SJÖFS 2002:XX
1. ------IND- 2003 0254 S-- EN- ------20030805 ------PROJET
Statute Book of the Swedish Maritime Administration
SJÖFS 2003:X
SFH
1.2.3.5
7
SJÖFS 2002:XX
Administrative provisions of the Swedish Maritime Administration on the transport of packaged dangerous goods by sea;
adopted on xxxx 2002.
The Swedish Maritime Administration lays down[1] the following in pursuance of Chapter 2 Section 4 of the Order on ship safety (1988:594) and Sections 4, 9, 10, 13 and 22 of the Order (1982:923) on the transport of dangerous goods.
Scope
Section 1 These provisions shall apply to the transport of packaged dangerous goods by sea on all vessels used for voyages within Swedish territorial waters and on Swedish vessels used for voyages outside Swedish territorial waters. These provisions shall not apply to:
1 transport of packaged dangerous goods taken out of the country on a recreational craft and by private persons, provided that the goods in question are packaged in the retail packaging designed for the product concerned and are intended for private use, or
2 hazardous substances intended for the operation of the vessel or for work on board, or
3 goods transported on a vessel covered under the Swedish Maritime Administration’s administrative provisions (SJÖFS xxxx:x) on dangerous goods stowed on open ro-ro decks in area D or E.
Section 2 A vessel which is approved under legislation in other Member States within the European Union and European Economic Area shall be deemed equivalent to a vessel which meets the requirements in these provisions, provided that an equivalent level of safety is obtained by means of this legislation.
Definitions etc.
Section 3 The following definitions are used in these provisions.
Competent authority: An authority which has the statutory right to lay down provisions and decide cases, take action, lay down requirements etc. within a certain area. For the purposes of these provisions, unless stated otherwise, the Swedish Maritime Administration is the competent authority.
Competent body: A body accredited for testing, inspection and certification in accordance with the Act (1992:1119) on technical control or another body appointed by the Swedish Maritime Administration, unless another body is otherwise accredited or unless prescribed otherwise.
Dangerous goods: Goods deemed to be dangerous goods in accordance with the definition in Section 2 of the Act (1982:821) on the transport of dangerous goods.
General
Section 4 In the transport of dangerous goods on board vessels covered by these administrative provisions, the rules in Annex 1, which contains a Swedish translation of version 31 of the IMDG Code shall be observed.
Section 5 Swedish vessels shall keep these administrative provisions accessible on board.
Competent body
Section 6 Rules on testing, inspection, certification or other assessment that is to be carried out by a competent body are found in Annex 1, Sections:
4.1.2.3, 4.1.3.6, 4.2.1.9.1, 4.2.4.3 TP 10, TP 16, TP 24, 6.1.1.3, 6.1.5.1.3, 6.1.5.1.5, 6.1.5.1.10, 6.2.1.4.1, 6.2.1.5.1, 6.3.1.1 (f), 6.3.2.7, 6.5.1.6.1, 6.5.2, 6.5.4.2.2, 6.6.1.2, 6.6.3.1 (f), 6.6.5.1.3, 6.6.5.1.5, 6.6.5.1.8, 6.7.2.2.14, 6.7.2.3.1, 6.7.2.3.3.1, 6.7.2.4.3, 6.7.2.6.2, 6.7.2.6.3, 6.7.2.6.4, 6.7.2.7.1, 6.7.2.8.3, 6.7.2.10.1, 6.7.2.12.2.4, 6.7.2.18.1, 6.7.2.19.5, 6.7.2.19.9, 6.7.2.19.10, 6.7.3.2.11, 6.7.3.3.3.1, 6.7.3.7.3, 6.7.3.8.1.2, 6.7.3.14.1, 6.7.3.15.3, 6.7.3.15.5, 6.7.3.15.9, 6.7.3.15.10, 6.7.4.2.8.1, 6.7.4.2.8.2, 6.7.4.2.14, 6.4.3.3.1, 6.7.4.5.10, 6.7.4.6.4, 6.7.4.7.4, 6.7.4.13.1, 6.7.4.14.3, 6.7.4.14.10 and 6.7.4.14.11.
Declaration of dangerous goods
Section 7 The declaration shall be drawn up in English. In the case of transport solely within Swedish territorial waters, the goods declaration may be drawn up in Swedish.
The Baltic Agreement
Section 8 The Swedish Maritime Authority may grant exemption from these provisions in exceptional circumstances relating to the transport of dangerous goods on certain stretches specified in the Swedish Maritime Administration’s Notice 2002:4.
Exemptions
Section 9 Exemption from these provisions may be granted in special cases in the transport of dangerous goods by sea within Swedish territorial waters. An application for exemption shall be sent to the Swedish Maritime Administration.
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This statute shall enter into force four weeks after the day it is reported to be published in the Statute Book of the Swedish Maritime Administration. This statute revokes the Swedish Maritime Administration’s administrative provisions and guidelines (SJÖFS 2002:9) on the transport of packaged dangerous goods etc. by sea.
JAN- OLOF SELÉN
Johan Franson (Maritime Safety Inspectorate)
SJÖFS 2002:9 shall be removed from the Statute Book
Issued by: Gunilla Blomqvist, Swedish Maritime Administration, Norrköping, Sweden ISSN 0347-531X
Caroline Petrini Ship Engineering Unit Reference: 010202-03-15208
Swedish National Financial Management Authority
Revision of the Swedish National Maritime Administration’s administrative provisions (2002:9) and guidelines on the transport of packaged dangerous goods by sea
Introduction
In connection with the entry into force of the 31st amendment to the IMDG Code (International Maritime Dangerous Goods Code) at international level, the Code is also to be transposed into Swedish law by means of an amendment to the Swedish Maritime Authority’s administrative provisions on the transport of packaged dangerous goods by sea, SJÖFS 2002:9.
The IMDG Code is currently an international recommendation, but as from 1 January 2004 it will be mandatory.
The new amendment to the IMDG Code does not entail any substantial material changes, but represents a harmonisation of the Code with the UN Model Regulations and regulations for other types of transport of dangerous goods (by rail, air, road and off-road), which are also amended every two years.
An important change is that the code which uses EmS numbers has been replaced by a code using letters in which the first part refers to emergency instructions for fire and the second part to spillages.
In this translation, additions and minor amendments for this year are marked in blue text (marked in the margin), making it easier for individuals to find the amendments.
The Swedish Maritime Administration decided to translate the IMDG Code as from the 30th amendment. This means that the regulations (IMDG Code) will be included as an annex to the revised provisions which are to replace SJÖFS 2002:9. The annexes to these provisions contain a translation corresponding to the international regulations.
Impact assessment
The revision of the Swedish Maritime Administration’s provisions 2002:9 will principally involve the entry into force in Sweden of the amendments inserted into the IMDG Code (Amdt 31-02) on 1 January 2003, with a transitional period applying up to 31 December 2003.
The principle has always been to transpose amendments to the IMDG Code as they come into force in accordance with IMO (International Maritime Organization) decisions.
The 31st amendment to the IMDG Code consists of 7 parts and a number of appendices. However, the main idea as regards structure is for every substance to be assigned different types of coded information, for example, certain codes for packaging instructions and exceptions, and for all substances and the associated coded information to be given in table form. Thus, the table is a very important key to how the provisions are to be applied.
Part 1: General provisions, definitions and training
Part 2: Classification
Part 3: Dangerous goods list (which now consists of the schedules from previous editions of the Code)
Part 4: Packing and tank provisions
Part 5: Consignment procedures
Part 6: Construction and testing of packagings, intermediate bulk containers (IBCs), large packagings, UN portable tanks and road tank vehicles
Part 7: Requirements concerning transport operations
The amendments to the Code mainly concern details. This is the case, for example, with regard to requirements for packaging, classification of certain substances, marking of articles, clarifications as regards separation of different types of dangerous goods. New UN numbers (identification numbers for dangerous goods) have also been created and others have been deleted.
An important change is that the code which uses EmS numbers has been replaced by a code which uses letters in which the first part refers to emergency instructions for fire and the second part to spillages.
Training
Since the last amendment to the Code, a requirement has been included for land-based personnel engaged in the transport of dangerous goods intended to be transported by sea to be trained with regard to the content of the dangerous goods provisions that are relevant to their area of responsibility. The training shall consist of three parts: part one is a general awareness training, part two is task-related training and part three consists of safety training. A more detailed description of the elements that should be included in these training courses has been introduced this year in Chapter 1.3.
Costs
As a consequence of minor amendments and the amendment to the structure of the emergency instructions (EmS), measures may need to be taken to provide training with regard to these amendments. This may be accomplished by means of self-tuition and internal or external training. The estimated time for this training should be around 1 day, depending on the extent of the operator’s involvement in the activity.
On a few occasions during spring 2003, the Swedish Maritime Administration held informatory meetings with the Swedish Rescue Services Agency in which they presented information regarding the additions and amendments to the respective sets of regulations.
The amendment to the provisions will not result in an increased workload for the Maritime Safety Inspectorate or any other supervisory authority.
In conclusion, the revision of SJÖFS 2002:9 will only entail amendments to provisions containing details relating to the transport of dangerous goods by sea. The basic principles of how this transport is to be carried out at an international level will not change as a result of any separate Swedish requirements contained in the new provisions.
Impact assessment as regards the effect of the provisions on the conditions for small businesses
The proposed provisions will affect all small businesses which ship, transport or are in some other way involved in the transport of dangerous goods.
The rules are based on a recommendation, but Sweden has long since included this recommendation in its national legislation.
As a result of minor amendments to details and the new structure of the emergency instructions (EmS), measures may primarily be required for training in these areas.
This may be accomplished by means of self-tuition and internal or external training. The estimated time for this training should be around 1 day, depending on the extent of the operator’s involvement in the activity. The stipulations in the proposed provisions apply to all undertakings which ship, transport or are in some other way involved in the transport of dangerous goods by sea. Therefore, the stipulations will not have a negative effect on the competitive conditions for small businesses.
Caroline Petrini
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[1] These provisions have been notified in accordance with Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations and of rules on Information Society services (OJ L 204, 21.7.1998, p.37, Celex 398L0034), amended by European Parliament and Council Directive 98/48/EC (OJ L 217, 5.8.1998, p.18, Celex 398L0048). These provisions have also been notified in accordance with relevant rules of the Treaty establishing the European Atomic Energy Community (Euratom) concerning the duty of Member States to inform the Commission of rules relating to the protection of health as a result of ionising radiation, Articles 30-39.