When a provision of IMDG Code requires approval from competent authority this refers to section 7.9.2, Approvals, which includes approvals for packages, example packing instruction P099, approvals for segregation for two or more dangerous goods which must be segregated away from each other etc..

Special provision 76 of IMDG Code states “The transport of this substance shall be prohibited except with special authorization granted by the competent authority of the country concerned.”

Following entries in IMDG Code is assigned with special provision 76: UN 2249, 3097, 3100, 3126, 3127, 3128, 3129, 3130, 3131, 3132, 3133, 3135 and 3137.

Confusion

Germany has suggested to IMO’s SUB-COMMITTEE ON CARRIAGE OF CARGOES AND CONTAINERS, CCC, the wording of the SP76, competent authority of the country concerned, makes the referrer consider one authority’s approval is enough for entire journey of the cargo due to automatic acceptance by other competent authorities’ through who’s territories the goods will be in transit including multimodal transport.

However, UN  Nos 2249, 3097, 3100, 3127, 3133 and 3137, which has SP 76 in IMDG Code, is prohibited to be carried by road, rail and river in Europe (ADR/AND/RID). If a competent authority overlook this and grant approval the shipment will be refused at the seaport from where the onward journey is by road, rail or river which is prohibited.

For UN Nos UN 3126, 3128, 3129, 3130 and 3131 all provisions for transport is clear in IMDG Code, including stowage categories are assigned, which leaves no additional conditions to be laid down by a competent authority while granting an approval.

Clarity

Germany’s proposal to Sub- Committee is

1. Delete SP 76 for entries UN 3126, 3128, 3129, 3130, 3131, 3132, 3133, 3135 and 3137,
2. Assign stowage categories D/E to UN 3132, 3135
3. The transport of UN 2249, 3097, 3100, 3127, 3133 and 3137 to be prohibited

If UN 2249, 3097, 3100, 3127, 3133 and 3137 is to be transported then it must be done in accordance with provisions of exemptions, 7.9.1, in IMDG Code. If competent authority of port State of departure, the port State of arrival or the flag State has issued the exemption the recipient of the exemption, in accordance with provision 7.9.1.1, must inform all other competent authorities in concern prior the shipping takes place from origin.

For UN Nos UN 3132 and 3135 stowage categories are not assigned hence the task of a competent authority is to assign stowage provisions in the approval.

Republic of Korea has suggested replacing SP76 with SP900 for UN Nos. 2249, 3097, 3100, 3121, 3127, 3133, 3137 and 3255.

If accepted by Sub-Committee, these proposals will come in the 40^th Amendment of IMDG Code, which will be published in 2020.  

Meanwhile

Till such a time these proposals are accepted or some other clarification is adopted, competent authorities getting request from shippers for approval under SP 76 should show due diligence before granting approvals to avoid conflicting nature of current regulations in different modes of transport.

If you are a shipper, competent authority or a carrier having any concern on SP 76 to a particular shipment you may contact us for suggestion/clarification.