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General organisation Supervision on the transport of dangerous goods in the Netherlands. Hennie van der Stokker www.ilent.nl. Legal Position of the Human Environment and Transport Inspectorate
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General organisation Supervision on the transport of dangerous goods in the Netherlands Hennie van der Stokker www.ilent.nl
Legal Position of the Human Environment and Transport Inspectorate • is part of the Ministry of Infrastructure and the Environment and an independent inspection entity of the Ministry • Some historical facts: • The State Traffic Inspectorate (RVI) was established by Royal Decree at 1936 • In 1992 the Dangerous Goods Inspector Corps (established at 1886) joined the RVI
Legal Position of the Inspectorate On the 1st of July 2001 the State Traffic Inspectorate RVI merged with the other inspectorates of the Ministry of Transport, Water Management and Public Works into the: Transport and Water Management Inspectorate In 2012 the Ministry of Transport, Public Works and Water Management merged with the Ministry of Housing and Environment 1-1-2012: Inspectorates of both ministeries are merged: Human Environment and Transport Inspectorate
The old situation versus the current situation Ministry Ministry Inspectorate policy execution (licencing & certifying) policy making policy making policy execution (licencing & certifying) policy enforcement policy enforcement old current
TheHuman Environment and Transport Inspectorate monitors and promotes compliance with both national and European legislation and regulations in favour of a safe and sustainable: • Human environment • Transport
Human Environment: Safety of building constructions and drinking water Minimization of risks of hazardous substances and industries Proper processing of waste and the prevention and clean-up of contaminated soil and water Human Environment and Transport Inspectorate
Transport: • Transport by road, rail, water and air • Rail and Aviation infrastructure • Rest and driving (sailing/flying) times • Professional competence (training of personnel) Human Environment and Transport Inspectorate
Core activities • Issuing permits / certificates / exemptions • Enforcing the law • Supervising • Investigating • Reporting incidents • Investigating accidents • … in partnership with other (non) governmental bodies (where ever possible). Human Environment and Transport Inspectorate
Current forms of supervision • Horizontal supervision (through voluntary agreements = convenant) • Systemic supervision (conducting audits) • Reality checks (site and object inspections) Human Environment and Transport Inspectorate
In the event of non-compliance, we … • make recommendations • issue warnings • impose administrative sanctions such as fines or penalty payments • take enforcement action, includingwithdrawal of permits • arrangements with public sector • rewards • information
Planning and accountability • Multi-annual plan • Supervision programme based on risk analyses • Annual report Human Environment and Transport Inspectorate
take on new challenges meet changingdemand developnew forms of supervision internationalisation technological developments So we need to: A changing world, context
Strategy for the future • Greater collaboration with other inspectorates and enforcement counterparts • Improve service to subjects of inspection • Supervision policy: • founded on trust • based on risk selection • Reduction of administrative burden • Knowledge development • Reducing organisation • More interaction with public companies Human Environment and Transport Inspectorate
Legislation in the Netherlands Act on transport of dangerous goods Ordinance Carriage of Dangerous Goods: Ministerial Decree: *appendix 1 = ADR / RID / ADN / ADNR *appendix 2 = national regulations *appendix 3 = national authorities
Act on transport of dangerous goods • Integral basis for legislation of the inland transport (road, rail and inner waterways) • Applicable to all transport acts: • loading, unloading, leaving parked, moored of conveyances, offer and acceptance of dangerous substances, deposit of dangerous substances during their carriage, packing, filling, exploiting of a container, tank, packaging, conveyance, receipt of DG and security
(Amendments of) ADR / RID / ADN: Ministerial Decree: Signed by the Minister (every two year) Published in the Government Gazette (coming into force) Translation of all international amendments in Dutch language: one integrated (consolidated) text of ADR / RID / ADN / ADNR
2008/68/EC 95/50/EC and 2004/112/EC 2010/35/EC 94/63/EC
95/50/EC and 2004/112/EC • Uniform procedures for checks on the transport of DG by road • Harmonisation of checks on the transport of • dangerous goods: • Intensity • Number • Execution • Settlement of checks
Basic principles for the execution of our inspections on DG • Multimodal: • inspections • at logistic junctions (terminals) • Riskbased • Concluding of convenants • Object / Company inspections
Annual (joint) program: (transport) of dangerous goods • Carried out by several enforcement entities within ILT: • ILT/Rail and Road Transport • ILT/Netherlands Shipping Inspectorate • ILT/Civil Aviation Authority the Netherlands • ILT/Hazardous Substances and Products • ILT/ Hazardous Industry Domain specific Multimodal inspections
Multimodal inspections • Companies • Packages / Tank(containers) • Recognized bodies • Fireworks • Reporting of incidents transport of dangerous goods • Dangerous waste • Stowage • Junctions (ECT terminal, Schiphol airport, Rail Terminals) • Classification of DG (sampling) Human Environment and Transport Inspectorate
Domain specific inspections (Road and Rail) • Road inspections • Railway inspections • Weather circumstances • Drip leakage of railwagons (shunting yard Kijfhoek) • Leaving of railway wagons during transport (railway yards)
Domain specific inspections (Shipping) • Inspections on ships • IMBSC-Code (IIMDG-Code) • Board – Board transfers • Degassing of inland water vessels • Stability of ships • Bunker oil inland waterways
Domain specific inspections (Air) • Inspections on the airside + ground handlers • Transit of freight supplies • Inspections on reporting of incidents with DG • Redesign Cargo
Business service • Exemptions and approvals • Approvals for segregation • Reporting of radioactive materials • Approvals of explosives in ports (ministerial order) • Authorisations of fireworks
Practice of our inspections • Safety first! Use of personal safety equipment • Gas measurement will be carried out according to protocol ILT • Inspection according to ADR, IMDG-Code, ADN or RID • Doubts about classification: sampling by ILT Human Environment and Transport Inspectorate
In the event of non-compliance (in general) • Make recommendations • Issue warnings • Impose administrative sanctions such as fines or penalty payments • Take enforcement actions, includingwithdrawal of permits • Public disclosure (naming / shaming) • Seizure of vehicles / packages etc. (high costs for restore activities) Human Environment and Transport Inspectorate
At the end of our inspections: Compliance is improved Transport of DG is in accordance with all regulations Human Environment and Transport Inspectorate
Questions / Notifications etc. Information Centre: +31 (0)88 - 489 00 00 www.ilent.nl