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Updates to the TMD decree (July 2024)
The amended decree of May 29, 2009, known as the "TMD decree," consolidates the regulations applicable to the transport of dangerous goods within national territory for the three "land" modes: Road, Rail, and Inland Waterways.
Two decrees amended the TMD decree in July 2024 (the decree of July 2, 2024, and the decree of July 3, 2024), introducing notably the following modifications:
Decla-Event-TMD online reporting (ADR 1.8.5 and Article 7 of the TMD decree)
In 2024, the Dangerous Goods Transport Mission (MTMD—responsible for regulating the transport of dangerous goods within the Directorate General for Risk Prevention) launched an online service for reporting "incidents involving dangerous goods" : https://www.datmd.din.developpement-durable.gouv.fr (via "Cerbère" authentication).
CERFA form 12252 may still be used until December 31, 2024, but as ofJanuary 1, 2025, online reporting becomes mandatory.
Reminder: The serious accidents or incidents covered are those occurring during the loading, filling, transport, or unloading of dangerous goods if the consequences exceed certain criteria set out in section 1.8.5.3 of the ADR:
- Personal injury: Death, intensive medical treatment, hospital stay of at least 1 day, or inability to work for 3 consecutive days, or
- Product loss : Quantities exceeding 50, 333, or 1,000 liters/kg, depending on the transport category of the goods (0 and 1 / 2 / 3 and 4), or
Note : Please note that this criterion also applies if there is an imminent risk of product loss, particularly if damage to transport equipment (packaging, tanks, etc.) is too severe to continue transport safely.
- Material damage : Exceeding €50,000 (excluding the cost of transport equipment) or,
- Involvement of authorities or emergency services: Evacuation of persons or closure of road infrastructure for at least 3 hours.
Note : incidents involving the transport of radioactive materials are subject to a specific reporting procedure with the ASNR.
Statistics: The site also allows you to view statistics related to dangerous goods transport incidents : Statistics – Dangerous Goods Transport Accident Reporting – https://www.datmd.din.developpement-durable.gouv.fr/
Contact : decla-event-tmd@developpement-durable.gouv.fr
Dangerous goods deliveries in IBCs (APPENDIX IV.9 of the Dangerous Goods Transport Order)
As a reminder, delivery by decanting IBCs (Intermediate Bulk Containers) while they remain on the vehicle is generally not permitted under the ADR (as this contravenes the prohibition against drivers opening packages – ADR 8.3.3, and delivery by tanker is considered safer).
France nevertheless authorizes this delivery method only for certain dangerous goods, when delivery of these products by tanker 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 TMD Order.
The order of July 3, 2024, clarifies certain conditions for discharging by pressurization of the IBC :
- Discharging by pressurization of the IBC is prohibited for flammable liquids
- Maximum pressure of 110 kPa (1.1 bar) for other authorized substances
ADR 2025 updates
The draft amendments to Annexes A and B of the ADR focus in particular on:
Waste packaging, new articles 4.1.1.5.3 and 5.4.1.1.3.3
ADR provisions can be overly strict and complex for the packaging and shipment of chemical waste and laboratory reagents.
Indeed, the original products may be packed in a combination packaging (e.g., bottles placed in an approved cardboard box). With this packaging method, it is this specific combination of inner packagings (canisters, glass bottles of defined size and shape) placed and secured within an outer packaging that is approved (and subject to testing).
During waste collection, often only the inner packagings remain, containing various dangerous goods of different sizes and shapes that no longer match the original packaging configuration. As some countries have adopted national exemptions, the European Waste Management Association (FEAD) is proposing a harmonized rule by introducing Article 4.1.1.5.3 into the ADR.
This article regulates the transport of waste in inner packagings of different sizes and shapes, containing liquids or solids and packed together in an outer packaging. The conditions are notably as follows:
- The waste is not classified under classes 1 (explosives), 2 (gases), 6.2 (infectious substances), or 7 (radioactive material),
- The outer packaging is one of the following types:
- Packagings : 1H2 (plastic drum), 1A2 (steel drum), 3A2 (steel jerrican), 3H1 and 3H2 (plastic jerricans), 4A (steel box), or 4H2 (rigid plastic box),
- IBCs (subject to inspection every 30 months): 11A (steel IBC), 11H1 or 11H2 (plastic IBC),
- Large packagings : 50A (steel large packaging) or 50H (plastic large packaging)
- The outer packaging has passed the packing group I performance tests
- Cushioning material is used to prevent any significant movement of the inner packagings
- The rules for verifying the chemical compatibility of plastic (polyethylene) outer packaging materials have been relaxed
These new provisions do not apply to waste streams covered by special provisions (e.g., lithium battery waste under SP 377 or SP 636, paint waste under SP 650, etc.).
For transport in accordance with this section 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 required.
Example: "UN 1993 FLAMMABLE LIQUID, N.O.S., 3, III, (E); TRANSPORT IN ACCORDANCE WITH 4.1.1.5.3"
Furthermore, regarding waste, it is now possible toestimate the quantity of waste in the transport document for UN 3291 (CLINICAL WASTE, UNSPECIFIED, N.O.S. or (BIO)MEDICAL WASTE, N.O.S. or REGULATED MEDICAL WASTE, N.O.S.), packed according to P621. This development allows field practices to be incorporated into the ADR.
Cells, ionic batteries (lithium, sodium), and electric equipment and vehicles
To account for advancements in the field of cells, batteries, and accumulators, as well as in the "electric mobility" sector, ADR 2025 introduces new UN numbers in Class 9 for sodium-ion accumulators:
UN 3551 SODIUM-ION ACCUMULATORS with organic electrolyte
UN 3552 SODIUM-ION ACCUMULATORS CONTAINED IN EQUIPMENT or SODIUM-ION ACCUMULATORS PACKED WITH EQUIPMENT, with organic electrolyte
The pre-existing UN numbers continue to apply for:
– UN 2795 Sodium-ion cells and batteries with alkaline aqueous electrolyte – Class 8 (corrosive)
– UN 3292 Batteries containing metallic sodium or a sodium alloy – Class 4.3 (substances which, in contact with water, emit flammable gases)
Exemptions and special transport provisions for ion cells and batteries
Specific exemption for sodium-ion cells and batteries (SP 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 accumulators. These include:
- Used cells and batteries / waste:
- Small cells (max 20 Wh) / batteries (max 100 Wh) and electronic equipment:
- SP 188: Transport of cells and batteries under ADR exemption (subject to certain conditions, particularly regarding packaging – Ex: 1.2 m drop test)
- Damaged or defective cells and batteries
Damaged or defective cells and batteries are subject to special transport regulations due to the risks they pose (see SP 376 and SP 677).
NEW UN NUMBERS FOR ELECTRIC VEHICLES
In ADR 2023, electric vehicles are classified as follows:
- Electric vehicles: UN 3171 BATTERY-POWERED EQUIPMENT or BATTERY-POWERED VEHICLE
- Internal combustion vehicles (liquid fuel) and hybrid thermal/electric vehicles: UN 3166 VEHICLE, FLAMMABLE GAS POWERED
Note : Hydrogen fuel cell powered vehicle: UN 3166 VEHICLE, FUEL CELL, FLAMMABLE GAS POWERED
ADR 2025 introduces new, more specific UN numbers in Class 9 for different types of electric vehicles:
- UN 3556 VEHICLE, LITHIUM ION BATTERY POWERED
- UN 3557 VEHICLE, LITHIUM METAL BATTERY POWERED
- UN 3558 VEHICLE, SODIUM ION BATTERY POWERED
Note : Hybrid vehicles, regardless of battery type, remain classified under UN 3166
Exemptions for the transport of electric vehicles as cargo:
A specific transport exemption (as cargo/load) for vehicles powered by sodium-ion batteries is introduced by ADR 2025:
The other pre-existing provisions for the transport of electric vehicles also apply to these new UN numbers (equipped with lithium and sodium-ion batteries).
Applicability
The provisions presented here are part of the draft amendments to the 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 discussed in this article, you will also note changes for code UN3475 regarding the placarding of tank vehicles and for asbestos corresponding to codes UN2212 and UN2590 (bulk transport in tippers).
Note : Only the final version of ADR 2025 is authoritative; therefore, it is advisable to wait for the publication of this version before finalizing these changes.
As a 6-month transitional period is established upon the publication of new versions of the regulations, the provisions of ADR 2025 will be definitively mandatory as of July 1st 2025 (except for specific transitional provisions granting an additional implementation period as set out in Chapter 1.6).
As for the provisions newly introduced in the TMD order, they are already applicable, including the specific provisions for the transport of certain waste classified as dangerous goods (waste collection centers).
REMINDER: Any company whose activities include the shipment or transport of dangerous goods by road, or related packing, loading, filling, or unloading operations, must comply with regulatory obligations derived from the ADR and the TMD order.
The Transport Code defines criminal and administrative penalties applicable in the event of non-compliance:
- Transporting or arranging for the transport of dangerous goods whose transport is not authorized is punishable by one year of imprisonment and a €30,000 fine. The same applies to the failure to appoint a safety adviser in a company subject to this obligation…
- Failure to comply with goods classification rules, staff training for operations, etc., is punishable by a fine of 1,500 euros per offense.
- …
Finally, a decree and the TMD order provide for the immobilization of the vehicle and the obligation to achieve compliance before continuing the journey, which notably results in delaying the delivery of raw materials…
This regulation is complex and subject to numerous changes.
Photo credit: 251192772 @M. Perfectti