ICAO Dangerous Goods Inspector’s Workshop

1. ICAO Dangerous Goods Inspector’s Workshop GM 2 – Legislation Slide 1 Revision 05 – March 2008

2. ICAO Dangerous Goods Inspector’s Workshop GM-02 – Guidance Manual – Chapter 2 - Legislation Topics of Chapter 02 • 2.1 International Regulations • 2.2 National Regulations • 2.3 Reference Manuals Slide 2 Revision 05 – March 2008

3. ICAO Dangerous Goods Inspector’s Workshop GM-02 – Guidance Manual – Chapter 2 - Legislation Topics of Chapter 02 2.1 International Regulations Slide 3 Revision 05 – March 2008

4. ICAO Dangerous Goods Inspector’s Workshop GM-02 – Guidance Manual – Chapter 2 - Legislation 2.1 International Regulations 2.1.1 International Civil Aviation Organization, Annex 18 to the Convention on International Civil Aviation Slide 4 Revision 05 – March 2008

5. ICAO Dangerous Goods Inspector’s Workshop GM-02 – Guidance Manual – Chapter 2 - Legislation 2.1 International Regulations • 2.1.1.1 The Convention on International Civil Aviation (also known as Chicago Convention), was signed on 7 December 1944 by 52 States. • Pending ratification of the Convention by 26 States, the Provisional International Civil Aviation Organization (PICAO) was established. It functioned from 6 June 1945 until 4 April 1947. Slide 5 Revision 05 – March 2008

6. ICAO Dangerous Goods Inspector’s Workshop GM-02 – Guidance Manual – Chapter 2 - Legislation 2.1 International Regulations • By 5 March 1947 the 26th ratification was received. • ICAO came into being on 4 April 1947. • In October of the same year, ICAO became a specialized agency of the United Nations linked to Economic and Social Council (ECOSOC). Slide 6 Revision 05 – March 2008

7. ICAO Dangerous Goods Inspector’s Workshop GM-02 – Guidance Manual – Chapter 2 - Legislation 2.1 International Regulations • The Convention on International Civil Aviation set forth the purpose of ICAO: • "WHEREAS the future development of international civil aviation can greatly help to create and preserve friendship and understanding among the nations and peoples of the world, yet its abuse can become a threat to the general security; and Slide 7 Revision 05 – March 2008

8. ICAO Dangerous Goods Inspector’s Workshop GM-02 – Guidance Manual – Chapter 2 - Legislation 2.1 International Regulations • WHEREAS it is desirable to avoid friction and to promote that co-operation between nations and peoples upon which the peace of the world depends; Slide 8 Revision 05 – March 2008

9. ICAO Dangerous Goods Inspector’s Workshop GM-02 – Guidance Manual – Chapter 2 - Legislation 2.1 International Regulations • THEREFORE, the undersigned governments having agreed on certain principles and arrangements in order that international civil aviation may be developed in a safe and orderly manner and that international air transport services may be established on the basis of equality of opportunity and operated soundly and economically; Slide 9 Revision 05 – March 2008

10. ICAO Dangerous Goods Inspector’s Workshop GM-02 – Guidance Manual – Chapter 2 - Legislation 2.1 International Regulations • Have accordingly concluded this Convention to that end.“ • 2.1.1.2 The Convention is supported by eighteen annexes containing standards and recommended practices (SARPs). The annexes are amended regularly by ICAO. Slide 10 Revision 05 – March 2008

11. ICAO Dangerous Goods Inspector’s Workshop GM-02 – Guidance Manual – Chapter 2 - Legislation 2.1 International Regulations • 2.1.1.3 Annex 18 was developed to respond to a demand by Contracting States for an internationally agreed upon set of provisions addressing the transportation of dangerous goods by air. Slide 11 Revision 05 – March 2008

12. ICAO Dangerous Goods Inspector’s Workshop GM-02 – Guidance Manual – Chapter 2 - Legislation 2.1 International Regulations • These provisions are based upon the Recommendations of the United Nations Committee of Experts on the Transport of Dangerous Goods and the Regulations for the Safe transport of Radioactive Material of the International Atomic Energy Agency. Slide 12 Revision 05 – March 2008

13. ICAO Dangerous Goods Inspector’s Workshop GM-02 – Guidance Manual – Chapter 2 - Legislation 2.1 International Regulations UN Recommendations on the TRANSPORT OF DANGEROUS GOODS Model Regulations Slide 13 Revision 05 – March 2008

14. ICAO Dangerous Goods Inspector’s Workshop GM-02 – Guidance Manual – Chapter 2 - Legislation 2.1 International Regulations IAEA Regulations for the Safe Transport of Radioactive Material 1996 Edition (Revised) No. TS-R-1 (ST-1, Revised) Slide 14 Revision 05 – March 2008

15. ICAO Dangerous Goods Inspector’s Workshop GM-02 – Guidance Manual – Chapter 2 - Legislation 2.1 International Regulations Slide 15 Revision 05 – March 2008

16. ICAO Dangerous Goods Inspector’s Workshop GM-02 – Guidance Manual – Chapter 2 - Legislation 2.1 International Regulations • All amendments to Annex 18 are approved by the Council following a recommendation from the Dangerous Goods Panel of the Air Navigation Commission and consultation with States. Slide 16 Revision 05 – March 2008

17. ICAO Dangerous Goods Inspector’s Workshop GM-02 – Guidance Manual – Chapter 2 - Legislation 2.1 International Regulations 2.1.2 ICAO Technical Instructions for the Safe transport of Dangerous Goods by Air Slide 17 Revision 05 – March 2008

18. ICAO Dangerous Goods Inspector’s Workshop GM-02 – Guidance Manual – Chapter 2 - Legislation 2.1 International Regulations • 2.1.2 International Civil Aviation Organization Technical Instructions • 2.1.2.1 The International Civil Aviation Organization Technical Instructions for the Safe transport of Dangerous Goods by Air contain the detailed technical material needed to support the broad provisions of Annex 18 providing a fully comprehensive set of international regulations. Slide 18 Revision 05 – March 2008

19. ICAO Dangerous Goods Inspector’s Workshop GM-02 – Guidance Manual – Chapter 2 - Legislation 2.1 International Regulations • The ICAO TI’s can also be amended by the Council, following a recommendation from the Dangerous Goods Panel of the Air Navigation Commission. Slide 19 Revision 05 – March 2008

20. ICAO Dangerous Goods Inspector’s Workshop GM-02 – Guidance Manual – Chapter 2 - Legislation 2.1 International Regulations • The Standard and Recommended Practices are contained in the Annex 18 and the Technical Instructions contain all the detailed instructions for the safe transport of dangerous goods by air. Slide 20 Revision 05 – March 2008

21. ICAO Dangerous Goods Inspector’s Workshop GM-02 – Guidance Manual – Chapter 2 - Legislation 2.1 International Regulations Annex 18 CHAPTER 3. CLASSIFICATION • “The classification of an article or substance shall be in accordance with the provisions of the Technical Instructions.” Slide 21 Revision 05 – March 2008

22. ICAO Dangerous Goods Inspector’s Workshop GM-02 – Guidance Manual – Chapter 2 - Legislation 2.1 International Regulations • They are published biennially. 2005-2006 Edition 2007-2008 Edition 2009-2010 Edition Slide 22 Revision 05 – March 2008

23. ICAO Dangerous Goods Inspector’s Workshop GM-02 – Guidance Manual – Chapter 2 - Legislation 2.1 International Regulations 2.1.3 ICAO Supplement to the Technical Instructions for the Safe Transport of Dangerous Goods by Air Slide 23 Revision 05 – March 2008

24. ICAO Dangerous Goods Inspector’s Workshop GM-02 – Guidance Manual – Chapter 2 - Legislation 2.1 International Regulations • 2.1.3 International Civil Aviation Organization Supplement to the Technical Instructions • 2.1.3.1 The Supplement to the Technical Instructions for the Safe Transport of Dangerous Goods by Air provides information that is primarily of interest to States. Slide 24 Revision 05 – March 2008

25. ICAO Dangerous Goods Inspector’s Workshop GM-02 – Guidance Manual – Chapter 2 - Legislation 2.1 International Regulations • Certain dangerous goods, which are normally forbidden (identified in Table 3-1 of the TI’s by Special Provision A-1, A-2 or A-109), may be specifically authorized for air transport by approval of the appropriate national authority. • The Supplement to the TI’s provides information to State for the processing of approvals or exemptions. Slide 25 Revision 05 – March 2008

26. ICAO Dangerous Goods Inspector’s Workshop GM-02 – Guidance Manual – Chapter 2 - Legislation 2.1 International Regulations Slide 26 Revision 05 – March 2008

27. ICAO Dangerous Goods Inspector’s Workshop GM-02 – Guidance Manual – Chapter 2 - Legislation 2.1 International Regulations UN1089 Acetaldehyde FORBIDDEN Slide 27 Revision 05 – March 2008

28. ICAO Dangerous Goods Inspector’s Workshop GM-02 – Guidance Manual – Chapter 2 - Legislation 2.1 International Regulations A1 This commodity may be transported on passenger aircraft only with the prior approval of the appropriate authority of the State of Origin under the written conditions established by that authority. The conditions must include the quantity limitations and packing requirements and these must comply with S-3;1.2.2 of the Supplement. Slide 28 Revision 05 – March 2008

29. ICAO Dangerous Goods Inspector’s Workshop GM-02 – Guidance Manual – Chapter 2 - Legislation 2.1 International Regulations S3;1.2.2 In the case of Special Provision A1, dangerous goods may be transported on passenger aircraft with the prior approval of the appropriate authority of the State of Origin provided that the quantity per package does not exceed the quantity shown in Table S-3-1 and the packing is in accordance with the packing instruction indicated by Table S-3-1. Slide 29 Revision 05 – March 2008

30. ICAO Dangerous Goods Inspector’s Workshop GM-02 – Guidance Manual – Chapter 2 - Legislation 2.1 International Regulations The detailed requirements of the packing instruction are given in Part S-4, unless they already appear in the Technical Instructions. A copy of the document of approval showing the quantity limitations and packing requirements must accompany the consignment. Approval is not required for transport on cargo aircraft in these cases. Slide 30 Revision 05 – March 2008

31. ICAO Dangerous Goods Inspector’s Workshop GM-02 – Guidance Manual – Chapter 2 - Legislation 2.1 International Regulations Slide 31 Revision 05 – March 2008

32. ICAO Dangerous Goods Inspector’s Workshop GM-02 – Guidance Manual – Chapter 2 - Legislation 2.1 International Regulations 1 Litre UN1089 Acetaldehyde Slide 32 Revision 05 – March 2008

33. ICAO Dangerous Goods Inspector’s Workshop GM-02 – Guidance Manual – Chapter 2 - Legislation Topics of Chapter 02 2.2 National Regulations Slide 33 Revision 05 – March 2008

34. ICAO Dangerous Goods Inspector’s Workshop GM-02 – Guidance Manual – Chapter 2 - Legislation 2.2 National Regulations • 2.2.1 It is assumed that Annex 18 and the International Civil Aviation Organization Technical Instructions for the Safe Transport of Dangerous Goods by air are included directly or by reference in the National Regulation. • In absence of reference in the National Regulation, legal guidance should be sought to develop an appropriate legal framework. Slide 34 Revision 05 – March 2008

35. ICAO Dangerous Goods Inspector’s Workshop GM-02 – Guidance Manual – Chapter 2 - Legislation 2.2 National Regulations • Malaysia Civil Aviation Regulations 1996 PART VII - OPERATION OF AIRCRAFTChapter 5 : General Provisions • (1) Subject to subregulation (2) to (8), the relevant provisions of Annex 18 and the ICAO Technical Instructions for the Safe Transport of Dangerous Goods by Air (hereinafter referred to as "the Technical Instructions"), as amended from time to time, shall apply to … Slide 35 Revision 05 – March 2008

36. ICAO Dangerous Goods Inspector’s Workshop GM-02 – Guidance Manual – Chapter 2 - Legislation 2.2 National Regulations • … the transport of dangerous goods in an aircraft to, from or through the territory under the jurisdiction of Malaysia or to their transport in an aircraft operated by the holder of an air operator's certificate issued in Malaysia, wherever the goods may be, except as provided in subregulation (10). Slide 36 Revision 05 – March 2008

37. ICAO Dangerous Goods Inspector’s Workshop GM-02 – Guidance Manual – Chapter 2 - Legislation 2.2 National Regulations • Australia Civil Aviation Safety Regulations 1998  • "92.025 Compliance with Technical Instructions – operators • (2) It is a condition of the carriage of dangerous goods on an aircraft that the operator of the aircraft complies with: • (a) the requirements (if any) of the Technical Instructions limiting the quantity of such goods that may be carried on the aircraft; or..." Slide 37 Revision 05 – March 2008

38. ICAO Dangerous Goods Inspector’s Workshop GM-02 – Guidance Manual – Chapter 2 - Legislation Topics of Chapter 02 2.3 Reference Manuals Slide 38 Revision 05 – March 2008

39. ICAO Dangerous Goods Inspector’s Workshop GM-02 – Guidance Manual – Chapter 2 - Legislation 2.3 Reference Manuals • 2.3.1 Whilst this procedures manual only makes reference to the Technical Instructions, in order to carry out some of the inspections identified, it may be necessary to use one of the reference manuals most commonly used by the operators, among these are: Slide 39 Revision 05 – March 2008

40. ICAO Dangerous Goods Inspector’s Workshop GM-02 – Guidance Manual – Chapter 2 - Legislation 2.3 Reference Manuals • the International Air Transport Association's “Dangerous Goods Regulations” (IATA Regulations), and Slide 40 Revision 05 – March 2008

41. ICAO Dangerous Goods Inspector’s Workshop GM-02 – Guidance Manual – Chapter 2 - Legislation 2.3 Reference Manuals • Labelmaster’s “Air International Regulations for Shippers of Dangerous Goods” (AIR Shippers) Slide 41 Revision 05 – March 2008

42. ICAO Dangerous Goods Inspector’s Workshop GM-02 – Guidance Manual – Chapter 2 - Legislation 2.3 Reference Manuals • 2.3.2 Both documents must reflect as a minimum, all the ICAO Technical Instructions provisions. Slide 42 Revision 05 – March 2008

43. ICAO Dangerous Goods Inspector’s Workshop GM-02 – Guidance Manual – Chapter 2 - Legislation End of Unit GM-02 Daniel J. Sylvestre Superintendent, Dangerous Goods TRANSPORT CANADA National Operations – Airlines Division Tel: 1 (514) 633-3116 / Fax: 1 (514) 633-3717 Email: sylvesd@tc.gc.ca Web: www.tc.gc.ca 700 Leigh Capreol, Suite 2093 (NAROA), Dorval, Quebec H4Y 1G7, CANADA Government of Canada Slide 43 Revision 05 – March 2008