Ask an Expert: United Nations Recommendations on the Transport of Dangerous Goods, Model Regulations

Dear Olivier,

I have three questions for you....

1.  What possible gaps do you see between the requirements of identification of LMOs under paragraph 2 of Article 18 of the Protocol and the recommendations in the relevant sections of the Model Regulations?

2.  What possible modalities exist that allow integration of the full range of requirements of the Biosafety Protocol with respect to the identification and handling of LMOs into the Model Regulations for GMOs that are already covered by the latter?

3.  Should the setting of standards with regard to handling, packaging and transport of LMOs be left to national measures altogether?

Many thanks

David

Dear David,
For question 1, the UN Model Regulations contains only requirements that are intended to ensure safety during transport. For the time being, if their use is authorized for whatever purpose, by countries concerned by the international transport, GMOs and GMMOs are not subject to transport regulations. Therefore in that case, the requirements of article 18, para 2, are not covered by the UN Model Regulations. They could be, but for the time being experts of the UN Sub-Committee are not convinced that LMOs  that are authorized for use require specific safety transport measures.Should Parties to the Protocol consider that specific safety transport requirements are needed, e.g for emergency response etc, they should provide guidance to the Sub-Committee regarding the type of measures to be taken and the risk during transport. If this is just a question of entering information in the transport document and labelling/marking of packages, this should not be too difficult, but this would require some inputs by countries interested in using the Model Regulations for meeting the requirements of this article 18, para 2.
I note also that when GMOs/GMMOs possess under hazards (infectious or toxic), they are subject only to the requirements for toxic or infectious substances, but they are not required to be identified as GMOs or GMMOs.
Feedback from the secretariat of the Convention as regards the suitability of the forthcoming requirements of the UN Model Regulations, 16th revised edition,if they had to apply for example to GMOs/GMMOs authorized for use,  for meeting the requirements of the Protocol would certainly be welcome
For question 2, I believe that it would be up to parties to the Protocol to define themselves what kind of transport conditions they would like to require for the carriage of LMOs, and then it would be possible for the secretariat to ask the UN Sub-Committe to consider how to integrate these requirements in the Model Regulations in a manner which is consistent with requirements applicable to the carriage of dangerous goods

For question 3, the purpose of the UN Model Regulations is  to ensure safety during transport and at the same time to facilitate trade through harmonization of national and international regulations. It is clear that if standards are not the same in all countries, international transport becomes impossible, as it is not possible in practice to change packagings, labels, information in the transport document etc in the course of an international journey. Therefore I think that international harmonization is necessary and leaving each country developing their own national standard would render international transport impossible.
Best regards
Olivier

Dear David,

After further consideration of your question 1, I would like to draw your attention to the fact that the revised requirements adopted by the UN Sub-Committee of Experts on the Transport of Dangerous Goods last December, and which will be reflected in international transport legal instruments as from 1 January 2011, documentation will no loger be required under transport regulations for GMOs/GMMOs packed in accordance with packing instruxtion P904, i.e. bearing a diamond-shaped mark with the indication UN 3245.
It is not clear, in article 18, para 2, whether or not the word "accompanying" means that the documentation referred to in this paragraph would have to accompany physically the goods during transport, or whether it could be transmitted otherwise to different entities involved (e.g. carrier,freight forwarders,  customs authorities, consignee, etc). The documentation required under the UN Model Regulations is mainly intended to provide information to the carrier about the danger presented during transport so that he/she may comply with the safety regulations he/she has to observe (e.g. use of appropriate vehicles, training of driver, protection of crew, availability of emergency equipment, etc); to the emergency services (if immediate emergency action has to be taken in case of accidental release); to control authorities, if the danger is such during transport that spot checks intended to verify compliance with the safety requirements are deemed necessary. So it would be useful to know what type and level of danger is presented during transport for each case (a), (b) and (c)of para 2 of article 18 to determine whether the information normally required to be entered in the transport document for transport of dangerous is needed also for LMOs (it is not always required for low level danger). If the documentation prescribed under article 18 is not related to safety during transport but is mainly intended to the control of transboundary movement, information of consignee etc, then the UN Model Regulations and related legal instruments are not necessarily the best tools for implementing this paragraph 2
Best regards
Olivier

Bonjour, Olivier,

Je voudrais vous remersie pour votre commentaires.

In continuation of the discussion held, we find the questions posed by David, interesting, and we suppose that the differentiated approach to the conditions of LMOs transportation, handling, packaging and labelling can be considered.

This can be done in accordance with three situations mentioned in the Art.18, para 2 of the Protocol: LMO designed for direct use for FFP; for contained use; and for deliberative release into the environment. 
  
We find it a good opportunity for the Parties to the Protocol to identify the safety needs and requirements during international transportation and emergency response, and to provide, through the Protocol Secretariate, the guidance to the Sub-Committee, which requirements should be integrated into the Model Regulations.
Could you please clarify whether the UN Model Regulations is a legally binding document for the Parties?

We suppose that it would be very necessary to elaborate the specific regulations which would ensure the LMOs segregation and traceability so as to ensure the safe transboundary movement.

Bon journee,

Angela

Bonjour Angela,
No, the UN Model Regulations are not legally binding per se. They are called UN Recommendations on the Transport of Dangerous Goods, Model Regulations. The UN Economic and Social Council recommends to all Governments and international organizazions concerned to take account of these Model Regulations when elaborating national or transport regulations. As a result many countries in the world implement fully or partially these Model Regulations through their national legislation, but more importantly in the context of international transport, all organizazions or bodies of the UN system which are involved in regulating different modes of transport, i.e. the International Maritime Organization, the International Civil Aviation Organization, and the UN Economic Commission for Europe are committed to implementing these Model Regulations through their own legal instruments, which are the IMDG Code, the ICAO Technical Instructions, ADR, RID and ADN. So, in practice, for international maritime or air transport, and for international inland transport in the UNECE region (including Moldova)it can be said that the UN Model Regulations are of mandatory application, although there can be some deviations in specific cases justified by the safety needs of a particular mode of transport (air transport in particular where the packing requirements are more stringent).
One difficulty faced by the UN Sub-Committee of Experts on the transport of Dangerous Goods is the lack of expertise for defining exactly what kind and level of danger are presented by LMOs during transport. In specific cases like this one, the UN Sub-Committee often relies on the expertise of other organizations, such as WHO for infectious substances, IAEA for radioactive material, and when this has been clarified, it helps them defining the appropriate transport conditions in a manner which is coherent with the system all carriers are used to, i.e the UN Model Regulations and related legal instruments. This integration is also important for proper compliance with the rules, at least for carriers.

Bonne journée
Olivier