2. Article

Šī Vienošanās memoranda vācu un angļu tekstiem ir līdzvērtīgs spēks. MEMORANDUM OF UNDERSTANDING FOR THE TRANSPORT OF PACKAGED DANGEROUS GOODS IN RO/RO SHIPS IN THE BALTIC SEA 28th session, Copenhagen 15 to 17 June 2004 Section 1 Application (1) By derogation from the provisions of the IMDG Code, these provisions 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 provided that the requirements following below are met. (2) Ro/Ro ships having been issued with a Document of Compliance in accordance with Section 8 below may carry, at the same time, cargo transport units (CTUs) which either fulfil the requirements of RID/ADR or of the IMDG Code. (3) Dangerous goods, which either fulfil the requirements of the IMDG Code or RID or ADR may be loaded together in the same CTU (see Section 4). 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) On-deck stowage means stowage on the weather deck. (4) Under deck stowage means stowage in a cargo space; in an open ro-ro cargo space, unless it is considered by a competent authority to be a weather deck; and/or in a closed ro-ro cargo space, as appropriate. (5) 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), set into effect on 1April 1997, the significant wave height does not exceed 2.3 metres more than 10 % of the year. Traffic in other areas can be considered as LWHA traffic by the competent authorities concerned if equivalent safety can be assured. (6) The competent authorities in accordance with these provision are: Denmark Danish Maritime Authority Vermundsgade 38 c DK-2100 COPENHAGEN O E-Mail: info@dma.dk Estonia Estonian Maritime Administration Maritime Safety Division Valge 4 EST-11413 Tallinn E-Mail: mot@vta.ee Finland Finnish Maritime Administration P.O. Box 171 FIN-00181 HELSINKI E-Mail: keskushallinto@fma.fi Germany Federal Ministry of Transport, Building and Housing P.O. Box 20 01 00 D-53170 BONN E-Mail: Ref-A33@BMVBW.bund.de Lithuania Maritime Safety Administration Janonio 24 LT-5800 KLAIPEDA E-mail: msa@msa.lt Latvia Maritime Administration of Latvia 5 Trijādibas iela LV-1048 RIGA E-Mail: lja@lja.bkc.lv Poland Ministry of Infrastructure Str. Chalubinskiego 4/6 PL-00928 WARSAW E-Mail: info@mi.gov.pl Sweden Swedish Maritime Administration Maritime Safety Inspectorate SE-601 78 NORRKÖPING E-Mail: inspektion@sjofartsverket.se Section 3 Transport of dangerous goods (1) Dangerous goods that are classified, packaged, marked, labelled, documented and loaded together on or in a CTU or unit load in accordance with the requirements of RID, ADR or the IMDG Code may be transported in accordance with the provisions of this MoU. (2) The application of packing instruction R001 or section 4.1.4 of ADR or RID is allowed only for the traffic in LWHA. (3) Tanks should either comply with Chapter 4.2 ADR/RID/IMDG Code, as amended, or comply with Chapter 4.3 ADR/RID, as amended. Tanks with open venting devices should not be permitted for trans­port on board of Ro/Ro ships. Section 4 Loading and labelling of CTUs (1) Packages (packagings, large packagings or IBCs) containing dangerous goods shall be segregated from each other within CTUs in accordance with the provisions of the IMDG Code. For traffic in LWHA packages with segregation categories 1 and 2 of table 7.2.1.16 of the IMDG Code may be loaded together in the same CTU. Paragraph 7.5.2.2 Note a of RID/ADR may be used for traffic in LWHA. (2) Placarding and marking of CTUs containing dangerous goods shall be in accordance with the provisions of the IMDG Code or RID/ADR, see Section 5. CTUs containing Marine Pollutants have to be marked according to the IMDG Code. Section 5 Transport of CTUs CTUs containing dangerous goods may be carried on Ro-Ro ships in accordance with the following provisions: (1) A container/vehicle packing certificate (CTU packing certificate) shall be issued for each CTU containing dangerous goods. The model CTU packing certificate shall comply with the IMO/ILO/UN ECE Guidelines for packing of Cargo Transport Units (CTUs) referred to in Section 9 (2). For mixed loading for traffic in LWHA, the packing certificate shall state that any prohibition of mixed loading as specified in Section 4 (1) sentence 2, has been complied with. In that case the following has to be stated in the packing certificate: “Packed together according to the MoU”. (2) When dangerous goods are transported in accordance with Chapter 3.4 of RID or ADR the consignor or his representative shall provide the master with the following information: “Dangerous goods in limited quantities of class(es) ...”. When dangerous goods are transported in accordance with paragraphs 1.1.3.1, 1.1.3.2 or 1.1.3.4 of RID /ADR the consignor or his representative shall inform the master that these paragraphs are used. (3) CTUs as referred to in 1.1.3.4, 1.1.3.5 and 1.1.3.6 ADR shall display, on their fore and aft ends, a neutral orange-coloured plate as provided for in Chapter 5.3 of ADR from the time they are loaded on, until the time they are unloaded from a Ro/Ro ship. The responsibility for fitting such plate shall rest with the person actually placing the CTU ready for loading on board the Ro/Ro ship. See IMDG Code, 5.4.2 and Supplement, 4.4.2. Section 6 Stowage and segregation between CTUs (1) Segregation between CTUs shall be in accordance with the provisions of the IMDG Code, except that for LWHA traffic no separation is required for segregation categories 1and 2 in table 7.2.4.2 of the IMDG Code. (2)Stowage and segregation of class 1 shall be in accordance with the IMDG Code and the Document of Compliance (SOLAS 1974, II-2/19) (3) The following table shall apply to the stowage of CTU containing dangerous goods: Stowage table for CTUs containing packaged dangerous goods of classes 2 to 9 Note: Stowage shall also be in accordance with the Document of Compliance (SOLAS 1974, II-2/19) or the Letter of Compliance referred to in Section 8 of the MoU. Description and class as specified in IMDG Code/RID/ADR Cargo ships or passenger ships carrying either not more than 25 passengers or 1 passenger per 3 metres of length Other passenger ships Description Class On deck Under deck On deck Under deck Gases -flammable gases. -non-flammable non-toxic gases. -toxic gases 2 2.1 2.2 2.3 permitted permitted permitted Prohibited Permitted3 prohibited Prohibited Permitted3 Prohibited prohibited permitted3 prohibited Flammable liquids - packing group I or II - packing group III 3 permitted permitted Permitted Permitted Permitted Permitted prohibited permitted Flammable solids - UN No.1944, 1945, 2254, 2623 - other UN numbers 4.12 permitted permitted Permitted Prohibited Permitted Permitted permitted prohibited Substances liable to spontaneous combustion 4.2 permitted Prohibited Permitted prohibited Substances which give off flammable gases in contact with water 4.3 Permitted1 Prohibited Permitted1 prohibited Oxidizing substances 5.1 permitted Permitted Permitted prohibited Organic peroxides 5.22 permitted Prohibited Prohibited prohibited Toxic substances - packing group I or II - packing group III 6.1 permitted permitted Prohibited Permitted Permitted Permitted prohibited permitted Infectious substances 6.2 permitted Permitted Prohibited prohibited Radioactive material 7 permitted Permitted Permitted permitted Infectious substances 6.2 permitted Permitted Prohibited prohibited Radioactive material 7 permitted Permitted Permitted permitted Corrosive substances - packing group I or II - liquids packing group III - solids packing group III 8 permitted permitted permitted Prohibited Permitted Permitted Prohibited Permitted Permitted prohibited prohibited permitted Miscellaneous dangerous substances and articles 9 permitted Permitted Permitted permitted Notes pertaining to this table: 1The carriage of Ferrosilicon of UN number 1408 when transported in bulk packagings, in containers, road vehicles or rail wagons, tank containers or demountable tanks is allowed only when accompanied by a certificate stating that the material was stored under cover, but in the open air, and that the particle size is representative of the material stored. 2 For the stowage of these substances, chapter 7.7 of the IMDG Code shall be complied with in addition to the provisions of ADR. 3 Refrigerated gases of ADR or of stowage categorie “D” of the IMDG Code are prohibited. *) The total number of passengers shall not be more than 1 person per 1 metre of the length of the ship. A: If the stowage of dangerous goods is prohibited according to this table for one item contained in a CTU loaded with mixed dangerous goods, this prohibition applies to the whole unit within that compartment. B: Substances assigned to special provision SP 900 of the IMDG Code are prohibited. C: If the stowage of dangerous goods is prohibited according to this table, but is permitted under the provisions of the IMDG Code, the stowage requirements of the IMDG Code may be applied instead. Section 7 Additional duties for the consignors The consignor shall ensure that, in addition to the information required by the provisions of RID/ADR, the dangerous goods are identificated as “MARINE POLLUTANT“, if applicable. Section 8 Requirements applicable to ships (1) Ships shall, with regard to design and equipment, fulfil the requirements of regulation II-2/54 of SOLAS 74, as amended. For ships constructed on or after 1 July 2002 regulation II-2/19, SOLAS 74 as amended, shall be applicable. The Document of Compliance shall include information specifying the classes of dangerous goods, which may be stowed in the individual cargo spaces of the ship. (2) Ships constructed before 1 September 1984 already provided with a letter of compliance may continue to transport dangerous goods in accordance with the requirements applicable at the time, when the letter of compliance was issued. However, these ships shall comply with the requirements of Chapter 7.4 of the IMDG Code. (3) A Letter of Compliance issued in accordance with the MoU is considered to be equivalent as being specified in 7.4.5.7 of the IMDG Code. Section 9 Additional requirements (1) During the voyage, CTUs containing dangerous goods shall be secured in compliance with the Cargo Securing Manual approved by the Administration. As far as practicable, IMO Resolution A.581(14) of 20 November 1985 shall be observed. CTUs without facilities for lashing may not be offered for transport under the provisions of this MoU. (2) The IMO/ILO/UN/ECE Guidelines for Packing of Cargo Transport Units (CTUs) shall be observed for all cargo trans­port units. (3) Ro-Ro vessels shall have on board current versions of: a) the International Maritime Dangerous Goods Code (IMDG Code); b) the Emergency Procedures for Ships Carrying Dangerous Goods (EmS); c) the Medical First Aid Guide for Use in Accidents Involving Dangerous Goods (MFAG); d) the applicable Regulations Concerning the International Carriage of Dangerous Goods by Rail (RID) or Annexes A and B of the European Agreement Concerning the International Carriage of Dangerous Goods by Road (ADR), as appropriate to the mode of transport. (4) Shipowners shall ensure that the persons they appoint and who are involved in the transport of CTUs under the provisions of the present MoU are made familiar, through repeated training, with the application of the relevant provisions, in particular, with those of ADR or RID. They shall ensure that the persons involved will be issued with a certificate stating that they have been trained and informed accordingly. (5)The competent authorities concerned may grant exemptions for a period of not more than 1 year, provided an equivalent level of safety is maintained. The MoU member states shall be notified of such exemptions. (6) The competent authorities as listed in Section 2 above should arrange for a representative proportion of checks to be conducted on consignments using a checklist. Competent authorities may agree on the joint conduct of such inspections. Checks shall not exceed a reasonable length of time. (7) The number and results of checks shall be presented at the MoU meetings and circulated to the competent authorities concerned. Section 10 Transitional Regulations On board cargo ships and passenger ships carrying not more than 1 passenger per 1 meter length of the ship CTUs may be stowed under deck under the conditions according to section 7 of the Memorandum of Understanding in the version of Würzburg (24 to 26 August 1999) by using the approval of the competent authority having granted such a stowage until 31 December 2002. For such stowage under deck table 2 of the Würzburg version and segregation of the CTU’s on this deck as laid down in IMDG 7.2.4.2 (Table of segregation of cargo transport units on board ro-ro ships), shall be used. All other requirements shall be according to the Riga version of the Memorandum. Section 11 Entry into force (1) This amendment to the Memorandum of Understanding shall come into force not later than 1January 2005. (2) The German and English versions of this amendment to the Memorandum of Understanding shall be equally authoritative.