Izzet ISIK

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Turkeys Experience on the Accession to ADR
Convention (Lessons Learned)
Izzet ISIK Ministry of Transport, Republic of
Turkey
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Turkey became a party to the European Agreement
on International Carriage of Dangerous Goods by
Road (ADR) on 22 March 2010.
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Turkeys Experience on the Accession to ADR
Convention
2010
2004

• The ratification process takes part in three main
  stages.
• Procedures to be completed at the Ministerial
  Level,
• at the Parliament level,
• at Prime Ministry Level (Council of Ministers).
• Whole text translated into Turkish language by
  the relevant Ministry,
• Six approved copies are send to Ministry of
  Foreign affairs,
• Checked by Legal Affairs Department,
• Submitted to the Turkish Grand National Assembly
  (TGNA)
• with justification to be discussed at Sub
  Commissions (Transport and Foreign Affairs
  commissions)
• submitted to approval of Parliament (TGNA)
• the law for accession to Agreement is ratified by
  Parliament(and published in the Official Gazette)

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Turkeys Experience on the Accession to ADR
Convention

• Third stage.
• The Directorate General for Laws and Decisions
  under the Prime Ministry, checks the translated
  texts for punctuation, unity and spelling errors.
  
• If necessary, remarks, improvements and
  corrections could be made at this stage.
• the legal text is send to the Council of
  Ministers for decision to be published in the
  Official Gazette.

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Turkeys Experience on the Accession to ADR
Convention

• The ADR agreement and its Annexes A and B were
  first translated into Turkish in 2004.
• the difficulties
• translating such a big volume of the text,
• providing the unity in the technical terms and
  definitions.
• The Law for accession to the (ADR) was ratified
  by Turkish Grand National Assembly on 30 November
  2005 and was promulgated in the Official Journal
  on 6 December 2005 (Law No 5434). (second stage)
  
• After that , at the third stage, the text of
  Agreement was reviewed by the experts at the
  Prime Ministry, Directorate General for Laws and
  Decisions, and decided to improve the text for
  providing the unity, comprehensiveness,
  consistence, and for elimination of errors etc.
  
• Then, Annexes A and B were reviewed and improved
  by a Steering Committee established by the MoT.
  With the support of Union of Chambers of Commerce
  (TOBB) the text was revised and improved once
  again.
• Annexes A and B of the ADR Agreement were finally
  promulgated in the Official Journal on 30 October
  2009 upon receiving the decision of Council of
  Ministers.

2004
2010
Ratification Process
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Turkeys Experience on the Accession to ADR
Convention

• For shorten the ratification processfinding a
  new possible way..
• We have submitted the 1993 Protocol to the
  Parliament, to be ratified with a law.
• But we have asked for decision of Parliament to
  give Authority to the Council of Ministers for
  approving and publishing the amendments made to
  ADR Annexes A and B (every 2 years), in the
  Official Gazette without a Parliamentary
  decision.
• By this way, we expect to respond more quick to
  harmonize the amendments to our national
  legislation.

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ROAD
New (By-Law) National Regulation was prepared
which is in line with ADR and the EU Directives.
Dangerous Goods
EU Directives
95/50/EC
94/55/EC
96/35/EC
2000/18/EC
ROAD RAIL Inland waterways
are repealed as from 30 June 2009 by
Directive 2008/68/EC
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Turkeys Experience on the Accession to ADR
Convention

• The Regulation on Transport of Dangerous Goods by
  Road was published in the Official Journal on 31
  March 2007.
• But, The regulation will enter into force step by
  step starting from 2011 to 2014.
• The Regulation Entered into force from 1 of
  January 2011
• Transition period for implementation of
  provisions on marking, labeling and packing until
  1 January 2012
• Transition period for provisions on road vehicles
  and units until 1 January 2013
• The major reason for this is that, the domestic
  transport sector needs a sufficient time to adopt
  its current situation to the provisions stated in
  the Regulation.
• Need time to establish the necessary system for
  full implementation.

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Turkeys Experience on the Accession to ADR
Convention

• The ADR is a multidisciplinary agreement,
  involving several institutions like
• Ministry of Transport, the competent authority,
  regulating, coordinating, monitoring the impl. of
  ADR,
• Ministry of Interior responsible for road-side
  checks,
• Ministry for Industry and Trade responsible for
  type-approval and testing of road vehicles and
  pressurized tanks,
• Ministry of Environment and Forestry responsible
  for disposal of hazardous materials, safety
  guides and forms.
• Ministry of Health/ Ministry of Agriculture
  Toxic and infectious substances (Class 6)
• Ministry of Energy (TAEI) Radioactive
  materials (Class 7)

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Turkeys Experience on the Accession to ADR
Convention

• Directorate General for Land Transport, the
  competent authority, under the Ministry of
  Transport
• have initiated necessary procedures to share the
  responsibilities among the relevant stakeholders.
  
• Holding Working meetings among various state
  entities and organizations
• discussed the draft regulation in conferences
  held between 2006-2010.
• Carried out a survey to identify the relevant
  stakeholders, and their areas of responsibility.
• In 20 March 2008, the 1st Dangerous Goods Summit
  convened in Istanbul with participation of all
  related sate institution and stakeholders, NGOs.
  
• The technical support was received under EU
  financed Projects (Service, Twinning and TAIEX)
  during this period. is an on going process.
• Transport of Dangerous Goods Platform was
  established (NOG platform under TOBB)-- consider
  the needs of stake holders, increase the
  awareness.

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DRIVERS TRAINING-Chapter 8.2 ADR

• A Ministerial Communiqué regulating the
  training of the professional drivers was
  published on 17 June 2010.

• Approving of the training centers/courses
• Drafting of the questions sets

DGLT-Land Transport (Competent Authority)

• Evaluating of the candidates
• Issuing of the Certificate

DGLTGAZI UNIVERSITY PC Center

• Basic Course
• Specialization C. Tanks
• Spec. Class 1
• Spec. Class 7

renewal
5 years
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Turkeys Experience on the Accession to ADR
Convention

• A new distinct department under the Ministry of
  Transport will be established.
• Department for Transport of Dangerous Goods,
  which will deal with the transport of dangerous
  goods by means of all transport modes.
• i.e to regulate, monitor and inspect the
  transport of dangerous goods by, road, rail, air,
  sea and inland waterways, from a single unit.

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Activities of the National Authority

• Necessary additional national legislation and
  administrative arrangements.
• Definition and Organization of competent
  authorities
• Fixed competence of authorities
• Legislation for enforcement and fines
• Trained enforcement officers
• Procedures for approval, testing and
  periodical inspections of vehicles, tanks and
  packaging
• Procedures for exemptions
• Close cooperation between participants and
  authorities
• Legislation for Dangerous Goods Safety
  Advisers (DGSAs)
• Transportable Pressure Equipments
  (TPEs)already in place
• Defining routes and parking areas.
• Clearly arranged regulation, preferably one
  law for all modes of transport

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Turkeys Experience on the Accession to ADR
Convention

• From our experience
• We think that different Consulting Committees
  should be established to work on the specific
  subjects such as
• Classification of the dangerous goods and
  loading/unloading rules
• Packaging of the dangerous goods, production and
  approval of the packages
• Approval, testing, periodic inspection of the
  vehicles and other technical transport units
• Class 1-Explosive substances and articles
• Class 7-Radioactive material
• Class 6.2-Infectious substances
• Trainings
• Routes, parking areas
• Derogations
• Evaluation of the risks and the accidents
• Translation/checking of ADR and latest Annexes
  by committee
• Each Consulting Committee should consist of
  different experts from various institutions like
  public institutions, private sector, stake
  holders, universities.
• A Steering Committee which supervises all
  Consulting Committees.