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Changes to the TDG decree (July 2024)
The decree of May 29, 2009, as amended, known as the "TDG decree", groups together the rules applicable to the transport of dangerous goods on national territory for the three "land" modes: road, rail and inland waterways.
Two decrees were issued in July 2024 to amend the TDG decree (decree of July 02, 2024 and decree of July 03, 2024), making the following changes in particular :
Decla-Event-TMD event declaration (ADR 1.8.5 and Article 7 of the TDG Order)
In 2024, the Mission Transport de Matières Dangeres (MTMD - responsible within the Direction Générale de la Prévention des Risques for the regulation of the transport of dangerous goods) set up a service for the remote declaration of "events involving dangerous goods": https: //www.datmd.din.developpement-durable.gouv.fr (via "Cerbère" authentication).
CERFA 12252 can still be used until December 31, 2024, but from January1, 2025, electronic declarations will be compulsory.
Reminder: The accidents or serious incidents referred to are those occurring during the loading, filling, transport or unloading of dangerous goods if the consequences exceed certain criteria set out in 1.8.5.3 of the ADR:
- Bodily injury: Death, intensive medical treatment, hospital stay of at least 1 day, inability to work for 3 consecutive days or,
- Product losses: Quantities in excess of 50, 333 or 1,000 liters / kg, depending on merchandise transport categories (0 and 1 / 2 / 3 and 4) or
NB : It should be noted that this criterion also applies if there is an imminent risk of product loss, and in particular if the damage to the means of transport (packaging, tanker, etc.) is too extensive to allow transport to continue in complete safety.
- Property damage: Over €50,000 (excluding cost of transport equipment) or,
- Intervention by authorities or emergency services: evacuation of people or closure of road infrastructure for at least 3 hours.
NB: events involving the transport of radioactive materials are subject to a specific reporting procedure to the ASNR.
Statistics: The site also allows consultation of statistics relating to TDG events: Statistics - TDG accident notification - https://www.datmd.din.developpement-durable.gouv.fr/
Contact : decla-event-tmd@developpement-durable.gouv.fr
Deliveries of dangerous goods in IBCs (APPENDIX IV.9 of the TDG Order)
As a reminder, delivery by unloading IBCs (Intermediate Bulk Containers) remaining on the vehicle is not generally authorized by the ADR (this contravenes the prohibition on opening packages by the driver - ADR 8.3.3, and delivery in tanks is considered safer).
However, France only authorizes this delivery method for certain dangerous goods, when delivery by tanker vehicle is not possible, or when the quantities delivered do not justify the use of tankers.
These deliveries must be carried out in accordance with the specific provisions of Appendix IV.9 of Annex IV of the TDG Order.
The Order of July 3, 2024 specifies certain conditions for emptying IBCs under pressure:
- Emptying by pressurizing the IBC prohibited for flammable liquids
- Maximum pressure of 110 kPa (1.1 bar) for other authorized materials
Changes to ADR 2025
The draft amendments to Annexes A and B of ADR concern in particular:
Waste packaging, new articles 4.1.1.5.3 and 5.4.1.1.3.3
ADR regulations can be too strict and complex for the packaging and shipment of chemical and laboratory reagent waste.
In fact, the original products can be packaged in a combination pack (e.g. bottles placed in an approved carton). With this packaging method, it is this precise combination of inner packaging (cans, glass bottles of defined size and shape) placed and secured in an outer packaging that is approved (and tested).
When the waste is collected, all that often remains are the inner packagings, containing various dangerous goods in different shapes and sizes, which no longer correspond to the original packaging configuration. As some countries have adopted national derogations, the European Federation of Environmental and Pollution Control Industries (FEAD) is proposing a harmonized rule by introducing article 4.1.1.5.3 into the ADR.
This article governs the transport of waste in inner packagings of different sizes and shapes, containing liquids or solids and packed together in an outer packaging. Conditions include the following:
- Waste is not classified in classes 1 (explosives), 2 (gases), 6.2 (infectious risk) or 7 (radioactive),
- The outer packaging is one of the following types:
- Packaging : 1H2 (plastic drum), 1A2 (steel drum) , 3A2 (steel drum) , 3H1 and 3H2 (plastic drums), 4A (steel crate) or 4H2 (rigid plastic crate),
- IBCs (subject to inspection every 30 months): 11A (steel IBCs), 11H1 or 11H2 (plastic IBCs),
- Large packaging : 50A (large steel packaging) or 50H (large plastic packaging)
- The outer packaging has passed packing group I tests.
- Padding is used to prevent any significant movement of the inner packaging.
- Rules for checking the chemical compatibility of materials used in plastic (polyethylene) outer packaging have been relaxed.
These new provisions do not apply to waste streams covered by special provisions (e.g. lithium battery waste covered by DS 377 or DS 636, paint waste covered by DS 650, etc.).
For carriage in accordance with this article 4.1.1.5.3, the following statement must appear in the transport document "Transport in accordance with 4.1.1.5.3".. The additional statement "ESTIMATED QUANTITY IN ACCORDANCE WITH 5.4.1.1.3.2" is not necessary.
Example: "UN 1993 FLAMMABLE LIQUID WASTE, N.O.S., 3, III, (E); TRANSPORT PURSUANT TO 4.1.1.5.3".
In addition, it is now possible toestimate the quantity of waste in the transport document for UN 3291 (NON SPECIFIED HOSPITAL WASTE, N.O.S. or (BIO)MEDICAL WASTE, N.O.S. or REGULATED MEDICAL WASTE, N.O.S.), packed in accordance with P621 . This evolution allows ADR to reflect practices in the field.
Batteries, ionic batteries (lithium, sodium) and electric vehicles and equipment
To take account of advances in the field of batteries and accumulators, as well as in the "electric mobility" sector, ADR 2025 introduces new UN numbers in Class 9 for ionic sodium accumulators:
UN 3551 IONIC SODIUM ACCUMULATORS with organic electrolyte
UN 3552 IONIC SODIUM ACCUMULATORS CONTAINED IN EQUIPMENT or IONIC SODIUM ACCUMULATORS PACKAGED WITH EQUIPMENT, with organic electrolyte
It is specified in the new DS 401 that these two new UN 3551 and 3352 apply to ionic sodium organic electrolyte cells and batteries (same type of electrolyte as ionic lithium cells and batteries, giving them, in particular, flammability properties in certain accidental cases).
Pre-existing UN regulations continue to apply to :
- UN 2795 Sodium ion cells and batteries with aqueous alkaline electrolyte - Class 8 (corrosive)
- UN 3292 Batteries containing sodium metal or sodium alloy - Class 4.3 (releases flammable gases in contact with water)
Exemptions and special transport provisions for ion cells and batteries
Specific exemption for sodium ion cells and batteries (DS 400)
ADR 2025 introduces a transport exemption provision applicable only to sodium ion cells and batteries:
Certain special provisions applicable to lithium cells and batteries also apply to sodium ion batteries. These include :
- Used batteries / waste :
- Small cells (max 20 Wh) / batteries (max 100 Wh) and electronic equipment :
- DS 188: Transport of batteries under ADR exemption (subject to certain packaging conditions - e.g. 1.2 m drop test)
This exemption is commonly used for transporting batteries, lithium batteries and electronic equipment containing them: computers, smartphones, power tools
- Damaged or defective batteries
Damaged or defective batteries are subject to special transport regulations, in view of the risks they present (see DS 376 and DS 677).
NEW UN STANDARDS FOR ELECTRIC VEHICLES
In ADR 2023, electric vehicles are classified as follows:
- Electric vehicles: UN 3171 BATTERY POWERED DEVICE or BATTERY POWERED VEHICLE
- Thermal (liquid fuels) and hydropowered thermal/electric vehicles: UN 3166 FLAMMABLE LIQUID-POWERED VEHICLE
NB : Hydrogen fuel cell vehicle: UN 3166 FUEL CELL VEHICLE CONTAINING FLAMMABLE GAS
ADR 2025 creates new UN numbers in Class 9 that are more specific to the different types of electric vehicles:
- UN 3556 LITHIUM-ION BATTERY-POWERED VEHICLE
- UN 3557 LITHIUM METAL BATTERY-POWERED VEHICLE
- UN 3558 VEHICLE POWERED BY A SODIUM-ION BATTERY
NB: Hybrid vehicles, whatever the type of battery, remain classified under UN 3166.
Exemptions for transporting electric vehicles as cargo :
A specific transport exemption (as cargo / load) for vehicles powered by a sodium ion battery is introduced by ADR 2025:
The other pre-existing provisions for the transport of electric vehicles also apply to these new UNOs (fitted with lithium and sodium ion batteries).
Applicability
The provisions presented here are part of the draft amendments to ADR for its 2025 version. You can consult this draft dated February 2024, as well as an addendum and a corrigendum dated May 2024 at the following address:
In addition to the amendments commented on in this article, you will also find changes to UN3475 for the placarding of tank vehicles, and for asbestos corresponding to UN2212 and UN2590 (bulk transport by tipper).
NB: Only the final version of ADR 2025 is legally binding, so please wait until this version is published before ratifying these changes.
A transitional period of 6 months will apply when new versions of the regulations are published, so the provisions of ADR 2025 will become definitively mandatory on July1, 2025 (unless specific transitional provisions granting an additional application period are set out in chapter 1.6).
As for the provisions newly introduced in the TDG decree, they are already applicable, including the special provisions for the transport of certain types of waste classified as dangerous goods (waste collection centers).
REMINDER: Any company whose activities involve the shipment or transport of dangerous goods by road, or related packaging, loading, filling or unloading operations, must comply with the regulatory obligations arising from the ADR and the TDG decree.
The Transport Code sets out the criminal and administrative penalties applicable in the event of non-compliance:
- Transporting or causing the transport of unauthorized dangerous goods is punishable by one year's imprisonment and a €30,000 fine. The same applies to the failure to appoint a safety advisor in a company subject to this obligation...
- Failure to comply with the rules governing the classification of goods, the training of personnel involved in operations, etc. is punishable by a fine of 1,500 euros per offence.
- ...
Finally, a decree and the TDG order provide for the immobilization of the vehicle and the obligation to bring it into compliance before continuing the journey, with the consequence, in particular, of delaying the delivery of raw materials...
These regulations are complex and subject to numerous changes.
Photo credit: 251192772 @M. Perfectti