New regulation : local regulations, valid until September 2 2016.
We have a change in local regulations, valid until September 2.
It was introduced on the occasion of changes in Law on Energy. There was no consultation between ministries and public. Today I was at the meeting in the Ministry Infrastructure and Development (MIiR) in this case. MIiR could not determine the creators of the new changes (parliamentary political draft – PIS), probably they want to control on the Polish market of fuels.
Article 13 of the Act amending the Act – Energy Law and certain other acts introduces a change in the Law Act of the Transport of dangerous goods (for ADR / RID / ADN) and in Article 13 is a new paragraph 2 (attached)
“2. The participant in the carriage of dangerous goods is required to indicate in the transport documents accordingly in the ADR, RID or ADN the name and address of the owner (dg) at the time of transport dangerous goods of the person performing the carriage” (the carrier).
MIiR sent to the Road Inspection (ITD) a request for non-punishment the participants in the carriage of dangerous goods if they do not indicate owner of the goods on documents (penalty for the wrong transport document is 300 zł for consignor and also for carrier – unofficial).
But un Poland the Custom Service also can control and impose penalties (2 years prison)
MIiR has plans to apply to the Ministry of Energy with a request for clarification of the recording/ provision (maybe this requirement only for transportation of fuel in tanks) or total delete of the new provision.
Therefore, at present is mandatory to mentioned the owner of the all dangerous goods (with name and address) in the transport document for road/rail transportation.
– Must the carrier also hold a permit resp. has to be notified?
No. Only The supplier (consignor) and the consignee. They have also prepare declaration of shipment (I attached polish regulation, at the end of a declaration)
– Must the carrier also hold a special decision?
No. Only the consignor of the shipment
– Carrier cross-border: It is not necessary to be notified resp. to hold a permit; correct?
Carrier needs also notification and document transmission (but this is the UE Regulation)
In accordance with the 1013/2006 Regulation, to obtain the consent authority of destination must first notification to the competent authority of dispatch (shipment). The notification should take the form compatible with the standard form attached to the Regulation (Annex IA to the Regulation).
After of a properly made the notification the competent authority of dispatch shall retain a copy and forward the application within three working days to the competent authority of destination with copies to any competent authority of transit and notify the applicant that he has made the transfer.
The competent authorities of dispatch, destination and transit may, within 30 days of the dispatch of the acknowledgment by the competent authority of destination, in accordance with Art. 8, lay down conditions for their consent to a notified shipment.
Such conditions may be based on one or more of the reasons set out in Art. 11 or 12. These articles contain a directory basis, allowing the competent authority of destination may object to shipments of waste destined for disposal (Art. 11) or recovery (Art. 12). When the competent authorities give their consent to a notified shipment, all the participating companies must fill out the document transmission. Art. 16 of Regulation 1013/2006 provides a detailed catalog of duties that stakeholders must complete.