ADR 2023: the main new features

Regulations governing the transport of hazardous materials (HM) by road change every odd-numbered year, with the adoption of a new version of theADR.

The 9 parts of the ADR have been amended, and we'd like to take you through the main new features that can be applied from January^1, 2023, and will become mandatory on July^1, 2023.

New version of ADR

Signatory countries

ADR is now applicable to 54 countries, including all continental European states: 2 new signatory countries compared with ADR 2021 (Armenia and Uganda).

Part 1: "General provisions

Exemptions related to quantities carried per transport unit (ADR chapter 1.1.3.6)

Changes have been made to table 1.1.3.6.3.

For example:

1- Reinstatement of UN 3291 "HOSPITAL WASTE, NON SPECIFIED, NSA" in the list of transport category 2 goods.

This is not a substantive change, as UN3291 was previously assigned (prior to ADR 2021) to transport category 2 due to its membership of Packing Group (PG) II MDs.

2- The addition of UN 3536 "LITHIUM BATTERIES INSTALLED IN TRANSPORT UNITS" to the list of goods in transport category 2.

Until now, this UN number has had no defined transport category.

3- Extending safety obligations toall Class 1 high-risk MD transported in packages.

Even if transport is carried out under the exemption regime of 1.1.3.6, the obligations linked to the establishment of a security plan now apply to Class 1 high-risk dangerous goods transported in packages, and no longer specifically to a few listed UN numbers (nevertheless, these may continue to be transported without applying the requirements of Chapter 1.10 until December 31, 2024 - 1.6.1.53 of the ADR).

Applicability of other regulations (ADR chapter 1.1.4)

Creation of new exemptions for the transport of refillable pressure receptacles authorized by the US Department of Transportation (1.1.4.7 & 5.4.1.1.24 of the ADR).

The following are therefore authorized:

Definitions (ADR chapter 1.2)

1- Modification of the definitions "Recycled plastics" & "Service pressure" (1.2.1 of the ADR).

"Recycled plastics": in particular, it is specified that the specific properties of the recycled material used to manufacture new packaging must be guaranteed and regularly documented as part of a quality assurance program recognized by the competent authority.

"Service pressure": clarifications have been provided for codes UN1001 and UN 3374.

2- Addition of the definition of "Very large tank container" (1.2.1 of the ADR).

Creation of subsection 1.2.3 "List of abbreviations" (chapter 1.2.3 of the ADR).

This sub-section groups together the meanings of the abbreviations, acronyms and abbreviated designations used in ADR. Previously, they were listed in subsection 1.2.1 "Definitions".

Transitional measures (chapter 1.6.1.51)

Certain adhesives, paints and paint-related materials, printing inks and resins in solution assigned to UN No. 3082 Environmentally hazardous substance, liquid, N.O.S., packing group III may be transported until June 30, 2025 in packagings made of steel, aluminum, metal other than steel or aluminum, or plastic under certain conditions.

Part 2: Classification

The _LC50s for UN 1008 "BORON TRIFLUORIDE", 1052 "ANHYDROUS HYDROGEN FLUORIDE", 2196 "TUNGSTENE HEXAFLUORIDE" and 2198 "PHOSPHORUS PENTAFLUORIDE" have been revised upwards.

Reminder: _LC50 = lethal concentration

Lithium batteries

Manufacturers and distributors of cells or batteries manufactured after June 30, 2003 must make available the summary of the test report as specified in the Manual of Tests and Criteria. ADR 2023 specifies that this does not apply to button cells mounted in equipment (including printed circuit boards).

Part 3: "Dangerous goods list, special provisions and exemptions for limited and excepted quantities".

Table A (ADR chapter 3)

1- Creation

A 3550 "COBALT DIHYDROXIDE POWDER".

This is a very toxic MD (GE I) - Dangerous for the environment.

It is mainly used for laboratory analysis.

This material was previously classified under UN3288 "TOXIC INORGANIC SOLID, N.O.S.".

2- Deletion

AN 1169 "LIQUID AROMATIC EXTRACTS

MD classified as UN 1169 should be classified as UN 1197 "EXTRACTS, LIQUID, for flavoring".

3- Modification

- UN 1197 "EXTRACTS, LIQUID, for flavoring" (PG II and III)

The official shipping name has changed: the term "for flavoring" has been removed.

- AN 1891 "ETHYL BROMIDE

Change of main hazard class (3 instead of 6.1) and associated transport rules.

- UN 3536 "LITHIUM BATTERIES INSTALLED IN TRANSPORT EQUIPMENT

Addition (in column 15) of a transport category 2. Until now, no transport category was defined for this MD.

- A 3509 "DISCARDED, EMPTY, UNCLEANED PACKAGING

Addition (in column 17) of special provision VC1 authorizing bulk transport in sheeted vehicles, sheeted containers or sheeted bulk containers.

- AN 1872 "LEAD DIOXIDE

Removal of toxicity risk (6.1) and adaptation of transport rules accordingly.

Note: the following UN codes have also been modified: 1002, 1010, 1012, 1038, 1051, 1060, 1081, 1082, 1085, 1086, 1087, 1092, 1093, 1143, 1167, 1185, 1218, 1245, 1247, 1251, 1301, 1302, 1303, 1304, 1345, 1545, 1589, 1614, 1724, 1829, 1860, 1917, 1919, 1921, 1961, 1966, 1972, 1991, 2015, 2055, 2200, 2218, 2227, 2251, 2277, 2283, 2348, 2352, 2396, 2426, 2452, 2521, 2522, 2527, 2531, 2607, 2618, 2838, 2908 to 2911, 3022, 3073, 3079, 3208, 3209, 3269, 3138, 3302, 3312, 3527, 3531, 3532, 3533, 3534 and 3538.

Special provisions (DS) (ADR chapter 3.3)

1- Concerning "FRIGORIFIC MACHINES" covered by UN 2857 & UN 3358.

Note that for transport purposes, heat pumps can be considered as refrigerating machines (DS 119 & DS 291).

2- Concerning "EMPTY UNCLEANED PACKAGING" under UN 3509 and the use of package refrigeration gases (e.g. nitrogen, argon, etc.).

DS 663 and DS 593 have been rewritten for greater clarity.

3- Creation of 3 new special provisions:

DS 396 for MD classified under UN 3538 "OBJECTS CONTAINING FLAMMABLE GAS, NON TOXIC, N.O.S.". Please note that large, sturdy objects can be transported connected to gas cylinders with open valves under certain conditions.

DS 397, which specifies the classification of nitrogen-oxygen mixtures for compressed air (UN1002).

DS 398 for butylene mixtures (UN 1012).

Part 4: "Provisions relating to the use of packagings and tanks".

Packing rules (ADR chapter 4.1 & 4.2)

1- Modification of packing instruction P621 which applies to UN 3291 "DECHET D'HOPITAL NON SPECIFIE, N.S.A".

It is now possible to use non-removable-top packaging.

2- Consideration of fiber-reinforced plastic (FRP) tanks (4.2.5.2.1 & 4.2.5.2.6 of the ADR).

3- Addition of a statement on several instructions: "The net weight of authorized packaging may exceed 400 kg".

Part 5: "Shipping procedure

Marking and labelling (ADR chapter 5.2)

New mark for lithium battery packages prepared in accordance with DS 188 (5.2.1.9 of the ADR).

This modification concerns UN3090 / UN3480 / UN3091 / UN3481.

The telephone number is no longer required.

Note: The old label may continue to be used until December 31, 2026 (1.6.1.49 of the ADR).

Transport document (ADR chapter 5.4)

1- Possibility for waste to indicate an estimated quantity in the transport document (ADR 5.4.1.1.3.2).

In this context, it is now necessary to indicate "ESTIMATED QUANTITY IN ACCORDANCE WITH 5.4.1.1.3.2" after the transport reference.

Nevertheless, the estimated quantity is forbidden:

in the event of recourse to 1.1.3.6 ;
if the waste contains class 2 materials or class 3 liquid desensitized explosives.

2- Rewriting of the special provisions for the carriage of stabilized substances and temperature-controlled substances (5.4.1.1.15 of the ADR).

The following information must now appear on the transport document:

"STABILIZED" when stabilized substances do not include the word "Stabilized" in their proper shipping name,
"STABILIZED WITH TEMPERATURE CONTROL" when substances stabilized by temperature control do not include the word "Stabilized" in their proper shipping name,
"Temperature control: ... °C Critical temperature: ... °C" when the substances include the words "with temperature control" in the proper shipping name.

3- Addition of 5.4.1.1.23 "Special provisions for the transport of substances transported in a molten state".

4- Addition of 5.4.1.1.24 "Special provisions concerning refillable pressure vessels authorized by the US Department of Transportation (chapter 1.1.4)".

Part 6: "Requirements for the construction and testing of packagings, IBCs, large packagings, tanks and bulk containers".

Main changes in requirements for the construction and testing of packagings, IBCs, large packagings, tanks and bulk containers

Creation of subsection 6.2.1.5.4 relating to initial inspections and tests for cylinder frames.
Creation of a new chapter 6.9 on the design and construction of portable tanks with fiber-reinforced plastic (FRP) shells.
Renumbering of former chapter 6.9 to 6.13 concerning the design and construction of fixed and demountable fibre-reinforced plastic tanks.

Part 7: "Provisions concerning conditions of transport, loading, unloading and handling".

Transport (ADR chapter 7.3)

For bulk transport, rewriting of the definition of "major defects" to be taken into account prior to filling a bulk container, container or vehicle (7.3.1.13 of the ADR).

Loading, unloading and handling (ADR chapter 7.5)

Clarification of the obligation to examine the transport unit prior to loading (7.5.1.2 of the ADR).

Part 9: "Requirements for the construction and approval of vehicles".

Tank vehicles (ADR chapter 9.7)

New safety requirements for FL vehicles (ADR 9.7.9).

FL vehicles, registered as from 01/01/2027, carrying GE I and GE II flammable liquids or liquefied or compressed flammable gases (classification code including an F) must have :

Sprinklers for the engine compartment;
Thermal protection to slow the spread of fire from the wheels