Carriage, Handling and Storage of Dangerous Goods along

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118 RECOMMENDATIONS • ILO Code of Practice on Safety and Health in Ports, 2003; • IMO Revised Recommendations on the Safe Transport of Dangerous Cargoes and Related Activities in Port Areas, 2006. The abovementioned instruments were also discussed in Volume I. They contain general rules on the transportation of dangerous goods and include binding provisions. As a result, they should be taken into account when drafting recommendations on a legal framework for the transport of dangerous goods on the Mekong. The second layer of the legal framework consists of national laws and regulations. The Mekong Basin comprises six countries, namely Cambodia, Lao PDR, Thailand, Viet Nam, the People’s Republic of China and Myanmar. Four nations of the Mekong Basin – Cambodia, the Lao PDR, Thailand, and Viet Nam – are members of the Mekong River Commission (MRC). These countries have their own laws and regulations that impact on the transportation of dangerous goods on the Mekong River. In Volume I, relevant national laws and regulations were therefore inventoried and briefly discussed. It was noted that Viet Nam has the most extensive legal instruments for IWT, several of which have a bearing on the transportation of dangerous goods on the Mekong. Cambodia and Lao PDR are currently in the process of drafting IWT rules and regulations. Thailand has several laws and regulations of relevance to IWT, but there is almost no Thai legislation concerning the carriage of dangerous goods on the Mekong River. The Risk Analysis revealed a number of serious gaps and flaws in the current legal framework related to the transport of dangerous goods on the Mekong. On the one hand, the international instruments related to the Mekong contain only a limited number of provisions on dangerous goods, and mechanisms to establish common rules have not yet been used to their full potential. On the other hand, the international instruments pertaining to the transportation of dangerous goods by water are not specifically designed to regulate the transportation of dangerous goods on the Mekong and cannot be directly relied upon without adaptation and/or implementing measures. Furthermore, existing national laws and regulations are often insufficiently implemented and not properly enforced. For instance, it is reported that the labeling of dangerous goods – although required by national law – is not always carried out correctly and that in this regard, existing legal requirements are not always followed. It was also reported that there is a lack of qualified inspectors and that there are no guidelines to assist private port and petroleum companies. The present situation may give rise to inadequate conduct by companies operating along the river and vessel operators. In view of the projected increase of traffic on the Mekong, especially transportation of dangerous goods, the need for an up-to-date and harmonised legal framework as well as for enhanced institutional capacity of national line agencies to monitor and ensure compliance is bound to become more pressing. The recommendations below focus on rather technical issues, especially mechanisms to improve the current legal framework. The substance of new legal instruments should be based on the recommendations formulated in the other chapters, to which it may suffice to refer. 5.2 PREPARATION OF RECOMMENDATIONS The Risk Analysis elaborated on international benchmarks for the carriage of dangerous goods on the Mekong. Particular attention was paid to the International Maritime Dangerous Goods (IMDG) Code and to the European Agreement concerning the International Carriage of Dangerous Goods by Inland Waterways (ADN). The IMDG Code was developed by the International Maritime Organization (IMO) in order to assist the Contracting States to the SOLAS Convention in issuing instructions to the vessels under their flag concerning the carriage of dangerous goods. While originally designed merely to provide assistance in the implementation of the SOLAS Convention, the IMDG Code is now binding.
LEGAL FRAMEWORK 119 Some of the existing instruments relating to navigation on the Mekong expressly refer to the IMDG Code. This is the case for the Rules on Water Transport Administration on the Lancang-Mekong River (Article 17) as well as for the Agreement on Waterway Transportation (Article 2 (15)). Cambodia, Thailand and Viet Nam comply with the IMDG Code at maritime ports. Furthermore, the IMDG Code was referred to in the Risk Assessment (Volume I). The European Agreement concerning International Carriage of Dangerous Goods by Inland Waterway (ADN) was signed on 26 May 2000 and entered into force on 29 February 2008. The ADN applies to the international carriage of dangerous goods by vessels on inland waterways. The ADN plays a key role in the general tendency towards harmonisation of rules on the transportation of dangerous goods by inland waterways in Europe. Some countries in the Mekong Basin, such as Cambodia and Viet Nam, have adopted or are close to adopting rules on the transport of dangerous goods by inland waterways that show remarkable similarities with the ADN agreement. Moreover, Article 5 of the draft Prakas on Technical Requirements for Carriage of Dangerous Goods by Inland Waterway in the Kingdom of Cambodia explicitly refers to the ADN and stipulates: • Carriage of dangerous goods in the inland waterway shall be applied to European Agreement concerning the international carriage of dangerous goods by inland waterway ADN. A comparison of the legal framework related to the transport of dangerous goods on the Mekong with the international benchmarks (IMDG and ADN) reveals that – with the exception of the Cambodian law in preparation – the current framework is deficient, with important gaps and major differences between the riparian countries. The current legal regime does not contain provisions on, inter alia, dangerous goods packed in limited quantities, construction and testing of packaging, training of crew (with the exception of Viet Nam), rules for the construction of vessels and segregation of dangerous goods (with the exception of Viet Nam). As a result, it appears that there is a case for the establishment of comprehensive, harmonised and up-to-date legal rules on the transportation of dangerous goods along the Mekong River. This feeling is shared by all MRC Member Countries, which have identified the development of harmonised rules and regulations for the transportation of dangerous goods along the Mekong River as a high priority. 5.3 RECOMMENDATIONS ON LEGAL ASPECTS 5.3.1 Harmonisation of Rules, Regulations and Standards RECOMMENDATION Rules and regulations on the waterborne carriage, handling and storage of dangerous goods along the Mekong River should be harmonised. CHALLENGE Currently, each riparian country is responsible for the adoption of national rules and regulations on the waterborne carriage, handling and storage of dangerous goods for its own stretch of the Mekong River. The Risk Analysis pointed out that this has led to important differences between riparian countries with regard to their legal framework.
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2 3 5.1 CARRIAGE, HANDLING AND STOR
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ACKNOWLEDGMENTS Key MRC staff, memb
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CONTENTS ACRONYMS AND ABBREVIATIONS
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CONTENTS III 3.3.3.2 Safety Managem
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ACRONYMS AND ABBREVIATIONS ADN Acco
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ILO International Labor Organisatio
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PPE Personal Protective Equipment P
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DEFINITIONS Administration: means t
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DEFINITIONS XIII Loading arm: an ar
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EXECUTIVE SUMMARY RECOMMENDATIONS (
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1. FROM RISK ANALYSIS TO RECOMMENDA
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FROM RISK ANALYSIS TO RECOMMENDATIO
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FROM RISK ANALYSIS TO RECOMMENDATIO
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1.3.3 Enforcement and Compliance FR
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2. PORTS AND TERMINALS 2.1 INTRODUC
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HAZARD HOT WORK RECOMMENDATIONS FOR
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2.3 RECOMMENDATIONS FOR PREVENTION
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PORTS AND TERMINALS 15 The ISPS Cod
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ACTIONS Technical and Management PO
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PORTS AND TERMINALS 19 • OISD-STD
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ACTIONS Technical and Management (c
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PORTS AND TERMINALS 25 Fire and gas
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References ILO Code of Practice on
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For the segregation table the follo
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2.3.4.3 Monitoring and Control of D
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References International Safety Gui
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2.3.4.6 Drug and Alcohol Policy REC
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Tier 1 PORTS AND TERMINALS 41 • S
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PORTS AND TERMINALS 43 • Planning
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PORTS AND TERMINALS 45 • Dangerou
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Technical and Management (continued
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2.4.2.2 Portable and Mobile Firefig
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3. VESSELS 3.1 INTRODUCTION RECOMME
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VESSELS 59 Priority levels are base
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References VESSELS 61 • ADN (Euro
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VESSELS 63 collisions. If a VTS sys
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VESSELS 65 important cause was "mai
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Page 126 and 127: 106 RECOMMENDATIONS Table 5: Summar
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