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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 principles in Annex 2.
  4. This MoU is not intended to supersede national or international law. 
  5. 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
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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 cargo transport unit (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

Consignors and shipowners shall ensure that the persons involved in the transport of CTUs under the provisions of this MoU are made familiar, through repeated training, with the application of this. MoU including the relevant provisions of ADR/RID commensurate with their responsibilities. Records of the training shall be kept by consignors and shipowners and made available to the employee or competent authority upon request.

Section 5
Classification

Dangerous goods may be classified in accordance with part 2, chapters 3.2 and 3.3 of ADR/RID. However, substances assigned to special provision 900 of the IMDG Code are prohibited from transport.

Section 6
Use of packagings

Dangerous goods may be packaged in accordance with chapter 4.1 of 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:

a) For substances of class 4.3, only closed waterproof CTUs shall be used.
b) 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 ADR/RID.

Section 10
Placarding and marking of CTU.

  1. A CTU may be placarded and marked in accordance with chapter 5.3 of ADR/RID provided the
    following additional requirements are met:
    1. 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.
    2.  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. One of the plates shall be affixed at the front and the other at the rear of the trailer.
    3. 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 been checked at the port facility and during the voyage unlessmarked in accordance with chapter 3.4 of ADR/RID. One of the plates shall be affixed 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. A CTU as referred to in subsection 1.1.3.6 of ADR shall display two orange-coloured plates from the time it has been checked at the port facility and during the voyage. One of the plates shall be affixed 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. These plates need not 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 the ro-ro ship.

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