EFTA Surveillance Authority Decision No 258A/13/COL of 25 June 2013 to accept a request for a derogation based on Article 6(2)(a) of the Act referred to at point 13c in Chapter I of Annex XIII to the Agreement of the European Economic Area (Directive 2008/68/EC of the European Parliament and of the Council of 24 September 2008 on the inland transport of dangerous goods) to authorize the transport of hazardous waste as described in Article 12 of the Norwegian Regulation on inland transport of dangerous goods No 384 of 1 April 2009(Forskrift om landtransport av farlig gods, ‘the Norwegian Regulation’), in so far as the transport company has an ADR safety adviser; and in so far those who handle and transport hazardous waste attend special training before they are authorized to do so

THE EFTA SURVEILLANCE AUTHORITY,

Having regard to the Act referred to at point 13c in Chapter I of Annex XIII to the EEA Agreement,

Directive 2008/68/EC of the European Parliament and of the Council of 24 September 2008 on the inland transport of dangerous goods (the Act),

as adapted by the EEA Agreement by Protocol 1 thereto,

Having regard to Article 9 of the Act and to Standing Committee Decisions Nos 3/12/SC and 4/12/SC,

Having regard to EFTA Surveillance Authority Decision No 88/13/COL of 27 February 2013 (Event No 661691) to submit to the EFTA Transport Committee draft measures to be taken by the EFTA Surveillance Authority with regard to the Norwegian request, and empowering competent College Member to adopt the final decision if the EFTA Transport Committee approves the draft decision unanimously,

Whereas:

1. The Norwegian Government, by a letter to the Authority of 17 October 2011 (Event No 611939), requested four derogations as well as an authorization for a restrictive measure on the basis of Articles 6(2)(a) and 5(2) of the Act. The request clarified that the derogations constituted current provisions of the national legal order as set out in Articles 12, 13, 16, 21 and 28 of the Norwegian Regulation.

2. In a communication of 24 August 2012, the Norwegian Government informed the Authority of its withdrawal of Article 21 of the Norwegian Regulation (pyrotechnic emergency equipment) from the request for derogations.

3. In accordance with Article 9 of Directive 2008/68 and Standing Committee Decisions No 3/12/SC and 4/12/SC, the Authority submitted, on 5 October 2012, a first draft of measures to be taken to the EFTA Transport Committee (hereinafter ‘the Committee’, Events No 648711 and 643174).

4. These draft measures were based on a risk assessment report dated 14 June 2012 as commissioned by the Authority from Det Norske Veritas (DNV) (Event No 640432).

5. On 8 November 2012, the Committee convened and discussed the first draft measures (Event No 652659, minutes from the meeting).

6. By a letter of 26 November 2012 (Event No 654691), the Norwegian Government withdrew Articles 13 (airport tank-vehicle), 16 (safety valve) and 28 (EX/II/III Transport units) from its request for derogations, while maintaining its request for derogation as regards Article 12 (transport of hazardous waste).

7. Accordingly, the remaining derogation requested under Article 6(2)(a) of the Act concerns Article 12 of the Norwegian Regulation authorising transport of hazardous waste in Norway. That provision reads as follows:

   1.

   When transporting up to 500 kg net dangerous goods per transport unit/railway wagon, classified as hazardous waste according to waste regulations, only the ADR and RID requirements for packaging, tanks, marking, mixed packing and transport documents applies.

   2.

   When collecting liquid waste delivered in cans, boxes, etc. outer packaging as UN-approved drums, rigid IBC or large packaging may be used. Remnants of glue, paint, resin solutions or similar substances in packaging of up to 10 liters, may be transported on pallets with pallet collars, if it is adequately secured against leakage.

   3.

   Hazardous wastes from households can be transported in special boxes with secured lids. Such boxes may be marked “Hazardous Waste”. The requirements in ADR/RID on mixed packing does not have to be met if sufficient measures is taken to prevent dangerous reactions.

   4.

   Declaration form in accordance with waste regulations may be used as a transport document.’

8. In that regard, the draft measures submitted to the Committee on 5 October 2012 read:

   ‘[T]he request for derogation in relation to Article 12 of the Norwegian Regulation concerning the transportation of hazardous waste, should be accepted in so far as the transportation company has an ADR safety adviser, and where the drivers have extended driver’s licence, class C or class D. For the remainder, it should be rejected.’

9. In its letter of 26 November 2012, the Norwegian Government indicated the following:

   The Norwegian Government maintains its request to the Authority for a national derogation in relation to this Article, with some adjustments.

   Norway would like to point out that extended drivers licence for the drivers of the vehicles (class C or D) is not relevant for the safety of the transport of dangerous goods.

   The derogation will comprehend ADR only. Further on, the companies must have a ADR/RID safety adviser. People that handles and transports hazardous waste must attend special training before they can be authorized.’

10. Following a request from the Authority, the Norwegian Government provided the following clarification by email of 13 December 2012 (Event No 656664) as regards its proposed amendments:

    ‘This alternative proposal, concerning the training requirements, will be limited to road transport only, and implies that drivers of vehicles carrying waste dangerous goods shall be trained in:

    • General requirements governing the carriage of waste dangerous goods

    • Main types of hazards, including their marking and labeling

    • Preventive and safety measures appropriate to the various types of hazard

    • Safe loading, unloading, and carriage of waste dangerous goods

    • Purpose and the method of operation of technical equipment on vehicles

    • Basic information for minimizing the likelihood of an incident taking place

    • Emergency response procedures, including the measures which may prove necessary for their own safety and that of the public and the environment in case of an incident

    • Security awareness

    Records of the driver training received shall be kept by the employer and made available to the driver or competent authority, upon request.

    The exact wording of the revised § 12 is not yet fully prepared, but the proposal contains the substance of the revised Regulation.’

11. On 16 January 2013 (Event 659861), DNV submitted that, in its view, the measures suggested by the Norwegian Government on special training for drivers would be more to the purpose than DNV’s original proposal of a class C or a class D driver’s licence.

12. On 18 January 2013 and on 1 February 2013 (Events No 659983 and No 661423), the Norwegian Government further amended its proposal on training requirements in the following terms:

    ‘The regulations governing the transport of dangerous goods in road tunnels and the appropriate mitigation measures and emergency response actions for such transport.’

    ‘The duration of the training shall be a minimum of 6 teaching units. Records of the driver training received shall be kept by the employer and made available to the driver or competent authority, upon request.’

13. On 27 February 2013, the Authority decided to submit to the Committee accordingly amended draft measures to be taken by the Authority with regard to Norway’s remaining request for a derogation based on Article 6(2)(a) of the Act concerning the transport of hazardous waste (Decision No 88/13/COL); and to empowering the competent College Member to adopt the final decision if the Committee approves of the draft measures unanimously.

14. By e-mails of 1 and 13 March 2013, respectively, the Members of the EFTA Transport Committee unanimously approved of these draft measures (Events No 666005, 665893 and 664435).

15. Accordingly, the Authority can grant Norway’s remaining request for a derogation based on Article 6(2)(a) of the Act.

HAS ADOPTED THIS DECISION: