The document discusses the regulatory framework for maritime transport of dangerous goods. It outlines the role of the United Nations in developing recommendations through various committees and subcommittees. The UN recommendations, known as the Orange Book, provide a harmonized structure and provisions for classifying and transporting dangerous goods globally and are implemented by international organizations like IMO for maritime transport through codes like the IMDG Code.

1. INTERNATIONAL MARITIME ORGANIZATION DANGEROUS GOODS REGULATIONS Captain M.P. Alan STEPHEN Port Inspector -Mauritius Ports Authority MEXA Logistics Conference – 6 th September 2010

2. Overview of presentation 1. What is the role of ports and Port Authorities in maritime transport of dangerous goods? 2. What are dangerous goods? 3. What is the regulatory framework for maritime transport of dangerous goods? Captain M.P. Alan STEPHEN Port Inspector -Mauritius Ports Authority MEXA Logistics Conference – 6 th September 2010

3. What is the role of ports and Port Authorities in maritime transport of dangerous goods? 1 MEXA Logistics Conference – 6 th September 2010 Captain M.P. Alan STEPHEN Port Inspector -Mauritius Ports Authority

4. LE POINT NODAL PORTUAIRE ET MARCHANDISES DANGEREUSES FINANCES ET GARANTIES BANQUES ASSURANCES CONTROLE QUALITÉ CHAMBRES DE COMMERCE EXPORTATEURS NÉGOCIANTS IMPORTATEURS Transitaires Groupeurs / Dégroupeurs Organisateurs de transport Ports Manutentionnaires Entrepositaires Exploitants MAD Consignataires Agents Maritimes Organisateurs de transport Ports Terminaux Stevedores Dépôt à conteneurs TRANSPORTEURS TERRESTRES ARMEMENTS MARITIMES TRANSPORT DE CABOTAGE MOYENS DE TRANSPORT MARCHANDISES DOUANES + POSTE AUTORITÉ PORTUAIRE AFFAIRES MARITIMES AFFAIRES SANITAIRES, PHYTOSANITAIRES ET VÉTÉRINAIRES IMMIGRATION ET SURETÉ FORMALITES ADMINISTRATIVES Acteurs principaux Acteurs intéressés COMMERCE INTERNATIONAL TRANSPORTS Captain M.P. Alan STEPHEN Port Inspector -Mauritius Ports Authority (Adapted from Dr. L.Fedi Universite Aix-Marseille III) MEXA Logistics Conference – 6 th September 2010 PORT Marchandises dangereuses

5. Logistics “ Logistics is that part of the Supply Chain process that plans, implements and controls the efficient, effective flow and storage of goods, services, and related information from the point of origin to the point of consumption in order to meet customers’ requirements” - CSCMP Suppliers of raw materials, intermediate parts, etc. Raw material parts, etc. Customers Production Finished goods storage Outbound transport Inbound transport The Logistics Flow MEXA Logistics Conference – 6 th September 2010 Captain M.P. Alan STEPHEN Port Inspector -Mauritius Ports Authority (Adapted from Dr. K. Bichou – Imperial College London) Port-Louis or Port Mathurin Port-Louis or Port Mathurin

6. Maritime Network: Channel and Flow Configurations Trade Channel Supply Channel Logistics Channel Objectives Trade control, regulation, facilitation and public interest Trading nations and their government agencies (Customs, APHIS, Postal Services, Port Authority, OHS, Security, Envi, Health, Haz.Wastes, Radioactive Material, Transport Regs etc) Cargo owners (manufacturers, suppliers/receivers) and sub-contracting firms along the supply chain Non-cargo owning facilitators and intermediaries contracted by supply chain members (ocean carriers, ports/terminal operators, logistics providers, shipping agents, NVOCCs, etc) Overall cost reduction and customer satisfaction Efficient physical movement of goods and people and associated operations Captain M.P. Alan STEPHEN Port Inspector -Mauritius Ports Authority (Adapted from Dr. K. Bichou – Imperial College London) MEXA Logistics Conference – 6 th September 2010 International Maritime System Network Information flows Payment flows Physical flows

7. What are dangerous goods? 2 Captain M.P. Alan STEPHEN Port Inspector -Mauritius Ports Authority MEXA Logistics Conference – 6 th September 2010

8. Dangerous goods? Dangerous goods can be defined as: Goods possessing inherent hazardous properties , the transport of which is regulated in order to prevent accidents to persons and property , damage to the environment , the means of transport employed or to other goods , and their misuse for malevolent acts . Captain M.P. Alan STEPHEN Port Inspector -Mauritius Ports Authority MEXA Logistics Conference – 6 th September 2010

9. Security accident / incident UNLAWFUL ACT Negligence, human error Safety regulations / procedures not followed Safety accident / incident Disruption Damage Health hazard Injury Death Correlation between safety and security MEXA Logistics Conference – 6 th September 2010 Captain M.P. Alan STEPHEN Port Inspector -Mauritius Ports Authority (Adapted from Mr. M. Meletiou – ILO)

10. Dangerous goods? Dangerous cargoes Packaged dangerous goods Bulk dangerous cargoes Liquid bulk dangerous cargoes Solid bulk dangerous cargoes Bulk carrier Gas tanker Chemical tanker Oil tanker General cargo ship Passenger ship Solid bulk dangerous goods Bulk carrier Mineral oil cargoes Liquid gas cargoes NLS cargoes Solid bulk MHB Captain M.P. Alan STEPHEN Port Inspector -Mauritius Ports Authority MEXA Logistics Conference – 6 th September 2010 Industry Standards IGC Code IBC Code IMDG Code IMDG Code IMSBC Code IMSBC & IMDG Codes ISPS & ISM Codes

11. Dangerous goods? SOLAS 74 CHAPTER VII CARRIAGE OF DANGEROUS GOODS PART A CARRIAGE OF DANGEROUS GOODS IN PACKEGED FORM Regulation 1 Definitions For the purpose of this chapter, unless expressly provided otherwise: 1. IMDG Code means the International Maritime Dangerous Goods (IMDG) Code adopted by the Maritime Safety Committee of the Organization by resolution MSC 122(75), as may be amended by the Organization, provided that such amendments are adopted, brought into force and take effect in accordance with the provisions of article VII of the present Convention concerning the amendment procedures applicable to the Annex other than chapter I. 2. Dangerous goods mean the substances, materials and articles covered by the IMDG Code . 3. Packaged form mean the form of containment specified in the IMDG Code. Captain M.P. Alan STEPHEN Port Inspector -Mauritius Ports Authority MEXA Logistics Conference – 6 th September 2010

12. Dangerous goods? SOLAS 74 CHAPTER VII CARRIAGE OF DANGEROUS GOODS PART A-1 CARRIAGE OF DANGEROUS GOODS IN SOLID FORM IN BULK Regulation 7 Definitions Dangerous goods in solid form in bulk means any material, other than liquid or gas, consisting of particles, granules or any larger pieces of material, generally uniform in composition, which is covered by the IMDG Code and is loaded directly into the cargo spaces of a ship without any intermediate form of containment, and includes such materials loaded in a barge on a barge-carrying ship. Captain M.P. Alan STEPHEN Port Inspector -Mauritius Ports Authority MEXA Logistics Conference – 6 th September 2010

13. What is the regulatory framework for maritime transport of dangerous goods? 3 Captain M.P. Alan STEPHEN Port Inspector -Mauritius Ports Authority MEXA Logistics Conference – 6 th September 2010

14. UN Regulatory Framework MEXA Logistics Conference – 6 th September 2010 Captain M.P. Alan STEPHEN Port Inspector -Mauritius Ports Authority

15. ECOSOC UN Regulatory Framework CETDGGHS Committee of Experts on TDG and GHS SCETDG Sub-Committee of Experts on TDG SCEGHS Sub-Committee of Experts on the GHS UN Recommendations on the TDG Globally Harmonized System (GHS) Captain M.P. Alan STEPHEN Port Inspector -Mauritius Ports Authority MEXA Logistics Conference – 6 th September 2010

16. Captain M.P. Alan STEPHEN Port Inspector -Mauritius Ports Authority MEXA Logistics Conference – 6 th September 2010 UN Regulatory Framework Orange and Purple Books “ Orange Book” “ Purple Book” UN Recommendations on The Transport of Dangerous Goods Globally Harmonized System of Classification and Labeling of Chemicals (GHS)

17. Captain M.P. Alan STEPHEN Port Inspector -Mauritius Ports Authority MEXA Logistics Conference – 6 th September 2010 UN Regulatory Framework Mandate of the SCETDG To elaborate recommendations : Addressed to all governments and international organizations concerned with the safety of transport of dangerous goods Allowing the uniform development of national and international regulations governing the various modes of transport UN Recommendations on the Transport of Dangerous Goods or UN Model Regulations on the Transport of Dangerous Goods or “ Orange Book “

18. UN Regulatory Framework Captain M.P. Alan STEPHEN Port Inspector -Mauritius Ports Authority MEXA Logistics Conference – 6 th September 2010 Structure of UN Recommendations PART 1 GENERAL PROVISIONS, DEFINITIONS PART 2 CLASSIFICATION PART 3 DANGEROUS GOODS LIST, LIMITED QUANTITY AND EXCEPTED QUANTITY PROVISIONS PART 4 PACKING AND TANK PROVISIONS PART 5 CONSIGNMENT PROCEDURES PART 6 CONSTRUCTION AND TESTING OF PACKAGINGS, INTERMEDIATE BULK CONTAINERS (IBCs), LARGE PACKAGINGS, PORTABLE TANKS, MULITI-ELEMENT GAS CONTAINERS (MEGCs) AND BULK CONTAINERS PART 7 PROVISIONS CONCERNING TRANSPORT OPERATIONS

19. Captain M.P. Alan STEPHEN Port Inspector -Mauritius Ports Authority MEXA Logistics Conference – 6 th September 2010 UN Regulatory Framework It is recommended that : - all governments (when developing national regulations) and - international organizations (when developing regional or internationally legally binding instruments) follow the same structure and implement the provisions contained in the UN Recommendations. Its provisions may also be supplemented by specific provisions or requirements specific to one mode of transport when those are not addressed in the Recommendations.

20. Captain M.P. Alan STEPHEN Port Inspector -Mauritius Ports Authority MEXA Logistics Conference – 6 th September 2010 UN Regulatory Framework Global application Maritime transport: IMO IMDG Code Air transport : ICAO Technical Instructions

21. Captain M.P. Alan STEPHEN Port Inspector -Mauritius Ports Authority MEXA Logistics Conference – 6 th September 2010 UN Regulatory Framework Regional application Road transport: ADR Rail transport: RID Inland Waterways: ADN

22. Captain M.P. Alan STEPHEN Port Inspector -Mauritius Ports Authority MEXA Logistics Conference – 6 th September 2010 UN Regulatory Framework Regional application ASEAN countries - Framework Agreement on the Facilitation of Goods in Transit MERCOSUR countries - Agreement for the Facilitation of inland Transport of Dangerous Goods ANDEAN countries - Considering using UN Recommendations and/or ADR/ADN

23. Captain M.P. Alan STEPHEN Port Inspector -Mauritius Ports Authority MEXA Logistics Conference – 6 th September 2010 UN Regulatory Framework National application European countries - EU Directive making requirements of ADR, RID and ADN applicable to domestic and intracommunautary traffic North America - Canada and USA regulations are based on UN Recommendations Other countries - Australia, Brazil, China, Japan etc Mauritius ???

24. MANDATORY PORT FACILITY & PORT SAFETY PORT FACILITY SECURITY PORT SECURITY HIGHLY RECOMMENDED Captain M.P. Alan STEPHEN Port Inspector -Mauritius Ports Authority MEXA Logistics Conference – 6 th September 2010 MANDATORY + Port and Maritime Industries Lingua Franca re: Safety & Security of Dangerous Goods Transport UN Regulatory Framework

25. International Regulations relating to International Maritime Dangerous Goods Transport International Convention for the Safety of Life at Sea (SOLAS), 1974, as amended International Convention for the Prevention of Pollution from ships (MARPOL 73/78), as amended The HNS protocol (OPRC-HNS), 2000 to the International Convention on Oil Pollution, Preparedness, Response and Co-operation (OPRC), 1990 International Convention for Safe Containers (CSC), 1972, as amended International Convention on Facilitation of International Maritime Traffic 1965, as amended The Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal, 1989 The IAEA Regulations for the Safe Transport of Radioactive Material, 2005 Captain M.P. Alan STEPHEN Port Inspector -Mauritius Ports Authority MEXA Logistics Conference – 6 th September 2010

26. The Ports Act 1998 , as amended The Ports (Operations & Safety) Regulations 2005, as amended The Merchant Shipping Act 2007 , as amended The Dangerous Chemicals Control Act 2004, as amended The Environment Protection Act 2002, as amended The E.P. (Standards for Hazardous Wastes) Regulations 2001 The Radiation Protection Act 2003 , as amended The Customs Act 1988, as amended The Occupational Safety and Health Act 2005 , as amended Road Traffic Act 1962, as amended Road Traffic (Construction and Use of Vehicles) Regulations 2010 The Police Act 1974, as amended The National Coast Guard Act 1988, as amended The Explosives Act 1959, as amended The Firearms Act 1949, as amended The Prevention of Terrorism Act 2002, as amended MEXA Logistics Conference – 6 th September 2010 Captain M.P. Alan STEPHEN Port Inspector -Mauritius Ports Authority Others??? National Regulations relating to International Maritime Dangerous Goods Transport

27. Occupational Safety and Health Act 2005 10. Risk assessment by employer 1) Every employer shall within 30 days of the start of operation of his undertaking, make a suitable and sufficient assessment of: a) any risk to the safety and health to which any employee is exposed whilst he is at work; and b) any risk to the safety and health of any person not in his employment arising out of or in connection with the conduct by him of his undertaking for the purpose of identifying the measures he needs to implement in order to comply with the requirements imposed upon him by this Act and any other enactment. Ports Act 1998 & Ports (Operations & Safety) Regs. 2005 Both require implementation of the IMDG Code IMDG Code NOW prescribes mandatory training of shore personnel Merchant Shipping Act 2007 Captain M.P. Alan STEPHEN Port Inspector -Mauritius Ports Authority MEXA Logistics Conference – 6 th September 2010

28. Ports Act 1998 4. Functions and duties of Authority (1) Subject to the provisions of his Act, it shall be the function and duty of the Authority as a landlord port, to: ……… . (c) regulate and control – .…….. (iii) pollution and protection of the environment within ports, and the enhancement of safety and security ; Ports (Operations & Safety) Regulations 2005 107. Marking, packing and labeling of dangerous goods No person shall bring into a port any dangerous goods, whether on a vessel or by land transport , unless the goods have been certified by the master or the agent of the vessel, or the consignor , or the carrier, that the goods have been properly marked, packed and labeled in accordance with the IMDG Code and with any specific requirement of the Authority in that respect. Captain M.P. Alan STEPHEN Port Inspector -Mauritius Ports Authority MEXA Logistics Conference – 6 th September 2010

29. Merchant Shipping Act 2007 Sub-Part III – Grain and dangerous goods 127. Carriage of dangerous goods (1) No person shall send or carry any dangerous goods in any ship , except in accordance with this Sub-Part and any regulations made under this Act. (2) No person shall send or carry in a Mauritius ship any dangerous goods without first distinctly marking their nature on the outside of their outermost package in such manner as may be prescribed and giving written notice of the nature of the goods and the name and address of the sender to the master or owner of the ship at or before the time of sending such goods to be shipped or carried on board the ship. Merchant Shipping Regulations NONE But Circulars from the Director of Shipping prescribe implementation of the IMDG Code in order to comply with s 127 of the MSA 2007. Captain M.P. Alan STEPHEN Port Inspector -Mauritius Ports Authority MEXA Logistics Conference – 6 th September 2010

30. Summary of presentation 1. What is the role of ports and Port Authorities in maritime transport of dangerous goods? 2. What are dangerous goods? 3. What is the regulatory framework for maritime transport of dangerous goods? Captain M.P. Alan STEPHEN Port Inspector -Mauritius Ports Authority MEXA Logistics Conference – 6 th September 2010

31. Captain M.P. Alan STEPHEN Port Inspector -Mauritius Ports Authority MEXA Logistics Conference – 6 th September 2010