AMENDMENTS TO THE IMDG CODE AND SUPPLEMENTS. Report of the Editorial and Technical Group. Note by the Secretariat SUMMARY

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1 E SUB-COMMITTEE ON CARRIAGE OF CARGOES AND CONTAINERS 1st session Agenda item 6 CCC 1/6 28 March 2014 Original: ENGLISH AMENDMENTS TO THE IMDG CODE AND SUPPLEMENTS Report of the Editorial and Technical Group Note by the Secretariat SUMMARY Executive summary: This document contains the report of the Editorial and Technical Group at its twentieth session Strategic direction: 5.2 High-level action: Planned output: Action to be taken: Paragraph 6.1 Related documents: DSC 18/13 and IMDG Code (MSC.328(90)) 1 GENERAL INTRODUCTION 1.1 The Editorial and Technical (E&T) Group of the Sub-Committee on Dangerous Goods, Solid Cargoes and Containers (DSC) met from 23 to 27 September 2013 under the chairmanship of Mrs. Gudula Schwan (Germany). 1.2 The group was attended by delegations from the following Member Governments: ARGENTINA AUSTRALIA BELGIUM CHILE CHINA DENMARK FINLAND FRANCE GERMANY JAPAN MARSHALL ISLANDS NETHERLANDS NIGERIA NORWAY PHILIPPINES REPUBLIC OF KOREA SPAIN UNITED KINGDOM UNITED STATES

2 Page The meeting was also attended by observers from the following non-governmental organizations in consultative status: DANGEROUS GOODS ADVISORY COUNCIL (DGAC) INTERNATIONAL VESSEL OPERATORS DANGEROUS GOODS ASSOCIATION, INC. (IVODGA) INTERNATIONAL CARGO HANDLING CO-ORDINATION ASSOCIATION (ICHCA) ADOPTION OF THE AGENDA 1.4 The group adopted the agenda, as set out in document E&T 20/ The list of participants is contained in document E&T 20/J/1. 2 FINALIZATION OF DRAFT NOTE VERBALE (EDITORIAL CORRECTIONS) TO THE IMDG CODE (AMENDMENT 36-12) Editorial corrections 2.1 The group finalized the editorial corrections to the English text of amendment to the IMDG Code (resolution MSC.328(90)), as set out in annex In this context, the group noted that, in the electronic version of the publication of the IMDG Code, all the footnotes references are actually quoted as "Notes". The group pointed out that this might create some legal implications. Therefore, the group agreed to request the Secretariat to take action accordingly. 2.3 The group requested the Secretariat to issue a note verbale containing the editorial corrections to the English text to the IMDG Code before the entry into force of amendment (1 January 2014). 3 FINALIZATION OF DRAFT AMENDMENT TO THE IMDG CODE 3.1 Having recalled the comments and decisions taken at DSC 18 (DSC 18/WP.1, paragraphs 7.1 to 7.25), the group took into account annex 2 to document DSC 18/7/1 (Secretariat) in order to finalize the draft amendment to the IMDG Code. The outcome of main issues and actions taken thereon by the group are contained in paragraphs 3.2 to 3.35 below. HARMONIZATION WITH THE AMENDMENTS TO THE UN RECOMMENDATIONS ON THE TRANSPORT OF DANGEROUS GOODS, EIGHTEENTH REVISED EDITION Report of UNSCETDG 3.2 The group considered document E&T 18/INF.21 (Secretariat), containing the draft corrections to the eighteenth revised edition of the Recommendations on the Transport of Dangerous Goods, Model Regulations and Manual of Tests and Criteria, which were agreed by the UN Sub-Committee of Experts on the Transport of Dangerous Goods (UNSCETDG) at its forty-third session held in Geneva from 24 to 28 June 2013.

3 Page 3 Replacement of the term "Marine Pollutant" or "Marine Pollutant/Environmentally Hazardous" 3.3 The group noted that the discussion on a possible replacement of the term "Marine Pollutant" or "Marine Pollutant/Environmentally Hazardous" was brought to the attention of the UNSCETDG, and that, since the identification as marine pollutant is not required by the UN Model Regulations, the UNSCETDG took no further decisions. Therefore, the group invited interested delegations and non-governmental organizations to submit this issue to the RID/ADR/ADN joint meeting. Draft amendments to packing provisions on water-reactive materials 3.4 Having noted that DSC 18 had agreed to defer the amendments to packing provisions on water-reactive materials to the amendment of the IMDG Code, the group modified the draft amendment accordingly. Additionally, the group prepared a set of draft amendments to packing provisions on water-reactive materials, as set out in annex 2, for consideration by E&T 23 when preparing the draft amendment INCORPORATION OF PROPOSALS AGREED IN PRINCIPLE AT DSC 18 Reorganization of column 16 of the dangerous goods list 3.5 The group considered document DSC 18/7/6 (Secretariat), providing the example of the reorganization of column 16 (DGL), and agreed with the proposed stowage and segregation terms, including the amended wording of the new segregation codes SG40 and SG60. The group discussed the assignment of the definitions contained in annex 3 of document DSC 18/7/6, and agreed to include some of these definitions within the stowage codes list. However, other descriptions do not match entirely with the new differentiation between stowage and segregation. 3.6 In this context, different views were expressed on the meaning of the term "Keep as cool as reasonably practicable". Some delegations were of the opinion that this term refers to stowage only as it appears under the heading "Stowage and Segregation" in the current IMDG Code, while other delegates pointed out that such a term was already contained in individual schedules before the IMDG Code was reformatted and, therefore, applied to packing of cargo transport units, too. 3.7 Since the term "Keep as cool as reasonably practicable" (H2) was defined as a handling code, the group agreed to assign SW1 (Protected from sources of heat) to all entries which have the code H2 assigned. The new reorganization of the column 16 of the dangerous goods list is set out in annex 3. Amendments to chapter 7 related to the safety of containers (CSC Convention and refrigerants) 3.8 The group considered document DSC 18/5/5 (ICS and WSC), proposing modifications of the draft amendment to paragraph of the IMDG Code relating to the checks before replacing a refrigerant gas. The group also considered the following documents:.1 DSC 18/7/7 (Republic of Korea), proposing to amend the provisions concerning conditions for a container packing certificate in subsection of the IMDG Code in order to include texts that require the confirmation of the CSC Safety Approval Plate and the validity of ACEP

4 Page 4 or Periodic Examination Scheme of a container/vehicle to mitigate any risk to safety that may be caused by potential structural deficiencies of a container/vehicle; and.2 DSC 18/WP.3 (Secretariat), providing the report of the working group on Container Safety at DSC 18, in particular annex 3 containing draft amendments to chapter 7 of the IMDG Code related to conditions for a container packing certificate and preventing the use of counterfeit refrigerants. 3.9 The group supported the intention to improve the compliance with the CSC Convention. Having discussed if it would be appropriate to incorporate text of the CSC Convention within the mandatory part of the IMDG Code, the group agreed to incorporate amendments to section of the IMDG Code in order to clarify the responsibilities of the involved parties. It further agreed to reproduce regulations 1 and 2 of annex 1 of the CSC Convention in section of the IMDG Code, as set out in annex The group agreed to include in the draft amendment the proposed amendments concerning refrigerants (document DSC 18/WP.3), as set out in annex 4. Marine pollutants 3.11 The group considered document DSC 18/7/8 (Republic of Korea) addressing the issue of marine pollutant information contained in the dangerous goods list, with regard to the substances that meet the criteria for environmentally hazardous substances according to the GESAMP Hazard Profiles Therefore, having reviewed list of substances presented in document DSC 18/7/8, the group agreed to incorporate the corresponding amendments for various substances in the dangerous goods list and in the alphabetical index of the draft amendment 37-14, as set out in annex 4. Requirements for the transport of small quantities of environmentally hazardous substances 3.13 The group considered document DSC 18/7/9 (United States), proposing to amend a number of provisions in order to align the IMDG Code with provisions adopted within the eighteenth revised edition of the United Nations Model Regulations on the Transport of Dangerous Goods The group agreed to include the proposed modification and a consequential amendment to of the IMDG Code in the draft amendment 37-14, as set out in annex 4. Asbestos under UN 2212 and UN The group considered document DSC 18/INF.8 (the Netherlands), proposing a consequential amendment to the text for UN 2212 in column 17 of the dangerous goods list as a result of revision of the UN Recommendations (18th revised edition), since the UNSCETDG amended the name for the entry for UN 2212 to read "Asbestos, amphibole" and the entry for UN 2590 to read "Asbestos, chrysotile". The group agreed to incorporate amendments to the text of column 17 for UN 2212 in the draft amendment In this context, the group also considered document DSC 18/7/11 (ITF), proposing further amendments to the text of column 17 for asbestos and agreed to draft a new handling

5 Page 5 code, based on the last two sentences of column 17 in the dangerous goods list for UN 2212 and 2950, and to insert it as a mandatory requirement in column 16a, as set out in annex 4. Technical name supplementing the proper shipping MARPOL requirement 3.17 The group considered document DSC 18/7/13 (IPPIC and CEFIC), providing draft amendments to of the IMDG Code in order to solve the problem of the technical name for marine pollutants In this regard, the group agreed to modify the proposed text in order to clarify that the requirement applies to documentation in relation to marine pollutants and agreed to include it in the draft amendment 37-14, as set out in annex 4. CONSIDERATION OF PROPOSALS REFERRED TO E&T 20 BY DSC 18 Transport provisions for UN The group considered document DSC 18/7/3 (Germany), proposing an amendment to the draft text of SP 962 on the transport of flammable liquid powered vehicles and internal combustion engines. In this regard, the group noted the concern raised at DSC 18 (DSC 18/WP.1, paragraph 7.5.4) The group was of the view that the concern raised by IACS was probably caused by a different interpretation of what type of cargo spaces are being considered as a "vehicle space" and noted that the vehicles spaces mentioned in SP 961 mean vehicle spaces which are specially designed for the purpose of transporting vehicles. The group also recalled that if vehicles are stowed in such vehicle spaces complying with SOLAS II-2/20, then the IMDG Code does not apply to the transport of those vehicles. On the other hand, if the conditions of to are complied with, the vehicles can be transported as non-dangerous goods in a cargo space in accordance with the applicable SOLAS requirements. The group further recalled that the fact that a vehicle is shipped as non-dangerous goods in a cargo space does not change its specification as a normal cargo space Furthermore, the group noted that if the conditions of SP 961 are not met, the vehicles have to be transported as Class 9 cargo in cargo spaces that comply with SOLAS II-2/19. The fact that a vehicle is shipped as Class 9 in a cargo space also does not change its specification as a normal cargo space. Therefore, the group was of the opinion that SP 961 and SP 962 do not result in an exemption or are in the need for a statement/certificate of equivalence with SOLAS regulation II-2/20. Finally, the group recommended that IACS should be invited to develop a related unified interpretation to avoid this misinterpretation Regarding the issue of the need for a competent authority approval of fuel quantities above 250 litres, the group noted that this approval would be only required occasionally for some specific cases, and agreed to include the proposed amendment to SP 962 in draft amendment 37-14, as set out in annex 4. Introduction of the function of a safety adviser 3.23 The group considered document DSC 18/7/4 (Germany), proposing the introduction of the function of a safety adviser for the transport of dangerous goods in the IMDG Code in the context of non-declared and misdeclared dangerous goods.

6 Page The group discussed the concept and further possible measures, and concluded that it is not appropriate to include the same regulations in the IMDG Code as those for European land transport, but that an additional development of the existing training provisions in the IMDG Code may help to increase the level of compliance in this regard. Special provisions applicable to certain substances, materials or articles 3.25 The group considered document DSC 18/7/5 (Belgium), proposing a new special provision (SP) on marine pollutants within the IMDG Code, in order to clarify for which entries the proper shipping name for the marine pollutants needs to be supplemented with the chemical name. After an intensive discussion, the group agreed that the proposal has merit but it needs further development of the text to be contained in the special provision and with regard to the list of generic and n.o.s. entries to which the special provision would apply. The group invited interested Member States and international organizations to submit related proposals to CCC 1. Revision of DSC/Circ The group considered document DSC 18/INF.15 (United States), providing a draft revised version of DSC/Circ.12 on Guidance on the continued use of existing IMO type portable tanks and road tank vehicles for the transport of dangerous goods Having noted that the transitional period allowing deviating tank instructions ran out, but that tanks of this type are still in use, which were constructed according to the former construction requirements, the group concluded that a circular on the use of IMO type tanks is still needed. However, taking into account that the purpose of such a circular has changed (no more relaxation from tank instructions), a new circular should be issued considering the following:.1 the text of former versions of the IMDG Code regarding construction of tanks, which are included in the DSC/Circ.12, should remain unchanged;.2 identify only those parts that need to be updated; and.3 the language of the circular should be in line with the terms used in the IMDG Code Therefore, the group invited the delegation of the United States to note the above recommendations, when coordinating the Correspondence Group on Revision of DSC/Circ.12. Amendments to MSC.1/Circ The group considered document DSC 18/7/12 (ICS), recommending amendments to MSC.1/Circ.1442 on inspection programmes for cargo transport units carrying dangerous goods in order to improve the ability of Member States and industry to address the problem of misdeclaration of dangerous goods The group was of the opinion that competent authorities should be encouraged to make use of the ability to report severe infringements to other competent authorities, and agreed to invite ICS to submit a concrete proposal with a draft text to CCC 1. Additionally, the group suggested that it would be very beneficial if information on non-declared or misdeclared dangerous goods could be shared between competent authorities and the shipping industry.

7 Page 7 Amendment to FAL Form The group considered document DSC 18/7/2, containing the outcome of FAL 38 and STW 44, together with document FAL 38/4/1. The group reviewed the proposed amendments to the IMO FAL Form 7 and noted that the new sequence is aligned with the information in the dangerous goods document Regarding the information for the individual columns in the proposed Form 7, the group concurred that column 9 should contain the proper shipping name including a required recognized technical name and the recognized technical name of the marine pollutant, if applicable The group expressed the view that the information regarding consignor and consignee should be deleted. Questions were also raised with regard to the need to include the name and the signature of the master in Form In addition, there is a need to ensure that all information required in and in the IMDG Code is included in this new Form 7. In discussing this matter, the group further noted that a review of of the IMDG Code might be necessary. Therefore, the group agreed to invite interested Member States and international organizations to submit related proposals to CCC 1. Draft amendment to the IMDG Code 3.35 Subsequently, the group finalized the draft amendments (37-14) to the IMDG Code including the editorial corrections to amendment contained in annex 1, as set out in annex 4, and requested the Secretariat to circulate the final draft amendment in accordance with SOLAS article VIII, for consideration and subsequent adoption by MSC PREPARATION OF DRAFT AMENDMENTS TO IMDG CODE SUPPLEMENTS Amendments to the EmS Guide 4.1 The group finalized the draft amendments to the EmS Guide (MSC/Circ.1025), as set out in annex The group requested the Secretariat to prepare and submit the draft MSC Circular on Amendments to the Emergency response procedures for ships carrying dangerous goods (EmS Guide) for consideration and subsequent approval by MSC ANY OTHER BUSINESS Methyl bromide 5.1 The group considered document DSC 17/3/5 (Islamic Republic of Iran), proposing a prohibition of methyl bromide as disinfecting agent in cotton. In this context the group agreed to bring to the attention of the Islamic Republic of Iran that fumigation issues are dealt with, within MSC.1/Circ.1361 and invited them, should it be considered appropriate, to submit a proposal to CCC 1. 6 ACTION REQUESTED OF THE SUB-COMMITTEE 6.1 The Sub-Committee is invited to approve the report in general and, in particular, to:

8 Page 8.1 note that the group prepared the editorial corrections to the English text regarding amendment to the IMDG Code (resolution MSC.328(90)) and requested the Secretariat to issue a note verbale thereon, before the entry into force of amendment and to take action as appropriate regarding the footnote references in the electronic version of the IMDG Code which are quoted as "Notes" (paragraphs 2.1 to 2.3 and annex 1);.2 note the deliberations of the group regarding the replacement of the term "Marine Pollutant" or "Marine Pollutant/Environmentally Hazardous" and that interested delegations and international organizations were invited to submit proposals on this issue to the RID/ADR/ADN joint meeting (paragraph 3.3);.3 note the draft amendments to packing provisions on water-reactive materials prepared by the group and agree to forward these to E&T 23 when preparing the draft amendment to the IMDG Code (paragraph 3.4 and annex 2);.4 regarding the reorganization of column 16 of the dangerous goods list, note the actions taken by the group to finalize the corresponding draft amendment (paragraphs 3.5 to 3.7 and annex 3);.5 relating to the checks before replacing a refrigerant gas, note that the group included amendments concerning refrigerants to paragraph (paragraphs 3.8 to 3.10 and annex 4);.6 note the action taken by the group to amend of the IMDG Code in order to clarify the responsibilities of the involved parties and to reproduce regulations 1 and 2 of annex 1 of the CSC Convention in section of the IMDG Code (paragraphs 3.8 to 3.10 and annex 4);.7 note the actions taken by the group to incorporate amendments for various substances in the dangerous goods list and in the alphabetical index regarding substances that meet the criteria for environmentally hazardous substances according to the GESAMP Hazard Profiles (paragraphs 3.11 and 3.12 and annex 4);.8 note the action taken by the group to include the modification and a consequential amendment to regarding requirements for the transport of small quantities of environmentally hazardous substances and in order to align the IMDG Code with the UN Model Regulations (paragraphs 3.13 and 3.14 and annex 4);.9 note the action taken by the group to include consequential amendments regarding asbestos in the dangerous goods list for UN 2212 and 2950 (paragraphs 3.15 and 3.16 and annex 4);.10 note the modifications prepared by the group to requirements concerning documentation in relation to marine pollutants (paragraphs 3.17 and 3.18 and annex 4);

9 Page 9.11 regarding transport provisions for UN 3166, note the corresponding amendment to SP 962 and agree to invite IACS to develop a related unified interpretation (paragraphs 3.19 to 3.22 and annex 4);.12 regarding the concept of introducing the function of a safety adviser in the IMDG Code in the context of non-declared and misdeclared dangerous goods, note the group's view that an additional development of the existing training provisions in the IMDG Code may help to increase the level of compliance in this regard (paragraphs 3.23 and 3.24);.13 note the views held in the group regarding a new special provision on marine pollutants applicable to certain substances, materials or articles and invited interested Member States and international organizations to submit related proposals to CCC 1 (paragraph 3.25);.14 regarding the revision of DSC/Circ.12, note that the group invited the delegation of the United States to note the group's recommendations for coordinating the correspondence group on revision of DSC/Circ.12 (paragraphs 3.26 to 3.28);.15 note the views and recommendations of the group regarding amendments to MSC.1/Circ.1442 on inspection programmes for cargo transport units carrying dangerous goods and agree to encourage competent authorities to make use of the ability to report severe infringements to other competent authorities (paragraphs 3.29 and 3.30);.16 regarding the revision of FAL Form 7, note the opinion of the group that a review of of the IMDG Code might be necessary and that interested Member States and international organizations were invited to submit related proposals to CCC 1 (paragraphs 3.31 to 3.34);.17 note that the group finalized the draft amendment to the IMDG Code and requested the Secretariat to circulate the final draft amendment of the IMDG Code in accordance with SOLAS article VIII, for consideration and subsequent adoption by MSC 93 (paragraph 3.35 and annex 4);.18 note that the group finalized the draft amendments to the EmS Guide (MSC/Circ.1025) and requested the Secretariat to submit them for consideration and subsequent approval by MSC 93 (paragraphs 4.1 and 4.2 and annex 5);.19 regarding the prohibition of methyl bromide as disinfecting agent in cotton in relation with MSC.1/Circ.1361, note that the Islamic Republic of Iran was invited to submit a proposal, as appropriate, to CCC 1 (paragraph 5.1); and.20 approve the report in general. ***

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11 Annex 1, page 1 ANNEX 1 DRAFT EDITORIAL CORRECTIONS TO THE ENGLISH VERSION OF THE IMDG CODE AMENDMENT ADOPTED BY RESOLUTION MSC.328(90) (Please refer to the following documents: - MSC 90/28/Add.2/Corr.3/Rev.1 (Parts 1 to 7 of the IMDG Code); - MSC 90/28/ Add.3/Corr.2/Rev.1 (Dangerous Goods List); and - MSC 90/28/Add.4/Corr.2 (Index)) ***

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13 Annex 2, page 1 ANNEX 2 DRAFT AMENDMENTS TO PACKING PROVISIONS ON WATER-REACTIVE MATERIALS FOR INCORPORATION IN AMENDMENT TO THE IMDG CODE PART 4 PACKING AND TANK PROVISIONS Chapter 4.1 Use of packagings, including intermediate bulk containers (IBCs) and large packagings List of packing instructions Packing instructions concernging the use of packagings (except IBCs and large packagings) Add "PP31" to the following UN Nos.: 1396 (PG II), 1402 (PG II), 1409 (PG II), 1418 (PG II and III), 1436 (all PGs), 3131 (PG II and III), 3132 (PG II and III), 3134 (PG II and III), 3135 (PG II and III), 3395 (PG II and III), 3396 (PG II and III) and 3397 (PG II and III). Special packing provision PP31 should be amended accordingly. Add "PP31" and "PP40" to the following UN Nos.: 1395, 1396 (PG III), 1398 and Special packing provisions PP31 and PP40 should be amended accordingly. Add a new special packing provision "PP100" to UN Nos. 1309, 1323, 1333, 1376, 1408, 1435, 1449, 1457, 1472, 1476, 1483, 1509, 1516, 1567, 1869, 2210, 2793, 2858, 2878, 2950, 2968, 3089, 3096, 3125 to read as follows: "For UN Nos.1309, 1323, 1333, 1376, 1408, 1435, 1449, 1457, 1472, 1476, 1483, 1509, 1516, 1567, 1869, 2210, 2793, 2858, 2878, 2950, 2968, 3089, 3096 and 3125, flexible, fibreboard or wooden packagings shall be sift-proof and water-resistant or shall be fitted with a sift-proof and water-resistant liner.".

14 Annex 2, page 2 Dangeous good list Replace special IBC provision "B3" with "B4" in column 11 of the Dangerous Goods List for the following PG III entries: UN 1309, 1376, 1483, 1869, 1932, 2008, 2545, 2546, 2793, 2878, 2881 and Add special IBC provision "B4" in Column 11 of the Dangerous Goods List for the following PG II entries: UN 1390, 1393, 1394, 1396, 1400, 1401, 1402, 1405, 1417, 2624, 2813, 2830, 3078, 3170, and Packing instructions concerning the use of large packagings Add a new special large-packing provision "L3" to PG III entries of UN Nos.1309, 1376, 1483, 1869, 2793, and 2878, to read as follows: "For UN Nos.1309, 1376, 1483, 1869, 2793, 2858 and 2878, flexible or fibre inner packagings shall be sift-proof and water-resistant or shall be fitted with a siftproof and water-resistant liner." Add a new special large-packing provision "L4" to PG III entries of UN Nos.1932, 2008, 2009, 2545, 2546, 2881 and 3189, to read as follows: "For UN Nos.1932, 2008, 2009, 2545, 2546, 2881 and 3189 flexible or fibre inner packagings shall be hermetically sealed." ***

15 Annex 3, page 1 ANNEX 3 DRAFT REORGANIZATION OF COLUMN 16 IN THE DANGEROUS GOODS LIST OF THE IMDG CODE (Please refer to document MSC 93/3/Add.1 and Corr.1 and to the Committee's report.) ***

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17 Annex 4, page 1 ANNEX 4 DRAFT AMENDMENT TO THE INTERNATIONAL MARITIME DANGEROUS GOODS (IMDG) CODE (Please refer to document MSC 93/3/Add.1 and Corr.1.) ***

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19 Annex 5, page 1 ANNEX 5 DRAFT AMENDMENTS TO THE EMERGENCY RESPONSE PROCEDURES FOR SHIPS CARRYING DANGEROUS GOODS (EmS GUIDE) (MSC/Circ.1025, as amended by MSC.1/Circ.1025/Add.1, MSC.1/Circ.1262, MSC.1/Circ.1360 and MSC.1/Circ.1438) (Please refer to document MSC 93/9/Add.1.)