1 1 İzzet ISIK Ministry of Transport, Republic of Turkey Turkey’s Experience on the Accession to ADR Convention (Lessons Learned)

2 2 Turkey became a party to the European Agreement on International Carriage of Dangerous Goods by Road (ADR) on 22 March 2010.

3 Turkey’s Experience on the Accession to ADR Convention 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)

4 Turkey’s 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.

5 The ADR agreement and its Annexes A and B were first translated into Turkish in 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. Turkey’s Experience on the Accession to ADR Convention Ratification Process

6 Turkey’s Experience on the Accession to ADR Convention  For shorten the ratification process…finding 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.

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 ROAD Directive 2008/68/EC ROAD + RAIL + Inland waterways are repealed as from 30 June 2009 by

8 Turkey’s 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 But, The regulation will enter into force step by step starting from 2011 to  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.

9 Turkey’s 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, o Ministry of Interior; responsible for road-side checks, o Ministry for Industry and Trade; responsible for type-approval and testing of road vehicles and pressurized tanks, o 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)

10 Turkey’s 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 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, NGO’s. 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.

11 DRIVERS TRAINING -Chapter 8.2 ADR o Approving of the training centers/courses o Drafting of the questions sets o Evaluating of the candidates o Issuing of the Certificate DGLT+GAZI UNIVERSITY PC Center DGLT-Land Transport (Competent Authority) Basic Course Specialization C. Tanks Spec. Class 1 Spec. Class 7  A Ministerial Communiqué regulating the training of the professional drivers was published on 17 June 2010.

12 Turkey’s 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.

13 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

14 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. Obviously, all of these activities require technical and political commitment, sufficient time and staff. Turkey’s Experience on the Accession to ADR Convention