMDG Code labelling below a capacity of 450 l and transport document irrespective of capacity/amount). However, as this case is already covered by the general provision in accordance with Section 3(2) (exemptions in accordance with 1.1.3.4.1 of ADR/RID), it was decided, following discussions, not to incorporate the developed text into the Draft. The Conference can decide whether a specific provision is needed and the following text should be incorporated: (4) The provisions of special provision 363.7.4 to .5 of the IMDG Code need not to be applied provided the engine or machinery (UN 3528, UN 3529 or UN 3530) is labelled or placarded in accordance with special provision 363 (g) (iv) or (v) of ADR/RID, as appropriate. (5) A transport document in accordance with special provision 363.7.6 of the IMDG Code is not required when the engine or machinery contains not more than 1000 l of liquid fuels, for UN 3528 and UN 3530, or the fuel tank has a water capacity of not more than 1000 l, for UN 3529 provided the master has been informed by the consignor or his representative about the presence of the engine or machinery. Section 4 Training As regards the wording of Section 4(1), the legal classification of the provision on the training by the consignor is crucial. There are two possibilities:  the training is part of the training of shore-based personnel in accordance with chapter 1.3 of the IMDG Code. Justification: The training in accordance with the IMDG Code also refers to exemptions and, furthermore, national regulations are also mentioned in table 1.3.1.6 of the IMDG Code as possible training content for parties involved in offering dangerous goods for transport; in this case, the text of the MoU has to specify that it is part of the training in accordance with the IMDG Code; or  the provision is an additional requirement going beyond the IMDG Code. In this case, an explicit provision on the records of the conducted training is required (considered in the Draft). ...  -6- The working group cannot reach a common understanding; this matter is to be decided by the Conference. Moreover, it is noted that the training provision for the consignor also applies to the personnel deployed to carry out the transport operation. However, the personnel of the consignor are normally not involved in the transport operation but only in preparing it. This aspect should be considered in the deliberations of the Conference. Section 5 Classification The working group examines the special provisions for maritime transport including transport bans with a view to the necessity of explicitly regulating transport of these substances in accordance with the IMDG Code. In this context, the group notes that all special provisions should be reviewed extensively to determine whether there is any need for further regulation in the MoU. Section 7 Use of Tanks Section 7 permits the transport of tanks in accordance with chapters 4.2 or 4.3 of ADR/RID; as a consequence, fibre-reinforced plastic tanks, vacuum-operated waste tanks and MEMUs in accordance with chapters 4.4, 4.5 and 4.7 of ADR/RID are not permitted to be transported within the framework of the MoU. This corresponds to Section 3(3) of the current MoU. Finland inquires about the significance of the prohibition of open venting devices, as this cannot mean that safety valves are not allowed. Germany explains that this provision was incorporated into the MoU in 1999, as there are products that are transported in closed tanks by sea and ventilated by land. However, with the UN tanks having been introduced, there is a provision (6.7.2.15 of the IMDG Code) also for maritime transport that allows for the discharge of cargo fumes into the ambient air. Thus, the need for this provision should once again be examined. Sweden expressed the view that pressure relief devices referred to in 6.7.2.15 are not the same as open venting devices, as they have entirely different purposes. Section 8 Bulk Transport ...  -7- The working group discussed whether also BK 1 containers and the vehicles for bulk transport were permitted to be used in accordance with the MoU. In accordance with Section 3(4) of the current MoU, bulk containers meeting the requirements of chapter 7.3 of ADR/RID are permitted. The definition of bulk container also covers compartments of vehicles. Chapter 7.3 of ADR/RID also regulates the use of sheeted vehicles and sheeted containers so that no restriction to closed containers can be inferred from the current MoU. The restriction to closed containers for class 4.3 is necessary, since, although waterproof bulk containers are to be used in accordance with 7.3.2.4 of ADR/RID, sheeted containers are also permitted in accordance with AP3 of ADR/RID (this concerns UN 1394 ALUMINUM CARBIDE). Bulk transport of batteries is excluded as agreed within the framework of the last Conference. Section 10 Placarding and marking of CTUs Footnote 2 of Section 5 of the current MoU was inserted regarding the positioning of the warning plates. In the Draft, this is replaced by a description of where to affix them. The term “port facility” is kept as this term was deliberately chosen to aim the provision at the possible check in as the crucial point in time for maritime transport and not at the entry into the port area. Section 11 Documentation With regard to the documentation required on board (Section 11(4)), it is taken into account that the obligation to have on board a copy of the IMDG Code and ADR and/or RID is an additional requirement while the EmS Guide and MFAG are also mentioned in 5.4.3 of the IMDG Code, but the IMDG Code also lists alternative documentation that is excluded by the MoU. The MoU is added as documentation to have on board; this is a new requirement, but given the obligation to carry the IMDG Code and ADR and/or RID, it is a logical consequence. Section 12 Stowage In the working group there are different opinions on the extent to which the stowage requirements in accordance with the IMDG Code and the MoU table can be combined. One standpoint is that the increased passenger number in accordance with footnote * is also applicable when, in accordance with the MoU table, stowage is ...  -8- prohibited while, in accordance with the IMDG Code, stowage on cargo ships and passenger ships with a limited number of passengers is permitted (as is the case on ships sailing between Germany and Sweden). According to another point of view (Denmark), the passenger number in accordance with the IMDG Code is decisive in this case. The editorial wording of the text depends on the interpretation. As no common understanding can be reached within the framework of the meeting, it is agreed that the interested delegations develop the different options on whose basis a decision can then be taken on Section 12(1). In this context, it should also be clarified once again whether the subsidiary risks have to be taken into account for stowage in accordance with the MoU table. The provisions on the securing of CTUs are not incorporated into the Draft. Cargo securing on board the ship is covered by the relevant international regulations so that no provisions on this matter need to be laid down within the framework of this MoU. Section 14 Packing of CTUs The text of Section 1(3) of the current MoU is not incorporated into the Draft as the regulatory content is not clear in particular in the context of the new structure. Provisions on the CTU Code are also not incorporated into the Draft. The applicability of the CTU Code results from the IMDG Code. Deviations from the provisions of the IMDG Code for the packing of CTUs are only permitted as regards segregation between the dangerous goods. Section 16 Transitional Periods It is discussed whether the provision in Section 16(1) (Section 8(2) of the current MoU) is still needed or whether this is already covered by Section 12(2). In accordance with this paragraph, a Letter of Compliance (LoC) is considered to be equivalent to an authorization by the administration for the stowage of goods which are transported only on deck in open ro-ro cargo spaces. Denmark states that the provision is still needed regarding the ship “Holger Danske”. This ship has a Document of Compliance (DoC) in accordance with SOLAS and a Letter of Compliance (LoC) in accordance with the Würzburg version of the MoU. According ...  -9- to this LoC, an open ro-ro cargo space is permitted to be used as a weather deck, and this is not covered by Section 12(2). Section 16(2) corresponds to Section 10 of the current MoU. Within the framework of the last Conference, it was noted that six Danish ships still use this transitional provision. Denmark was asked to examine whether there was a need to keep this regulation or whether this was already covered by 7.5.2.7 of the IMDG Code according to which stowage under deck is permitted when an appropriate number of air changes is maintained. Denmark explains that this regulation is still needed as 7.5.2.7 of the IMDG Code only contains provisions for flammable gases or liquids having a flash-point of below 23 °C, while the LoCs permit stowage under deck for all classes except class 5.2. This regulation had also been relevant to ships with Swedish approvals. For the affected Swedish ships – contrary to the affected Danish ships – the Administration’s approvals were not motivated by costly investments having been made on board the ships. Sweden reports that it no longer has a need to apply the transitional provision, since there are no longer any Swedish ships with valid approvals to apply other stowage provisions than the ones of the current version of the MOU. Sweden has however found the wording of Section 10 to be unclear, and has therefore raised the question of clarifying it. The Swedish approvals for ships which authorized the application of the transitional regulation were issued for a limited period of time. Germany recalls that the original wording was selected deliberately to include in its scope approvals granted with limited period of validity and, at the same time, make stowage as approved until 31 December 2002 possible. The meeting agrees to amend the wording in such a way that stowage is to be done “in accordance with” the approval, i.e. clarifying that the MOU does not overrule limitations in national approvals. 2.2. Cover sheet/structure The Draft is restructured as follows:  Annex 1 = Exemptions from the IMDG Code  Annex 2 = Principles for amending the Memorandum ...  - 10 -  Annex 3 = Checks With regard to the legal characterization of the MoU as an exemption in accordance with 7.9.1 of the IMDG Code, the term “competent authorities” is used on the cover sheet instead of “Member States” or “participating countries”. Section 9(6) and (7) of the current MoU are concerned with checks and are thus addressing the countries applying the MoU but not the users involved in the transport operation. For this reason, this text is moved to the text of the new Annex 3. In the text of the Guideline for joint checks, the term “Member States” is replaced or deleted. The term “Member States” is also used in Annex 2 of the Draft (Principles for amending the Memorandum). The text is not recast – also for reasons of time – by the working group, i.e. Annex 2 of the Draft is identical to Annex 2 of the MoU in the current version. This matter needs to be discussed again in principle at the next Conference with regard to the legal characterization of the different parts, the competences of the authorities involved and the resulting consequences for the wording. The following options might be considered:  In Annex 2, the term “Member States” is replaced by “competent authorities” where appropriate.  A definition of “Member States” is introduced to make clear that this is not an international law term but a MoU-specific term that designates the states where the MoU is applied. This definition could be inserted in Annex 2 or as a definition for all parts of the MoU. In the latter case, the amendments to Annex 3 contained in the Draft would not be necessary and the text of the current Guideline for joint checks could be maintained.  Instead of “Member States”, an alternative definition such as “participant” or “participant countries” or “MoU States” is introduced for states where the MoU is applied. The interested delegations should submit corresponding proposals for discussion at the next Conference. There no longer is a revocation clause on the cover sheet of the Draft. If needed, an appropriate provision can be inserted in the Principles for amending the Memorandum. ... - 11 - ...  Annex 2 – draft text- track change MoU - Version 06.10.2016, as revised by the MoU-Working Group (04-06 Oct. 2016, Hamburg) Memorandum of Understanding for the Transport of Packaged Dangerous Goods on Ro-Ro Ships in the Baltic Sea (1)The competent authorities of Denmark, Estonia, Finland, Germany, Latvia, Lithu- ania, Poland and Sweden authorize the provisions of this Memorandum of Under- standing (MoU) by exemption in accordance with 7.9.1.1 of the International Mari- time Dangerous Goods Code (IMDG Code). (2) This MoU lays down the exemptions (Annex 1) from the IMDG Code when trans- porting dangerous goods covered by Appendix C (Regulations Concerning the Inter- national Carriage of Dangerous Goods by Rail (RID)) to the Convention Concerning International Carriage by Rail (COTIF) or Annexes A and B of the European Agree- ment Concerning the International Carriage of Dangerous Goods by Road (ADR) on board ro-ro ships in the Baltic Sea. (3) Amendments to this MoU shall be made in accordance with the procedures in Annex 2. (4) Joint checks should be carried out in accordance with the guideline in Annex 3. (5) This MoU is not intended to supersede national or international law. (6) This MoU shall come into force on 1 January 2018. It shall replace the Memoran- dum of Understanding, Copenhagen 15-17June 2004 edition as revised under the chairmanship of Denmark. This MoU is valid until revoked or replaced with a new edition by the competent authorities. ... - 13 - 13  - 14 - Annex 1 as revised by the MoU-Working Group (04-06 Oct. 2016, Hamburg) Memorandum of Understanding for the Transport of Packaged Dangerous Goods in the Baltic Sea Section 1 Scope By derogation from the provisions of the IMDG Code, the present provisions (hereaf- ter this MoU) may be applied on all ro-ro ships operating within the Baltic Sea prop- er, the Gulf of Bothnia, the Gulf of Finland and the entrance to the Baltic Sea bound- ed in the north by the line Skaw-Lysekil. Section 2: Definitions (1) The terms used in this MoU refer to the IMDG Code except those listed below in this section. (2) Shipowner means company as defined in the ISM Code. (3) Low Wave Height Area (LWHA) is a sea area where according to the Agreement concerning specific stability requirements for ro-ro passenger ships undertaking reg- ular scheduled international voyages between or to or from designated ports in North West Europe and the Baltic Sea, 28 February 1996 (Stockholm Agreement), put into effect on 1 April 1997, the significant wave height does not exceed 2.3 metres by a probability of more than 10 % on a yearly basis (see Appendix 1 of Annex 1). Traffic 14  - 15 - in other areas can be considered as LWHA traffic by the competent authorities con- cerned if an equivalent level of safety can be assured. Section 3 Exempted dangerous goods (1) Sections 3.4.4, 3.4.6 and 3.5.6 and chapter 5.4 of the IMDG Code need not be applied to dangerous goods transported in accordance with Chapter 3.4 and/or 3.5 of ADR/RID provided that the master has been informed by the consignor or his rep- resentative of the UN number(s) as well as class(es) of the respective dangerous goods. However, that information is not required for transport in accordance with sub-section 3.5.1.4 of ADR/RID. Sub-section 3.4.5.5 of the IMDG Code needs not to be applied if the cargo transport unit is marked in accordance with section 10 (1) (c) of the MoU. (2) The provisions of the IMDG Code need not be applied to dangerous goods ex- empted 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 provided that the master has been informed by the consignor or his representative that these paragraphs of ADR/RID are applied. This information is not required for dangerous goods exempted by the IMDG Code. However, UN 1327 shall be transported in accordance with the provisions of the IMDG Code. (3) Irrespective of special provision 961 of the IMDG Code the consignor or his rep- resentative shall inform the master of the presence of a vehicle (UN 3166 or UN 3171) when the vehicle is loaded in a closed or sheeted CTU. Section 4 Training (1) In addition to the training required by chapter 1.3 of the IMDG Code the con- signor shall ensure that the persons they appoint to plan and perform transport of CTUs under the provisions of this MoU, are made familiar with, and instructed in the application of the relevant provisions commensurate with their responsibilities. Rec- 15  - 16 - ords of the training shall be kept by the consignor and made available to the employ- ee or competent authority, upon request. (2) Shipowners shall ensure that the persons appointed by them and who are in- volved in the transport of CTUs under the provisions of this MoU are made familiar, with the application of the relevant provisions, in particular, with those of ADR/RID through repeated training. They shall ensure that these persons are issued with a certificate stating that they have been trained and informed accordingly. Section 5 Classification Dangerous goods may be classified in accordance with part 2, chapters 3.2 and 3.3 of ADR/RIDexcept that substances assigned to special provision 900 of the IMDG Code are prohibited for transport. Section 6 Use of packagings Dangerous goods may be packaged in accordance with chapter 4.1 of the ADR/RID except that the packing instruction R001 in section 4.1.4 of ADR/RID may only be applied for traffic in LWHA. Section 7 Use of Tanks Tanks may be used in accordance with chapter 4.2 of ADR/RID or chapter 4.3 of ADR/RID, except that tanks with open venting devices are not permitted on board of ro-ro ships. Section 8 Bulk transport 16  - 17 - Dangerous goods may be transported in bulk in accordance with column 10 or 17 of Table A of chapter 3.2 and chapter 7.3 of ADR/RID, with the following exceptions: For substances of class 4.3 only closed waterproof CTUs shall be used and for Bat- teries assigned to UN 2794, UN 2795, UN 2800 or UN 3028 bulk transport is not permitted. Section 9 Marking and labelling of packages Packages may be marked and labelled in accordance with chapter 5.2 of the ADR/RID. Section 10 Placarding and marking of CTUs (1) A CTU may be placarded and marked in accordance with chapter 5.3 of ADR/RID provided the following additional requirements are met: (a) A CTU containing Marine Pollutants shall be marked in accordance with sub- section 5.3.2.3 of the IMDG Code except when marked in accordance with section 5.3.6 of ADR/RID. (b) A trailer without a motor vehicle shall display two orange-coloured plates, from the time they have been checked at the port facility and during the voyage, except when placarded in accordance with section 5.3.1 of the IMDG Code. The plates shall be affixed one at the front and the other at the rear of the trailer. . 17  - 18 - (c) A CTU as referred to in paragraph 1.1.3.4.2 of ADR/RID shall display two orange- coloured plates from the time they have been checked at the port facility and during the voyage, unless marked in accordance with chapter 3.4 of ADR/RID. The plates shall be affixed one at the front and the other at the rear of the CTU for road transport or on both sides of the CTU for rail transport. (d) A CTU as referred to in sub-paragraph 1.1.3.6 of ADR shall display two orange- coloured plates from the time they have been checked at the port facility and during the voyage. The plates shall be affixed one at the front and the other at the rear of the CTU. (2) Additional plates required in accordance with paragraph (1) (b) to (d) shall be clearly visible and conform to paragraph 5.3.2.2.1 of ADR/RID regarding size and colour only. These plates need not to bear UN numbers and hazard identification numbers. These plates may be replaced by self-adhesive sheets, by paint or by any other equivalent process. The responsibility for affixing such plates shall rest with the person actually placing the CTU ready for loading on board of the ro-ro ship. Section 11 Documentation (1) The dangerous goods transport document may be issued in accordance with sec- tion 5.4.1 of ADR/RID provided the following additional requirements are met: (a) When liquid dangerous goods with a flashpoint of 60°C or below (closed cup (c.c.)) are to be transported, it shall be indicated whether the flashpoint is < 23°C or ≥ 23°C to ensure appropriate stowage. 18  - 19 - (b) Marine pollutants shall be identified within the documentation as „MARINE POL- LUTANT“or „MARINE POLLUTANT/ENVIRONMENTALLY HAZARDOUS", if re- quired by paragraph 5.4.1.4.3.5 of the IMDG Code. (2) By derogation from section 5.4.2 of the IMDG Code a container/vehicle packing certificate (CTU packing certificate) needs not provided for CTUs transported in ac- cordance with sub-sections 1.1.3.1, 1.1.3.2, paragraphs 1.1.3.4.2 or 1.1.3.4.3 of ADR/RID. (3) The packing certificate for CTUs packed in accordance with section 14of the MoU shall state additionally: “Packed together in accordance with the MoU”. (4) In addition to section 5.4.3 of the IMDG Code the following documentation (paper version or electronic version) is required aboard the ship: (a) The International Maritime Dangerous Goods Code (IMDG Code); (b) The applicable Regulations Concerning the International Carriage of Danger- ous Goods by Rail (RID) or Annexes A and B of the European Agreement Concern- ing the International Carriage of Dangerous Goods by Road (ADR), as appropriate to the mode of transport. (c)The applicable version of this MoU. The emergency response information in accordance with 5.4.3.2 of the IMDG Code shall include the Emergency Procedures for Ships Carrying Dangerous Goods (EmS) and the Medical First Aid Guide for Use in Accidents Involving Dangerous Goods (MFAG). Section 12 Stowage of CTUs (1) By derogation from chapter 7.1 and 7.5 of the IMDG Code dangerous goods of classes 2 to 9 may be stowed in accordance with the table below. 19  - 20 - 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 (SO- LAS 1974, II-2/19) or the Letter of Compliance referred to in section 16 (1) of the MoU. Cargo ships or passenger ships carrying Description and class as either not more than specified in IMDG Other passenger ships 25 passengers or Code/RID/ADR 1 passenger per 3 metres of overall length*) Description Class On deck Under deck On deck Under deck Gases 2 -flammable gases. 2.1 Permitted Prohibited Prohibited Prohibited -non-flammable non- 2.2 Permitted Permitted3) Permitted3) Permitted3) toxic gases. -toxic gases 2.3 Permitted Prohibited Prohibited Prohibited Flammable liquids 3 - packing group I or II Permitted Permitted Permitted Prohibited - packing group III Permitted Permitted Permitted Permitted Flammable solids 4.12) - UN No.1944, 1945, Permitted Permitted Permitted Permitted 2254, 2623 - other UN numbers Permitted Prohibited Permitted Prohibited Substances liable to spontaneous com- 4.2 Permitted Prohibited Permitted Prohibited bustion Substances which 4.3 Permitted1) Prohibited Permitted1) Prohibited 20  - 21 - give off flammable gases in contact with water Oxidizing substances 5.1 Permitted Permitted Permitted Prohibited 2) Organic peroxides 5.2 Permitted Prohibited Prohibited Prohibited Toxic substances 6.1 - packing group I or II Permitted Prohibited Permitted Prohibited - packing group III Permitted Permitted Permitted Permitted Infectious substances 6.2 Permitted Permitted Prohibited Prohibited Radioactive material 7 Permitted Permitted Permitted Permitted Corrosive substances8 - packing group I or II Permitted Prohibited Prohibited Prohibited - liquids packing Permitted Permitted Permitted Prohibited group III Permitted Permitted Permitted Permitted - solids packing group III Miscellaneous dan- gerous substances 9 Permitted Permitted Permitted Permitted and articles 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 con- tainers, 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 provi- sions 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: 21  - 22 - 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: deleted 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 re- quirements of the IMDG Code may be applied instead. (2) A Letter of Compliance issued in accordance with previous versions of this MoU for ships constructed before 31 December 2002 is considered to be equivalent to an authorization in accordance with paragraph 7.5.2.6 of the IMDG Code. Section 13 Segregation of CTUs By derogation from chapter 7.2 and 7.5 of the IMDG Code for classes 2 to 9 in LWHA traffic, no segregation is required between CTUs if segregation categories “away from” or “separated from” are applicable in accordance with the provisions of the IMDG Code. Section 14 Packing of CTUs By derogation from chapter 7.3 of the IMDG Code, for LWHA traffic packages may be loaded together in the same CTU if segregation categories “away from” or “sepa- rated from” are applicable in accordance with the provisions of the IMDG Code. Sub- stances and articles of class 1 or bearing a label of class 1 as subsidiary risk may be loaded together in the same CTU in accordance with section 7.5.2 of ADR/RID. 22  - 23 - Section 15 Contact information for the main designated national competent authorities 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 Technical Section Lume 9 EE-10416 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] 23  - 24 - Latvia Maritime Administration of Latvia 5 Trijádibas str. LV-1048 RIGA E-mail: [email protected] Poland Ministry of Maritime Economy and Inland Navigation ul. Nowy Świat 6/12 PL-00-400 WARSAW E-mail: [email protected] Sweden Swedish Transport Agency SE-601 73 NORRKÖPING E-mail: [email protected] Section 16 Transitional provisions (1) Ships constructed before 1 September 1984 already provided with a letter of compliance in accordance with the Würzburg version of the MoU may continue to stow dangerous goods in accordance with the letter of compliance (2) 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 in accordance with an approval of the competent authority having granted such a stowage until 31 De- cember 2002 in this deck. In this case section 13 of this MoU may not be applied on that deck. 24  - 25 - Appendix 1 of Annex 1 of the MoU 25  - 26 - Annex 2 Principles for amending the Memorandum General 1) The MoU may be amended at a conference or through a written procedure. 2) Conferences or written procedures should be so scheduled that amendments to the international transport regulations (ADR, RID and the IMDG Code) can be taken into account. 3) A conference or a written procedure should be hosted by one of the Member States. 4) Each Member State or observer state/organisation may propose amendments to the MoU. The Member States should agree on the amendments by consensus. 5) The revised MoU, including the agreed amendments, should be reproduced and circulated by the hosting Member State when new amendments have been adopted. The amended parts of the text should be indicated in the margin. 6) The revised MoU including the new amendments shall come into force six months after the new text is available or as otherwise decided. 7) Distribution and communication in general should be performed by electronic means. Conference 8) Proposals should be sent to the Member State hosting the next conference at least 3 months be- fore the conference takes place. The hosting Member State should distribute the proposals to all Member States and observer states/organizations at least 1 month before the conference. All Member States and observer states/organizations shall have the opportunity to respond to the documents presented within a period of 2 weeks after the distribution. Preferably, this distribution should be done by e-mail. 9) Working groups for special issues may be arranged in the time between the conferences. The re- ports or proposals from such working groups should be presented at the conference in the same way 26  - 27 - as other proposals. Working groups may also take place during a conference, and this should, if pos- sible, be notified in advance. Written procedure 10) A written procedure can be used as an alternative to a conference providing this is proposed by the Member State designated to host the next conference. In such case the designated Member State will host the written procedure. 11) A written procedure can also be initiated if at least 3 Member States request it. In such case the designated Member State hosting the latest conference should host the written procedure. 12) The Member State hosting the written procedure shall distribute proposals and/or proposed amendments to the competent authorities in the Member States and announce the schedule for writ- ten comments. All Member States should respond to the documents presented within a period of 6 weeks. If the initial proposal is amended on the basis of comments of the Member States, the revised proposal should be distributed again to the competent authorities in the Member States. From the time when the revised proposal is distributed the Member States shall declare within 4 weeks whether they agree to the amended text of the MoU. 13) The amendments are adopted if supported by all Member States. The Member State hosting the written procedure shall notify the adoption of the amendments and reproduce and circulate the re- vised MoU in accordance with section 5. 14) In such case all Member States shall sign and return to the host State a hard copy of the agreed amendment. The signed hard copies shall be kept by the host of the written procedure for at least five years or until it may be recognised by a conference, whatever may come first. 27  - 28 - Annex 3 Part 1 to 5: (1) Guideline (2) Competent authorities (3) Checklist for (MoU dangerous goods) transport (4) Checklist for deficiency (MoU dangerous goods) transport (5) Report of competent authorities Part 1 of Annex 3 Guideline for joint checks for the transport of dangerous goods in ro-ro ships in the Baltic Sea Section 1 (1) The competent authorities in charge of checks in ports should arrange for a representative proportion of checks to be conducted on consignments using a checklist. (2) The number and results of checks shall be presented at the MoU meetings and circulated to the competent authorities concerned. Section 2 The checks shall be carried out in accordance with the following guidelines 1. Purpose To ensure safe international transport of dangerous goods in connection with ro-ro transport, and to coordinate joint checks carried out in ports within the area covered by the MoU. 28  - 29 - 2. Application/Scope 2.1 This guideline is applicable to the participating countries’ competent authori- ties (listed in Part (1) performing joint checks on transport of dangerous goods. 2.2 Joint checks on dangerous goods should be performed in accordance with the checklist for road transport (Part 2) under the provisions of Directive 95/50/EC as amended by Directive 2008/54/EC or with the checklist for transport of dangerous goods in ro-ro ships in the Baltic (Part 3). 3. Definitions for the purpose of this guideline 3.1 Joint checks are checks, which are agreed upon by the Member States with connecting ship routes. Joint checks concern export traffic only. 3.2 Competent authority: any national authority related to check of dangerous goods. 4. Procedures of joint checks 4.1 Four joint checks annually should be performed in each country. 4.2 Competent authorities should exchange plans for joint checks annually on December 1st at the latest. Plans should be submitted between competent au- thorities with connecting ship routes and the authorities should agree to a mu- tual timetable for joint checks for one year at a time. 4.3 The execution of the joint checks should be coordinated between the compe- tent authorities with connecting ship routes. 4.4 Joint checks should, in general, be unannounced. 4.5 Joint checks should be performed on basis of checklists for road transport and/or sea transport. (Part 2/3) 4.6. Coordination should ensure that the same transport unit is only checked by one competent authority on any joint check. 4.7 Competent authorities within the MoU can participate in joint checks as ob- servers in any check performed by competent authorities in other countries. 29  - 30 - 4.8 At the end of each joint check, the competent authority submits a report con- taining information as stipulated in Part 4, which is in accordance with the MSC.1/Circ. 1442 as amended by MSC.1/Circ. 1521, to the responsible administration appointed by MoU conference. 4.9 The responsible administration submits an annual report of the joint checks to the MoU conference and IMO, on behalf of the Member States. 4.10 The report should be evaluated at the MoU conference and action should be taken as appropriate. 5. Others 5.1 If this guideline is not followed, a safe international transport of dangerous goods shouldbe ensured on equivalent base. The competent authorities in- form the responsible administration (4.8) about their activities. 5.2 Joint checks should be performed in accordance with the requirements of Chapter XI-2 of SOLAS in conjunction with the International Ship and Port Fa- cility Security (ISPS) Code. Part 2 of Annex 3 COMPETENT AUTHORITIES Denmark Inspection of transports of dangerous goods on board Regulations pertaining to carriage of dangerous Danish ships and on board all ships in Danish ports. goods in packaged form by sea. Danish Maritime Authority Danish Maritime Authority Centre for Ships Maritime Regulation and Manning Carl Jacobsens Vej 31 Carl Jacobsens Vej 31 DK-2500 Valby DK-2500 Valby 30  - 31 - Tel.: +45 7219 6000 Tel.: +45 7219 6000 Tel.: +45 7219 6000 (Outside of office hours) Fax: +45 7219 6001 Fax: +45 7219 6001 E-mail: [email protected] E-mail: [email protected] Steen Nielsen, tel. +45 7219 6376 Jette Lisbeth Bloch Arrias, tel.: +45 7219 6361 E-mail: [email protected] E-Mail: [email protected] Dangerous Goods by Rail (RID) Dangerous Goods by Road (ADR) Legislation and co-ordination: Land based controls and legal proceedings: Danish Transport Authority National Commission of the Danish Police Edvard Thomsens Vej 14 Traffic Police DK-2300 København S Ellebjergvej 52,2 Tel.: +45 7221 8800 DK-2450 Copenhagen SV Fax.: +45 7221 8888 Tel.: +45 33 910 910 E-mail: [email protected] Fax: +45 3343 0159 E-mail: [email protected] Steen Riis Thomsen, tel.: +45 4178 0299 E-mail: [email protected] Bent Blaabjerg, tel. +45 2564 3688 E-mail: [email protected] Freddy Agerskov, tlf. +45 2555 1120 E-mail: [email protected] Estonia Estonian Maritime Administration Ship Supervision Department Technical Section Lume 9 EE-10416 Tallinn ESTONIA Tel.: +372 620 5700 E-mail: [email protected] 31  - 32 - Finland Regulations pertaining to carriage of dangerous goods in packaged form by sea. Finnish Transport Safety Agency Vessels Department Marine Environment and Security Unit Special Adviser Mina Grönlund P.O. Box 320 FI-00101 Helsinki Tel: +358 29 534 5267 E-mail: [email protected] Inspection of transports of dangerous goods Finnish Transport Safety Agency Finnish Transport Safety Agency Vessels Department Vessels Department Eastern Inspection Unit Eastern Inspection Unit Senior Inspector Dan Stenbäck Inspector Tuomas Kokoi P.O. Box 320 P.O. Box 320 FI-00101 Helsinki FI-00101 Helsinki Tel. +358 29 534 6462 Tel. +358 29 5346 492 E-mail: [email protected] E-mail: [email protected] Finnish Transport Safety Agency Finnish Transport Safety Agency Vessels Department Vessels Department Eastern Inspection Unit Eastern Inspection Unit Senior Inspector Juha Suomalainen Senior Inspector Ilpo Ruokonen P.O. Box 36 P.O. Box 36 FI-48101 Kotka FI-48101 Kotka Tel. +358 29 534 6634 Tel. +358 29 534 6632 E-mail: [email protected] E-mail: [email protected] Finnish Transport Safety Agency Finnish Transport Safety Agency Vessels Department Vessels Department Western Inspection Unit Western Inspection Unit 32  - 33 - Senior Inspector Carl-Henrik Lauren Senior Inspector Aki Tuominen P.O. Box 209 P.O. Box 209 FI-20101 Turku FI-20101 Turku Tel.: +358 29 534 6603 Tel: +358 29 534 6608 E-mail: [email protected] E-mail: [email protected] Finnish Transport Safety Agency Finnish Transport Safety Agency Vessels Department Vessels Department Western Inspection Unit Western Inspection Unit Senior Inspector Tomas Lindström Senior Inspector Jarmo Kokko P.O. Box 31 P.O. Box 58 FI-65101 Vaasa FI-90101 Oulu Tel: +358 29 534 6674 Tel: +358 29 534 6681 E-mail [email protected] E-mail [email protected] Germany Mecklenburg-Pommerania Ministerium für Inneres und Sport Mecklenburg-Vorpommern Referat Einsatz/Lagezentrum Alexandrinenstraße 1 19055 Schwerin Tel: +49 385/588 2471 Fax: +49 385/588 2480 E-mail: [email protected] Ministerium für Energie, Infrastruktur und Landesentwicklung Mecklenburg-Vorpommern Abteilung 2 - Verkehr Referat 210 Schloßstraße 6 - 8 19053 Schwerin Tel.: +49 385/588 8212 E-mail: [email protected] Landeswasserschutzpolizeiamt Mecklenburg-Vorpommern Gefährliche Güter/Umweltschutz Herr Detlef Kießlich 33  - 34 - Hohen Tannen 10 18196 Waldeck Tel.: +49 38208/887 3103 Fax: +49 38208/887 3116 E-mail: [email protected] Hansestadt Rostock Stadt Sassnitz/Rügen Der Oberbürgermeister Der Bürgermeister Hafen- und Seemannsamt Rostock Hafenamt Ost-West-Straße 8 Hauptstraße 33 18147 Rostock 18546 Sassnitz Tel.: +49 381/381 8700 Tel.: +49 38392/55312 Fax: +49 381/381 8735 Fax: +49 38392/55312 E-mail: [email protected] E-mail: [email protected] Germany Schleswig-Holstein Innenministerium Ministerium für Wirtschaft, Arbeit, Verkehr und des Landes Schleswig-Holstein Technologie des Landes Schleswig-Holstein Herr Ralf Kock Herr Holger Kotte IV 426 VII 4310 Düsternbrooker Weg 92 Düsternbrooker Weg 94 24105 Kiel 24105 Kiel Tel.: +49 431/988 3169 Tel.: +49 431/988 4740 Fax: +49 431/988 614 3169 Fax: +49 431/988 4700 E-mail: [email protected] E-mail: [email protected] Polizeiliche Grundsatzangelegenheiten Grundsatzangelegenheiten, Einzelfragen Landespolizeiamt Schleswig-Holstein Abteilung 4 - Wasserschutzpolizei SG 412 Mühlenweg 166 / Haus 10 24116 Kiel Tel.: +49 431/160 64120 Fax: +49 431/160 64119 E-mail: [email protected] Wasserschutzpolizeirevier Kiel Hafen- und Seemannsamt der Landeshauptstadt Kiel Hafensicherheitsdienst Hafenkapitän Michael Schmidt Düsternbrooker Weg 82 Bollhörnkai 1 34  - 35 - 24105 Kiel 24103 Kiel Tel.: +49 431/160 1640/1610 Tel.: +49 431/901 1073 Fax: +49 431/160 1609 Fax: +49 431/94477 Außenstelle Ostuferhafen Ostuferhafen 15 24149 Kiel Tel.: + 49 431/205261 Fax: +49 431/26127 E-mail: [email protected] Wasserschutzpolizeistation Puttgarden Fährhafen 23769 Puttgarden Tel.: +49 4371/864 1810 Fax: +49 4347/864 1819 Wasserschutzpolizeirevier Lübeck- Lübeck Port Authority Travemünde Abt. 1.691.4 Hafen- und Seemannsamt Hafensicherheitsdienst/Zentrale Gefahrgut- Schüsselbuden 16 Auskunftsstelle 23552 Lübeck Zum Hafenplatz 1 Tel.: +49 451/122 5918 23570 Lübeck-Travemünde Fax: +49 451/122 5924 Tel.: +49 4502/880880 E-mail: [email protected] Fax: +49 4502/8808819 E-mail: [email protected] Latvia Maritime Administration of Latvia Maritime Safety Department Dangerous Cargo and Bulk Cargo Inspectorate 5 Triijadibas str. LV 1048, Riga Tel.: +371 67062101 Fax: +371 67860082 E-mail: [email protected] 35  - 36 - Lithuania Lithuanian Maritime Safety Administration Maritime Safety Division J. Janonio str. 24 LT-92251 Klaipeda, Tel.: + 370 469 602 Fax: + 370 469 600 E-mail: [email protected] Poland Ministry of Maritime Economy and Inland Navigation ul. Nowy Świat 6/12 PL-00-400 WARSAW E-mail: [email protected] Marta Grabowska Head of Shipping Safety and Port Security Unit Maritime Economy Department Ministry of Maritime Economy and Inland Navigation ph.: +48 22 583 85 76 fax: +48 22 583 85 88 e-mail: [email protected] Maritime Office in Gdynia ul. Chrzanowskiego 10 PL-81-338 GDYNIA Tel.: +48 58 355 33 33 Fax +48 58 621 72 31 E-Mail: [email protected] Maritime Office in Słupsk al. Sienkiewicza 18 PL-76-200 SŁUPSK Tel.: +48 59 847 42 56 Fax +48 59 847 42 55 E-Mail: [email protected] 36  - 37 - Maritime Office in Szczecin ul. Batorego 4 PL-70-207 SZCZECIN Tel.: +48 91 34 49 55 E-Mail: [email protected] Sweden Swedish Transport Agency Swedish Coast Guard, HQ Pekka Piirainen Jimmy Leijonfalk SE-601 73 Norrköping Box 536 SWEDEN SE- 37123 KARLSKRONA Tel.: +46 10 495 3345 SWEDEN Fax: +46 11 23 99 34 Tel.: +46 45 5353400 E-mail: [email protected] Mobil: +46 70 690 60 33 E-mail: [email protected] 37  Part 3 of Annex 3 CHECKLIST FOR INSPECTIONS IN ACCORDANCE WITH THE MOU 2. Date 3. Time Place of check 1.1 Terminal 1.3 Company/system 1 1.2 Harbour 1.4 Theme 4.1 Nationality 4.2 Reg. number trailer/semi- 5.1 5.2 Reg. number. 1.5 Road Vehi- 4 5 trailer/ Nationality cle container Carrier/address 6 Driver Driver’s assistant 7 Address Address Consignor Place of loading 8¹ Address consignee Place of discharge 9¹ Address 10 Total quantity of dangerous good per transport unit kg 11 ADR 1.1.3.6 quantity limit exceeded 11.1 yes 11.2 no Calculated value LQ EQ Transport with 12.1 Tank 12.2 Bulk 12.3 Package 12.2 Other 12 Transport in 12.9 ADR 12.10 national road 12.11 IMDG Code 12.12 ICAO-TI accordance 12.13 RID 12.14 national rail 12.15 MoU 12.16 Other Risk- *A) Checked B) Not in acc. with the rules C) NA *A) *B) *C) Note category 13 13.1 DGD (5.4) 13.2 Stowage plan 13.3 CPC (5.4.2) Documents on booard 14 Instructions in writing (ADR 5.4.3 & ADR 8.1.2.1(b)) 15 Bilateral Multilateral Nat.Auth 16 Cert. of app. for vehicle 16.1 vehicle 16.2 ship 17.1 Driver’s training certificate (ADR 8.2.1, 8.2.2) 17 17.2 Other dangerous goods training (1.3, ADR 8.2.3) 18 Cargo authorized for transport 19 19.1 vehicle/CTU 19.2 ship permitted for the cargo Transport operation 20 Provisions related to the mode of transport (bulk, package, tank) 21 Mixed load prohibition 22.1 Handling ² 22 22.2 Loading/stowage² 22.3 Cargo securing² 23 23.1 Leakage² ...  - 39 - 23.2 Damage to package/vehicle² 24 Approval markings packaging/tank/container 25.1 Package marking (5.2.1) 25 25.2 Package labelling (5.2.2) 26 Tank/vehicle placarding (5.3.1) 27 Marking of cargo transport units (5.3.2-5.3.6 , ADR/RID 5.5) 28.1 Wheel chock General purpose safety 28.2 Warning equipment 28 equipment 28.3 Warning vest/protective gloves/ Equipment on board (ADR 8.1.5 a)) eye protection 28.4 Handlamp(s) 29 Additional equipment (ADR 8.1.5.3) Eye rinsing liquid (ADR 8.1.5.2) 30 31.1 Type A (ADR 8.1.4.1(4)) 31 Fire extinguisher 31.2 Type B (ADR 8.1.4.1(5)) 40 Remarks 39 The most serious risk category of established infringements cat. I cat. II cat. III Authority/officer having carried out the inspection (sign) Clarification of signature 41 ¹ To be filled only if relevant for an infringement ² Check of visible violation 39  Part 4 of Annex 3 CHECKLIST DEFICIENCY IN ACCORDANCE WITH THE MoU 2. Date 3. Time Pos. UN-nr. Goods description Class PG Amount Declaration LQ nr. A B C D E Goods F G H I J K L Nr. Goods Remarks Note Pos. Deficiency ... - 41 - 41  - 42 - Part 5 of Annex 3 Report of the joint controls 201X Date: Submitted: Country of origin of CTU’s Den- Es- Fin- Ger- Lat- Lithu- Po- Swe- Un- Total Other mark tonia land many via ania land den known 1 Number of CTUs examined (with DG) 2 Number of CTUs with deficiencies total 3 in particular (Position in checklist) 3.1 Placarding and mark- ing (Pos. 26 and 27) 3.2 Labeling (of packag- es) (Pos. 25) 3.3 Documentation (Pos. 13) 3.4 Packaging (inappro- priate or damaged) (Pos. 23) 3.5 Portable tank or road tank vehicles (Pos. 20 and 24) 3.6 Stowage/securing inside CTUs (Pos 22) 3.7 Segregation of car- 42  - 43 - go (Pos. 21) 3.8 Container Safety Convention (CSC) Safety Approval Plate (Pos. 40) 3.9 Tie down attach- ments of road vehi- cle (Pos. 40) 3.10 Other ______________________ 43  MoU - Version 06.10.2016, as revised by the MoU-Working Group (04-06 Oct. 2016, Hamburg) Memorandum of Understanding for the Transport of Packaged Danger- ous Goods on Ro-Ro Ships in the Baltic Sea (1) The competent authorities of Denmark, Estonia, Finland, Germany, Latvia, Lithu- ania, Poland and Sweden authorize the provisions of this Memorandum of Under- standing (MoU) by exemption in accordance with 7.9.1.1 of the International Mari- time Dangerous Goods Code (IMDG Code). (2) This MoU lays down the exemptions (Annex 1) from the IMDG Code when trans- porting dangerous goods covered by Appendix C (Regulations Concerning the Inter- national Carriage of Dangerous Goods by Rail (RID)) to the Convention Concerning International Carriage by Rail (COTIF) or Annexes A and B of the European Agree- ment Concerning the International Carriage of Dangerous Goods by Road (ADR) on board ro-ro ships in the Baltic Sea. (3) Amendments to this MoU shall be made in accordance with the procedures in Annex 2. (4) Joint checks should be carried out in accordance with the guideline in Annex 3. (5) This MoU is not intended to supersede national or international law. (6) This MoU shall come into force on 1 January 2018. It shall replace the Memoran- dum of Understanding, Copenhagen 15-17June 2004 edition as revised under the chairmanship of Denmark. This MoU is valid until revoked or replaced with a new edition by the competent authorities. ... - 45 - 45  - 46 - Annex 1 Memorandum of Understanding for the Transport of Packaged Dangerous Goods in the Baltic Sea Section 1 Scope By derogation from the provisions of the IMDG Code, the present provisions (hereaf- ter this MoU) may be applied on all ro-ro ships operating within the Baltic Sea prop- er, the Gulf of Bothnia, the Gulf of Finland and the entrance to the Baltic Sea bound- ed in the north by the line Skaw-Lysekil. Section 2: Definitions (1) The terms used in this MoU refer to the IMDG Code except those listed below in this section. (2) Shipowner means company as defined in the ISM Code. (3) Low Wave Height Area (LWHA) is a sea area where according to the Agreement concerning specific stability requirements for ro-ro passenger ships undertaking reg- ular scheduled international voyages between or to or from designated ports in North West Europe and the Baltic Sea, 28 February 1996 (Stockholm Agreement), put into effect on 1 April 1997, the significant wave height does not exceed 2.3 metres by a probability of more than 10 % on a yearly basis (see Appendix 1 of Annex 1). Traffic in other areas can be considered as LWHA traffic by the competent authorities con- cerned if an equivalent level of safety can be assured. 46  - 47 - Section 3 Exempted dangerous goods (1) Sections 3.4.4, 3.4.6 and 3.5.6 and chapter 5.4 of the IMDG Code need not be applied to dangerous goods transported in accordance with Chapter 3.4 and/or 3.5 of ADR/RID provided that the master has been informed by the consignor or his rep- resentative of the UN number(s) as well as class(es) of the respective dangerous goods. However, that information is not required for transport in accordance with sub-section 3.5.1.4 of ADR/RID. Sub-section 3.4.5.5 of the IMDG Code needs not to be applied if the cargo transport unit is marked in accordance with section 10 (1) (c) of the MoU. (2) The provisions of the IMDG Code need not be applied to dangerous goods ex- empted 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 provided that the master has been informed by the consignor or his representative that these paragraphs of ADR/RID are applied. This information is not required for dangerous goods exempted by the IMDG Code. However, UN 1327 shall be transported in accordance with the provisions of the IMDG Code. (3) Irrespective of special provision 961 of the IMDG Code the consignor or his rep- resentative shall inform the master of the presence of a vehicle (UN 3166 or UN 3171) when the vehicle is loaded in a closed or sheeted CTU. Section 4 Training (1) In addition to the training required by chapter 1.3 of the IMDG Code the con- signor shall ensure that the persons they appoint to plan and perform transport of CTUs under the provisions of this MoU, are made familiar with, and instructed in the application of the relevant provisions commensurate with their responsibilities. Rec- ords of the training shall be kept by the consignor and made available to the employ- ee or competent authority, upon request. (2) Shipowners shall ensure that the persons appointed by them and who are in- volved in the transport of CTUs under the provisions of this MoU are made familiar, 47  - 48 - with the application of the relevant provisions, in particular, with those of ADR/RID through repeated training. They shall ensure that these persons are issued with a certificate stating that they have been trained and informed accordingly. Section 5 Classification Dangerous goods may be classified in accordance with part 2, chapters 3.2 and 3.3 of ADR/RIDexcept that substances assigned to special provision 900 of the IMDG Code are prohibited for transport. Section 6 Use of packagings Dangerous goods may be packaged in accordance with chapter 4.1 of the ADR/RID except that the packing instruction R001 in section 4.1.4 of ADR/RID may only be applied for traffic in LWHA. Section 7 Use of Tanks Tanks may be used in accordance with chapter 4.2 of ADR/RID or chapter 4.3 of ADR/RID, except that tanks with open venting devices are not permitted on board of ro-ro ships. Section 8 Bulk transport Dangerous goods may be transported in bulk in accordance with column 10 or 17 of Table A of chapter 3.2 and chapter 7.3 of ADR/RID, with the following exceptions: For substances of class 4.3 only closed waterproof CTUs shall be used and for Bat- teries assigned to UN 2794, UN 2795, UN 2800 or UN 3028 bulk transport is not permitted. 48  - 49 - Section 9 Marking and labelling of packages Packages may be marked and labelled in accordance with chapter 5.2 of the ADR/RID. Section 10 Placarding and marking of CTUs (1) A CTU may be placarded and marked in accordance with chapter 5.3 of ADR/RID provided the following additional requirements are met: (a) A CTU containing Marine Pollutants shall be marked in accordance with sub- section 5.3.2.3 of the IMDG Code except when marked in accordance with section 5.3.6 of ADR/RID. (b) A trailer without a motor vehicle shall display two orange-coloured plates, from the time they have been checked at the port facility and during the voyage, except when placarded in accordance with section 5.3.1 of the IMDG Code. The plates shall be affixed one at the front and the other at the rear of the trailer. (c) A CTU as referred to in paragraph 1.1.3.4.2 of ADR/RID shall display two orange- coloured plates from the time they have been checked at the port facility and during the voyage, unless marked in accordance with chapter 3.4 of ADR/RID. The plates shall be affixed one at the front and the other at the rear of the CTU for road transport or on both sides of the CTU for rail transport. (d) A CTU as referred to in sub-paragraph 1.1.3.6 of ADR shall display two orange- coloured plates from the time they have been checked at the port facility and during the voyage. The plates shall be affixed one at the front and the other at the rear of the CTU. (2) Additional plates required in accordance with paragraph (1) (b) to (d) shall be clearly visible and conform to paragraph 5.3.2.2.1 of ADR/RID regarding size and 49  - 50 - colour only. These plates need not to bear UN numbers and hazard identification numbers. These plates may be replaced by self-adhesive sheets, by paint or by any other equivalent process. The responsibility for affixing such plates shall rest with the person actually placing the CTU ready for loading on board of the ro-ro ship. Section 11 Documentation (1) The dangerous goods transport document may be issued in accordance with sec- tion 5.4.1 of ADR/RID provided the following additional requirements are met: (a) When liquid dangerous goods with a flashpoint of 60°C or below (closed cup (c.c.)) are to be transported, it shall be indicated whether the flashpoint is < 23°C or ≥ 23°C to ensure appropriate stowage. (b) Marine pollutants shall be identified within the documentation as „MARINE POL- LUTANT“or „MARINE POLLUTANT/ENVIRONMENTALLY HAZARDOUS", if re- quired by paragraph 5.4.1.4.3.5 of the IMDG Code. (2) By derogation from section 5.4.2 of the IMDG Code a container/vehicle packing certificate (CTU packing certificate) needs not provided for CTUs transported in ac- cordance with sub-sections 1.1.3.1, 1.1.3.2, paragraphs 1.1.3.4.2 or 1.1.3.4.3 of ADR/RID. (3) The packing certificate for CTUs packed in accordance with section 14of the MoU shall state additionally: “Packed together in accordance with the MoU”. (4) In addition to section 5.4.3 of the IMDG Code the following documentation (paper version or electronic version) is required aboard the ship: (a) The International Maritime Dangerous Goods Code (IMDG Code); (b) The applicable Regulations Concerning the International Carriage of Danger- ous Goods by Rail (RID) or Annexes A and B of the European Agreement Concern- 50  - 51 - ing the International Carriage of Dangerous Goods by Road (ADR), as appropriate to the mode of transport. (c)The applicable version of this MoU. The emergency response information in accordance with 5.4.3.2 of the IMDG Code shall include the Emergency Procedures for Ships Carrying Dangerous Goods (EmS) and the Medical First Aid Guide for Use in Accidents Involving Dangerous Goods (MFAG). Section 12 Stowage of CTUs (1) By derogation from chapter 7.1 and 7.5 of the IMDG Code dangerous goods of classes 2 to 9 may be stowed in accordance with the table below. 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 (SO- LAS 1974, II-2/19) or the Letter of Compliance referred to in section 16 (1) of the MoU. Cargo ships or passenger ships carrying Description and class as either not more than specified in IMDG Other passenger ships 25 passengers or Code/RID/ADR 1 passenger per 3 metres of overall length*) Description Class On deck Under deck On deck Under deck Gases 2 -flammable gases. 2.1 Permitted Prohibited Prohibited Prohibited -non-flammable non- 2.2 Permitted Permitted3) Permitted3) Permitted3) toxic gases. 51  - 52 - -toxic gases 2.3 Permitted Prohibited Prohibited Prohibited Flammable liquids 3 - packing group I or II Permitted Permitted Permitted Prohibited - packing group III Permitted Permitted Permitted Permitted Flammable solids 4.12) - UN No.1944, 1945, Permitted Permitted Permitted Permitted 2254, 2623 - other UN numbers Permitted Prohibited Permitted Prohibited Substances liable to spontaneous com- 4.2 Permitted Prohibited Permitted Prohibited bustion Substances which give off flammable 4.3 Permitted1) Prohibited Permitted1) Prohibited gases in contact with water Oxidizing substances 5.1 Permitted Permitted Permitted Prohibited Organic peroxides 5.22) Permitted Prohibited Prohibited Prohibited Toxic substances 6.1 - packing group I or II Permitted Prohibited Permitted Prohibited - packing group III Permitted Permitted Permitted Permitted Infectious substances 6.2 Permitted Permitted Prohibited Prohibited Radioactive material 7 Permitted Permitted Permitted Permitted Corrosive substances8 - packing group I or II Permitted Prohibited Prohibited Prohibited - liquids packing Permitted Permitted Permitted Prohibited group III Permitted Permitted Permitted Permitted - solids packing group III Miscellaneous dan- 9 Permitted Permitted Permitted Permitted gerous substances 52  - 53 - and articles 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 con- tainers, 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 provi- sions 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: deleted 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 re- quirements of the IMDG Code may be applied instead. (2) A Letter of Compliance issued in accordance with previous versions of this MoU for ships constructed before 31 December 2002 is considered to be equivalent to an authorization in accordance with paragraph 7.5.2.6 of the IMDG Code. Section 13 Segregation of CTUs By derogation from chapter 7.2 and 7.5 of the IMDG Code for classes 2 to 9 in LWHA traffic, no segregation is required between CTUs if segregation categories “away from” or “separated from” are applicable in accordance with the provisions of the IMDG Code. 53  - 54 - Section 14 Packing of CTUs By derogation from chapter 7.3 of the IMDG Code, for LWHA traffic packages may be loaded together in the same CTU if segregation categories “away from” or “sepa- rated from” are applicable in accordance with the provisions of the IMDG Code. Sub- stances and articles of class 1 or bearing a label of class 1 as subsidiary risk may be loaded together in the same CTU in accordance with section 7.5.2 of ADR/RID. Section 15 Contact information for the main designated national competent authorities 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 Technical Section Lume 9 EE-10416 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 54  - 55 - 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 Maritime Economy and Inland Navigation ul. Nowy Świat 6/12 PL-00-400 WARSAW E-mail: [email protected] Sweden Swedish Transport Agency SE-601 73 NORRKÖPING E-mail: [email protected] Section 16 Transitional provisions (1) Ships constructed before 1 September 1984 already provided with a letter of compliance in accordance with the Würzburg version of the MoU may continue to stow dangerous goods in accordance with the letter of compliance (2) 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 in accordance with an approval of the competent authority having granted such a stowage until 31 De- cember 2002 in this deck. In this case section 13 of this MoU may not be applied on that deck. 55 - 56 - 56  - 57 - Appendix 1 of Annex 1 of the MoU 57  - 58 - Annex 2 Principles for amending the Memorandum General 1) The MoU may be amended at a conference or through a written procedure. 2) Conferences or written procedures should be so scheduled that amendments to the international transport regulations (ADR, RID and the IMDG Code) can be taken into account. 3) A conference or a written procedure should be hosted by one of the Member States. 4) Each Member State or observer state/organisation may propose amendments to the MoU. The Member States should agree on the amendments by consensus. 5) The revised MoU, including the agreed amendments, should be reproduced and circulated by the hosting Member State when new amendments have been adopted. The amended parts of the text should be indicated in the margin. 6) The revised MoU including the new amendments shall come into force six months after the new text is available or as otherwise decided. 7) Distribution and communication in general should be performed by electronic means. Conference 8) Proposals should be sent to the Member State hosting the next conference at least 3 months be- fore the conference takes place. The hosting Member State should distribute the proposals to all Member States and observer states/organizations at least 1 month before the conference. All Member States and observer states/organizations shall have the opportunity to respond to the documents presented within a period of 2 weeks after the distribution. Preferably, this distribution should be done by e-mail. 9) Working groups for special issues may be arranged in the time between the conferences. The re- ports or proposals from such working groups should be presented at the conference in the same way 58  - 59 - as other proposals. Working groups may also take place during a conference, and this should, if pos- sible, be notified in advance. Written procedure 10) A written procedure can be used as an alternative to a conference providing this is proposed by the Member State designated to host the next conference. In such case the designated Member State will host the written procedure. 11) A written procedure can also be initiated if at least 3 Member States request it. In such case the designated Member State hosting the latest conference should host the written procedure. 12) The Member State hosting the written procedure shall distribute proposals and/or proposed amendments to the competent authorities in the Member States and announce the schedule for writ- ten comments. All Member States should respond to the documents presented within a period of 6 weeks. If the initial proposal is amended on the basis of comments of the Member States, the revised proposal should be distributed again to the competent authorities in the Member States. From the time when the revised proposal is distributed the Member States shall declare within 4 weeks whether they agree to the amended text of the MoU. 13) The amendments are adopted if supported by all Member States. The Member State hosting the written procedure shall notify the adoption of the amendments and reproduce and circulate the re- vised MoU in accordance with section 5. 14) In such case all Member States shall sign and return to the host State a hard copy of the agreed amendment. The signed hard copies shall be kept by the host of the written procedure for at least five years or until it may be recognised by a conference, whatever may come first. 59  - 60 - Annex 3 Part 1 to 5: (1) Guideline (2) Competent authorities (3) Checklist for (MoU dangerous goods) transport (4) Checklist for deficiency (MoU dangerous goods) transport (5) Report of competent authorities Part 1 of Annex 3 Guideline for joint checks for the transport of dangerous goods in ro-ro ships in the Baltic Sea Section 1 (1) The competent authorities in charge of checks in ports should arrange for a representative proportion of checks to be conducted on consignments using a checklist. (2) The number and results of checks shall be presented at the MoU meetings and circulated to the competent authorities concerned. Section 2 The checks shall be carried out in accordance with the following guidelines 1. Purpose To ensure safe international transport of dangerous goods in connection with ro-ro transport, and to coordinate joint checks carried out in ports within the area covered by the MoU. 60  - 61 - 2. Application/Scope 2.1 This guideline is applicable to the participating countries’ competent authori- ties (listed in Part (1) performing joint checks on transport of dangerous goods. 2.2 Joint checks on dangerous goods should be performed in accordance with the checklist for road transport (Part 2) under the provisions of Directive 95/50/EC as amended by Directive 2008/54/EC or with the checklist for transport of dangerous goods in ro-ro ships in the Baltic (Part 3). 3. Definitions for the purpose of this guideline 3.1 Joint checks are checks, which are agreed upon by the Member States with connecting ship routes. Joint checks concern export traffic only. 3.2 Competent authority: any national authority related to check of dangerous goods. 4. Procedures of joint checks 4.1 Four joint checks annually should be performed in each country. 4.2 Competent authorities should exchange plans for joint checks annually on December 1st at the latest. Plans should be submitted between competent au- thorities with connecting ship routes and the authorities should agree to a mu- tual timetable for joint checks for one year at a time. 4.3 The execution of the joint checks should be coordinated between the compe- tent authorities with connecting ship routes. 4.4 Joint checks should, in general, be unannounced. 4.5 Joint checks should be performed on basis of checklists for road transport and/or sea transport. (Part 2/3) 4.6. Coordination should ensure that the same transport unit is only checked by one competent authority on any joint check. 4.7 Competent authorities within the MoU can participate in joint checks as ob- servers in any check performed by competent authorities in other countries. 61  - 62 - 4.8 At the end of each joint check, the competent authority submits a report con- taining information as stipulated in Part 4, which is in accordance with the MSC.1/Circ. 1442 as amended by MSC.1/Circ. 1521, to the responsible ad- ministration appointed by MoU conference. 4.9 The responsible administration submits an annual report of the joint checks to the MoU conference and IMO, on behalf of the Member States. 4.10 The report should be evaluated at the MoU conference and action should be taken as appropriate. 5. Others 5.1 If this guideline is not followed, a safe international transport of dangerous goods shouldbe ensured on equivalent base. The competent authorities in- form the responsible administration (4.8) about their activities. 5.2 Joint checks should be performed in accordance with the requirements of Chapter XI-2 of SOLAS in conjunction with the International Ship and Port Fa- cility Security (ISPS) Code. Part 2 of Annex 3 COMPETENT AUTHORITIES Denmark Inspection of transports of dangerous goods on board Regulations pertaining to carriage of dangerous Danish ships and on board all ships in Danish ports. goods in packaged form by sea. Danish Maritime Authority Danish Maritime Authority Centre for Ships Maritime Regulation and Manning Carl Jacobsens Vej 31 Carl Jacobsens Vej 31 DK-2500 Valby DK-2500 Valby 62  - 63 - Tel.: +45 7219 6000 Tel.: +45 7219 6000 Tel.: +45 7219 6000 (Outside of office hours) Fax: +45 7219 6001 Fax: +45 7219 6001 E-mail: [email protected] E-mail: [email protected] Steen Nielsen, tel. +45 7219 6376 Jette Lisbeth Bloch Arrias, tel.: +45 7219 6361 E-mail: [email protected] E-Mail: [email protected] Dangerous Goods by Rail (RID) Dangerous Goods by Road (ADR) Legislation and co-ordination: Land based controls and legal proceedings: Danish Transport Authority National Commission of the Danish Police Edvard Thomsens Vej 14 Traffic Police DK-2300 København S Ellebjergvej 52,2 Tel.: +45 7221 8800 DK-2450 Copenhagen SV Fax.: +45 7221 8888 Tel.: +45 33 910 910 E-mail: [email protected] Fax: +45 3343 0159 E-mail: [email protected] Steen Riis Thomsen, tel.: +45 4178 0299 E-mail: [email protected] Bent Blaabjerg, tel. +45 2564 3688 E-mail: [email protected] Freddy Agerskov, tlf. +45 2555 1120 E-mail: [email protected] Estonia Estonian Maritime Administration Ship Supervision Department Technical Section Lume 9 EE-10416 Tallinn ESTONIA Tel.: +372 620 5700 E-mail: [email protected] 63  - 64 - Finland Regulations pertaining to carriage of dangerous goods in packaged form by sea. Finnish Transport Safety Agency Vessels Department Marine Environment and Security Unit Special Adviser Mina Grönlund P.O. Box 320 FI-00101 Helsinki Tel: +358 29 534 5267 E-mail: [email protected] Inspection of transports of dangerous goods Finnish Transport Safety Agency Finnish Transport Safety Agency Vessels Department Vessels Department Eastern Inspection Unit Eastern Inspection Unit Senior Inspector Dan Stenbäck Inspector Tuomas Kokoi P.O. Box 320 P.O. Box 320 FI-00101 Helsinki FI-00101 Helsinki Tel. +358 29 534 6462 Tel. +358 29 5346 492 E-mail: [email protected] E-mail: [email protected] Finnish Transport Safety Agency Finnish Transport Safety Agency Vessels Department Vessels Department Eastern Inspection Unit Eastern Inspection Unit Senior Inspector Juha Suomalainen Senior Inspector Ilpo Ruokonen P.O. Box 36 P.O. Box 36 FI-48101 Kotka FI-48101 Kotka Tel. +358 29 534 6634 Tel. +358 29 534 6632 E-mail: [email protected] E-mail: [email protected] Finnish Transport Safety Agency Finnish Transport Safety Agency Vessels Department Vessels Department Western Inspection Unit Western Inspection Unit 64  - 65 - Senior Inspector Carl-Henrik Lauren Senior Inspector Aki Tuominen P.O. Box 209 P.O. Box 209 FI-20101 Turku FI-20101 Turku Tel.: +358 29 534 6603 Tel: +358 29 534 6608 E-mail: [email protected] E-mail: [email protected] Finnish Transport Safety Agency Finnish Transport Safety Agency Vessels Department Vessels Department Western Inspection Unit Western Inspection Unit Senior Inspector Tomas Lindström Senior Inspector Jarmo Kokko P.O. Box 31 P.O. Box 58 FI-65101 Vaasa FI-90101 Oulu Tel: +358 29 534 6674 Tel: +358 29 534 6681 E-mail [email protected] E-mail [email protected] Germany Mecklenburg-Pommerania Ministerium für Inneres und Sport Mecklenburg-Vorpommern Referat Einsatz/Lagezentrum Alexandrinenstraße 1 19055 Schwerin Tel: +49 385/588 2471 Fax: +49 385/588 2480 E-mail: [email protected] Ministerium für Energie, Infrastruktur und Landesentwicklung Mecklenburg-Vorpommern Abteilung 2 - Verkehr Referat 210 Schloßstraße 6 - 8 19053 Schwerin Tel.: +49 385/588 8212 E-mail: [email protected] Landeswasserschutzpolizeiamt Mecklenburg-Vorpommern Gefährliche Güter/Umweltschutz 65  - 66 - Herr Detlef Kießlich Hohen Tannen 10 18196 Waldeck Tel.: +49 38208/887 3103 Fax: +49 38208/887 3116 E-mail: [email protected] Hansestadt Rostock Stadt Sassnitz/Rügen Der Oberbürgermeister Der Bürgermeister Hafen- und Seemannsamt Rostock Hafenamt Ost-West-Straße 8 Hauptstraße 33 18147 Rostock 18546 Sassnitz Tel.: +49 381/381 8700 Tel.: +49 38392/55312 Fax: +49 381/381 8735 Fax: +49 38392/55312 E-mail: [email protected] E-mail: [email protected] Germany Schleswig-Holstein Innenministerium Ministerium für Wirtschaft, Arbeit, Verkehr und des Landes Schleswig-Holstein Technologie des Landes Schleswig-Holstein Herr Ralf Kock Herr Holger Kotte IV 426 VII 4310 Düsternbrooker Weg 92 Düsternbrooker Weg 94 24105 Kiel 24105 Kiel Tel.: +49 431/988 3169 Tel.: +49 431/988 4740 Fax: +49 431/988 614 3169 Fax: +49 431/988 4700 E-mail: [email protected] E-mail: [email protected] Polizeiliche Grundsatzangelegenheiten Grundsatzangelegenheiten, Einzelfragen Landespolizeiamt Schleswig-Holstein Abteilung 4 - Wasserschutzpolizei SG 412 Mühlenweg 166 / Haus 10 24116 Kiel Tel.: +49 431/160 64120 Fax: +49 431/160 64119 E-mail: [email protected] Wasserschutzpolizeirevier Kiel Hafen- und Seemannsamt der Landeshauptstadt Kiel Hafensicherheitsdienst Hafenkapitän Michael Schmidt 66  - 67 - Düsternbrooker Weg 82 Bollhörnkai 1 24105 Kiel 24103 Kiel Tel.: +49 431/160 1640/1610 Tel.: +49 431/901 1073 Fax: +49 431/160 1609 Fax: +49 431/94477 Außenstelle Ostuferhafen Ostuferhafen 15 24149 Kiel Tel.: + 49 431/205261 Fax: +49 431/26127 E-mail: [email protected] Wasserschutzpolizeistation Puttgarden Fährhafen 23769 Puttgarden Tel.: +49 4371/864 1810 Fax: +49 4347/864 1819 Wasserschutzpolizeirevier Lübeck- Lübeck Port Authority Travemünde Abt. 1.691.4 Hafen- und Seemannsamt Hafensicherheitsdienst/Zentrale Gefahrgut- Schüsselbuden 16 Auskunftsstelle 23552 Lübeck Zum Hafenplatz 1 Tel.: +49 451/122 5918 23570 Lübeck-Travemünde Fax: +49 451/122 5924 Tel.: +49 4502/880880 E-mail: [email protected] Fax: +49 4502/8808819 E-mail: [email protected] Latvia Maritime Administration of Latvia Maritime Safety Department Dangerous Cargo and Bulk Cargo Inspectorate 5 Triijadibas str. LV 1048, Riga Tel.: +371 67062101 Fax: +371 67860082 E-mail: [email protected] 67  - 68 - Lithuania Lithuanian Maritime Safety Administration Maritime Safety Division J. Janonio str. 24 LT-92251 Klaipeda, Tel.: + 370 469 602 Fax: + 370 469 600 E-mail: [email protected] Poland Ministry of Maritime Economy and Inland Navigation ul. Nowy Świat 6/12 PL-00-400 WARSAW E-mail: [email protected] Marta Grabowska Head of Shipping Safety and Port Security Unit Maritime Economy Department Ministry of Maritime Economy and Inland Navigation ph.: +48 22 583 85 76 fax: +48 22 583 85 88 e-mail: [email protected] Maritime Office in Gdynia ul. Chrzanowskiego 10 PL-81-338 GDYNIA Tel.: +48 58 355 33 33 Fax +48 58 621 72 31 E-Mail: [email protected] Maritime Office in Słupsk al. Sienkiewicza 18 PL-76-200 SŁUPSK Tel.: +48 59 847 42 56 Fax +48 59 847 42 55 E-Mail: [email protected] 68  - 69 - Maritime Office in Szczecin ul. Batorego 4 PL-70-207 SZCZECIN Tel.: +48 91 34 49 55 E-Mail: [email protected] Sweden Swedish Transport Agency Swedish Coast Guard, HQ Pekka Piirainen Jimmy Leijonfalk SE-601 73 Norrköping Box 536 SWEDEN SE- 37123 KARLSKRONA Tel.: +46 10 495 3345 SWEDEN Fax: +46 11 23 99 34 Tel.: +46 45 5353400 E-mail: [email protected] Mobil: +46 70 690 60 33 E-mail: [email protected] 69  Part 3 of Annex 3 CHECKLIST FOR INSPECTIONS IN ACCORDANCE WITH THE MOU 2. Date 3. Time Place of check 1.1 Terminal 1.3 Company/system 1 1.2 Harbour 1.4 Theme 4.1 Nationality 4.2 Reg. number trailer/semi- 5.1 5.2 Reg. number. 1.5 Road Vehi- 4 5 trailer/ Nationality cle container Carrier/address 6 Driver Driver’s assistant 7 Address Address Consignor Place of loading 8¹ Address consignee Place of discharge 9¹ Address 10 Total quantity of dangerous good per transport unit kg 11 ADR 1.1.3.6 quantity limit exceeded 11.1 yes 11.2 no Calculated value LQ EQ Transport with 12.1 Tank 12.2 Bulk 12.3 Package 12.2 Other 12 Transport in 12.9 ADR 12.10 national road 12.11 IMDG Code 12.12 ICAO-TI accordance 12.13 RID 12.14 national rail 12.15 MoU 12.16 Other Risk- *A) Checked B) Not in acc. with the rules C) NA *A) *B) *C) Note category 13 13.1 DGD (5.4) 13.2 Stowage plan 13.3 CPC (5.4.2) Documents on booard 14 Instructions in writing (ADR 5.4.3 & ADR 8.1.2.1(b)) 15 Bilateral Multilateral Nat.Auth 16 Cert. of app. for vehicle 16.1 vehicle 16.2 ship 17.1 Driver’s training certificate (ADR 8.2.1, 8.2.2) 17 17.2 Other dangerous goods training (1.3, ADR 8.2.3) 18 Cargo authorized for transport 19 19.1 vehicle/CTU 19.2 ship permitted for the cargo Transport operation 20 Provisions related to the mode of transport (bulk, package, tank) 21 Mixed load prohibition 22.1 Handling ² 22 22.2 Loading/stowage² 22.3 Cargo securing² 23 23.1 Leakage² ...  - 71 - 23.2 Damage to package/vehicle² 24 Approval markings packaging/tank/container 25.1 Package marking (5.2.1) 25 25.2 Package labelling (5.2.2) 26 Tank/vehicle placarding (5.3.1) 27 Marking of cargo transport units (5.3.2-5.3.6 , ADR/RID 5.5) 28.1 Wheel chock General purpose safety 28.2 Warning equipment 28 equipment 28.3 Warning vest/protective gloves/ Equipment on board (ADR 8.1.5 a)) eye protection 28.4 Handlamp(s) 29 Additional equipment (ADR 8.1.5.3) Eye rinsing liquid (ADR 8.1.5.2) 30 31.1 Type A (ADR 8.1.4.1(4)) 31 Fire extinguisher 31.2 Type B (ADR 8.1.4.1(5)) 40 Remarks 39 The most serious risk category of established infringements cat. I cat. II cat. III Authority/officer having carried out the inspection (sign) Clarification of signature 41 ¹ To be filled only if relevant for an infringement ² Check of visible violation 71  Annec1 Part 4 of Annex 3 CHECKLIST DEFICIENCY IN ACCORDANCE WITH THE MoU 2. Date 3. Time Pos. UN-nr. Goods description Class PG Amount Declaration LQ nr. A B C D E Goods F G H I J K L Nr. Goods Remarks Note Pos. Deficiency ... - 73 - 73  - 74 - Part 5 of Annex 3 Report of the joint controls 201X Date: Submitted: Country of origin of CTU’s Den- Es- Fin- Ger- Lat- Lithu- Po- Swe- Un- Total Other mark tonia land many via ania land den known 1 Number of CTUs examined (with DG) 2 Number of CTUs with deficiencies total 3 in particular (Position in checklist) 3.1 Placarding and mark- ing (Pos. 26 and 27) 3.2 Labeling (of packag- es) (Pos. 25) 3.3 Documentation (Pos. 13) 3.4 Packaging (inappro- priate or damaged) (Pos. 23) 3.5 Portable tank or road tank vehicles (Pos. 20 and 24) 3.6 Stowage/securing inside CTUs (Pos 22) 3.7 Segregation of car- go (Pos. 21) 3.9 Container Safety Convention (CSC) 74  - 75 - Safety Approval Plate (Pos. 40) 3.9 Tie down attach- ments of road vehi- cle (Pos. 40) 3.10 Other ______________________ 75 MEMORANDUM OF UNDERSTANDING Germany 02 (DEU 02) on the TRANSPORT OF PACKAGED DANGEROUS GOODS ON RO-RO SHIPS IN THE BALTIC SEA Page 1 37th session from 4 April to 6 April 2017, Lübeck, Germany 26 January 2017 MEMORANDUM OF UNDERSTANDING FOR THE TRANSPORT OF PACKAGED DANGEROUS GOODS ON RO-RO SHIPS IN THE BALTIC SEA Checks in accordance with the MoU Submitted by Germany Executive summary: It is proposed to delete the references to checks in the published text of the MoU. Activities related to checks and the exchange of the re- sults of checks should be organized by the competent authorities in charge of checks themselves. Action to be taken: Paragraph 7 and 8 Related documents: Report of the 36th session from 31 May to 2 June; DEU 01 Background 1. Section 9(6) of the MoU stipulates that the competent authorities as listed in Section 2 should arrange for a representative portion of checks to be conducted on consignments. A clause on checks was first included in the Riga version of the MoU, which entered into force on 1 January 2003. With the Stettin version, which entered into force on 1 January 2006, guidelines for joint checks were incorporated into Appendix 2 of Annex 1 of the MoU. This also includes a list of the competent authorities in charge of checks of the individual MoU states, a checklist for (MoU) dangerous goods transport operations, a checklist for deficien- cies in MoU dangerous goods transport operations and a report form for checks performed. Appendix 2 of Annex 1 was kept and updated in the subsequent versions of the MoU. 2. A coordinator was designated for consolidating the reports on the checks; this task was first undertaken by a person from Germany, later by a person from Sweden; at the last con- ference in 2016, again a coordinator from Germany was designated. At this conference, how- ever, it was also noted that in the previous years only results of checks from Sweden and Germany were submitted. For 2016, the coordinator only received information from Germa- ny and Poland. 3. Within the context of the discussion on the editorial review of the MoU, the legal status of the MoU was also discussed. On the one hand, in Annex 1, the MoU contains deviations from the regulations of the IMDG Code. It is an exemption in accordance with 7.9.1 of the IMDG Code that was accepted by the competent authorities in accordance with 7.9.1.1 of the IMDG Code (port State of departure, port State of arrival and flag State) and also notified to IMO in accordance with 7.9.1.2 of the IMDG Code. This creates a legally binding adminis- trative act (general order) that, due to its external effect, also creates rights and obligations for the parties involved in the transport operation. On the other hand, the parts of the text con- cerning checks constitute a declaration of intent. For such declarations of intent, the form of a Memorandum of Understanding is generally an appropriate legal instrument. A Memoran- dum of Understanding is usually considered to be a policy tool that is not aimed at laying down legally binding regulations. 4. Within the framework of the working group on the editorial review of the MoU (4 to 6 October 2016), the legal classification of the MoU was discussed again. Here, the resulting consequences for the wording were discussed, in particular, whether the term “Member States” should continue to be used in Appendix 2 of Annex 1 and in Annex 2 of the MoU. In this context, it was noted again that the competent authorities mentioned in Section 2(6) of the MoU are usually not responsible for performing checks themselves. Proposal 5 It is proposed to delete the references to checks in the published text of the MoU. Ac- tivities related to checks and the exchange of the results of checks should be organized by the competent authorities in charge of checks themselves. Thus, the text of the MoU would only contain the exemption in accordance with 7.9.1 of the IMDG Code as well as the procedure for updating the exemptions by the competent authorities, for which the authorities men- tioned in Section 2(6) of the MoU are directly responsible. 6. This does not mean that no checks should be performed in the MoU states in the future; the states are already called upon to do so in MSC.1/Circ.1442, as amended by MSC.1/Circ.1521. Action to be taken 7. The above refers to the applicable text of the MoU. Should the proposal be accepted, this would result in the following modifications to the draft developed within the framework of the MoU working group in October 2016 (see DEU 01): Paragraph 4 on the cover sheet is deleted. Annex 3 is deleted. 8. The guidelines for joint checks including the updated list of the competent authorities in charge of checks should be attached as an Annex to the report and this Annex should be pro- vided by the participants to the relevant authorities in charge of checks. From: Prinz, Silvia <[email protected]> Sent: 24. veebruar 2017 15:46 To: '[email protected]'; '[email protected]'; '[email protected]'; Eha Urbas; Schwan, Gudula; '[email protected]'; 'Oblicki Dariusz'; 'Lenard, Przemyslaw'; '[email protected]'; '[email protected]'; '[email protected]'; 'Anna- [email protected]'; Alvydas Nikolajus ([email protected]); 'Linas Kasparavicius, Lithuania'; 'Lithuanian Martime Safety Aministration'; 'Maritime Administration of Latvia'; 'Ministry of INfrastructure and Development ul. Chlubinskiego'; 'Osadowska, Julita'; Sulev L�hmus; 'Swedish Transport Agency'; 'Swedish Transport Agency, Pekka Piirainen'; 'Danish Maritime Authority'; VA_mot; 'Finnish Transport Safety Agency'; 'WOJCIECH DURCZAK'; 'Juris Skrube ([email protected])'; '[email protected]'; '[email protected]'; '[email protected]'; 'Puchacz Cezary ([email protected])' Cc: Ref-G33; Britta Rosenkranz ([email protected]); '[email protected]'; 'Reinhard Schwede ([email protected])'; Kraft, Uwe; [email protected] Subject: Proposals for the 37th MoU Conference from 4 april to 6 april 2017 in L�beck Attachments: MoU_PL 01 acceptance by flag Administration.docx; MoU_FIN 01 New Name Agreement FINAL.doc; MoU_FIN 02 Training FINAL.doc; MoU_FIN 03 documentation FINAL.doc; MoU_FIN 04 Editorial FINAL.doc; MoU_Proposal_DEU_01.doc; MoU_Proposal_DEU_02_ENG.doc Dear all, the date for the 37th MoU conference is approaching. I would like to thank Poland and Finland for having submitted their proposals. Please find attached the following proposals: * PL 01 acceptance by flag Administration * FIN 01 New Name Agreement FINAL * FIN 02 Training FINAL * FIN 03 documentation FINAL * FIN 04 Editorial FINAL * Proposal_DEU_01 * Proposal_DEU_02_ENG Kind regards / Mit freundlichen Gr��en For G 33 Silvia Prinz ____________________________________________________ Bundesministerium f�r Verkehr und digitale Infrastruktur Referat G 33 � Bef�rderung gef�hrlicher G�ter Postfach 20 01 00 D-53170 Bonn Federal Ministry of Transport and Digital Infrastructure Division G 33 � Transport of Dangerous Goods P.O. Box 20 01 00 D-53170 Bonn Tel.: +49 (0)228 / 99 300 - 2656 Fax: +49 (0)228 / 99 300 807 - 2656 mailto:[email protected] Saatja: Prinz, Silvia <[email protected]> Saaja: '[email protected]', '[email protected]', '[email protected]', Eha Urbas, Schwan, Gudula, '[email protected]', 'Oblicki Dariusz', 'Lenard, Przemyslaw', '[email protected]', '[email protected]', '[email protected]', '[email protected]', Alvydas Nikolajus ([email protected]), 'Linas Kasparavicius, Lithuania', 'Lithuanian Martime Safety Aministration', 'Maritime Administration of Latvia', 'Ministry of INfrastructure and Development ul. Chlubinskiego', 'Osadowska, Julita', Sulev Lõhmus, 'Swedish Transport Agency', 'Swedish Transport Agency, Pekka Piirainen', 'Danish Maritime Authority', VA_mot, 'Finnish Transport Safety Agency', 'WOJCIECH DURCZAK', 'Juris Skrube ([email protected])', '[email protected]', '[email protected]', '[email protected]', 'Puchacz Cezary ([email protected])', Ref-G33, Britta Rosenkranz ([email protected]), '[email protected]', 'Reinhard Schwede ([email protected])', Kraft, Uwe, [email protected] Teema: Proposals for the 37th MoU Conference from 4 april to 6 april 2017 in Lübeck Dear all, the date for the 37th MoU conference is approaching. I would like to thank Poland and Finland for having submitted their proposals. Please find attached the following proposals: * PL 01 acceptance by flag Administration * FIN 01 New Name Agreement FINAL * FIN 02 Training FINAL * FIN 03 documentation FINAL * FIN 04 Editorial FINAL * Proposal_DEU_01 * Proposal_DEU_02_ENG Kind regards / Mit freundlichen Grüßen For G 33 Silvia Prinz ____________________________________________________ Bundesministerium für Verkehr und digitale Infrastruktur Referat G 33 – Beförderung gefährlicher Güter Postfach 20 01 00 D-53170 Bonn Federal Ministry of Transport and Digital Infrastructure Division G 33 – Transport of Dangerous Goods P.O. Box 20 01 00 D-53170 Bonn Tel.: +49 (0)228 / 99 300 - 2656 Fax: +49 (0)228 / 99 300 807 - 2656 mailto:[email protected] <mailto:[email protected]> MEMORANDUM OF UNDERSTANDING Finland on the TRANSPORT OF PACKAGED DANGEROUS GOODS ON RO-RO SHIPS IN THE BALTIC SEA Page 1 37th session from 4 April to 6 April 2017, Lübeck, Germany 2017-01-23 MEMORANDUM OF UNDERSTANDING FOR THE TRANSPORT OF PACKAGED DANGEROUS GOODS ON RO-RO SHIPS IN THE BALTIC SEA Training Submitted by Finland Executive summary: At the last meeting in May 2016 in Bonn, Finland proposed to delete section 4 (Training) of the revised MoU. Finland is of the opinion that there is no need for this requirement in the MoU because the ADR/RID and the IMDG Code contain all relevant mandatory requirements for training. References to the appropriate part of the IMDG Code should be included and, in general, make the MoU more user-friendly and clear. In this way, every person trained according to the ADR/RID and the IMDG Code is also able to use the MoU. Action to be taken: Paragraph 5. Related documents: Proposal FIN 03_editorial (Bonn, May 2016) Background 1. The successful application of regulations concerning the transport of dan- gerous goods and the achievement of their objectives are greatly dependent on the appreciation by all persons concerned of the risks involved and on ...  -2- detailed understanding of the regulations. This can only be achieved by properly planned and maintained initial and retraining programmes for all persons concerned with the transport of dangerous goods. 2. According to the ADR, one subject to be covered by the basic training course of drivers is “information on multimodal transport operations”. In general, according to the ADR/RID, persons whose duties concern the car- riage of dangerous goods shall be trained in the requirements governing the carriage of such goods commensurate with their responsibilities and duties. 3. According to the IMDG Code, shore-based personnel engaged in the transport of dangerous goods intended to be transported by sea shall be trained in the contents of dangerous goods provisions commensurate with their responsibilities. For the training of officers and ratings responsible for cargo handling on ships carrying dangerous in packaged form, the STCW Code applies. 4. At the last meeting in May 2016 in Bonn Finland proposed to delete section 4(1) (Training) of the revised MoU. Finland is of the opinion that there is no need for this requirement in the MoU because the ADR/RID and the IMDG Code contain all relevant mandatory requirements for training. Ref- erences to the appropriate part of the IMDG Code should be included and, in general, make the MoU more user-friendly and clear. In this way, every person trained according to the ADR/RID and the IMDG Code is able to use the MoU. Proposal 5. Finland proposes to delete section 4 of the revised MoU. There is no need for this requirement in the MoU because the ADR/RID and the IMDG Code contain all relevant mandatory requirements for training. Action to be taken 6. The Member States are invited to consider the proposal and take action as appropriate.