ADR 2023 amendments – summary of main changes
The 2023 edition of the ADR will have some significant amendments, many of which will have an impact on the fuel industry and the inspection bodies that provide a service to the industry. However, this sector has a long transition period to adapt (10 years).
Note that the amendments adopted by the UN Joint Meeting over the biennium were submitted to the Working Party on the Transport of Dangerous Goods (WP.15) on 18 February 2022 (ECE/TRANS/WP.15/256), for ratification at the May 2022 meeting of the working party.
Summary of main changes
Inspection and certification of tanks
ADR 1.8.6 – Administrative controls for the activities described in 1.8.7 and 1.8.8
This replaces 1.8.6 of ADR 2021 in its entirety. It now clearly differentiates between and outlines the obligations of the competent authority and the obligations of inspection bodies.
ADR 126.96.36.199.1 provides for the requirements for accreditation of inspection bodies, which for all tanks, must now be accredited according to EN ISO/IEC 17020:2012 type A requirements.*
ADR 188.8.131.52.4.3 provides for competent authority recognition of inspection bodies approved by other competent authorities (mutual recognition).
ADR 184.108.40.206.3 provides for the delegation by type A inspection bodies of specific inspection tasks to sub-contractors.
* Note that for pressure receptacles, inspection bodies accredited to type B requirements will continue to be permitted, but such inspection bodies must be working exclusively for the owner or the duty holder responsible for the pressure receptacles (see definitions under the tables in the amended 220.127.116.11 and 18.104.22.168.1).
ADR 1.8.7 – Procedures for conformity assessment, type approval certificate issue and inspections
This replaces 1.8.7 of ADR 2021 in its entirety. It provides clear provision for the issue of type examination and type approval certificates (22.214.171.124), supervision of manufacture (126.96.36.199), initial inspection and tests (188.8.131.52), entry into service verification which may be required by the competent authority (184.108.40.206), periodic, intermediate and exceptional inspections (220.127.116.11), the surveillance of an in-house inspection service (18.104.22.168) and documentation (22.214.171.124).
Note that for tanks, the in-house inspection services apply only to the activities of supervision of manufacture and initial inspection and test [ADR 126.96.36.199.3(b) and 188.8.131.52.4(b)]. Such services also apply in relation to UN and non-UN pressure receptacles (ADR Chapter 6.2).
This is a new sub-section for conformity assessment, type approval and inspection of the tanks covered by ADR Chapter 6.8, and the provisions describe how to apply the procedures in ADR 1.8.7. These provisions apply subject to the compliance of the inspection bodies with the provisions of ADR 1.8.6.
ADR 184.108.40.206.5 provides for entry into service verification according to 220.127.116.11, which may be required by the competent authority.
ADR 18.104.22.168, 22.214.171.124, 126.96.36.199 and 188.8.131.52 – transitional measures
The amendments to the procedures used by the competent authority for the approval of inspection bodies under ADR 1.8.6 referenced above will not become mandatory until 01 January 2033.
Type approval certificates issued before 1 July 2023 in compliance with Chapter 6.8 can continue to be used until the end of their validity.
Amendments to ADR 184.108.40.206.23 provide further clarity in relation to these provisions for welding and the inspection of welds. The last sentence of the first paragraph of the 220.127.116.11.23 has been deleted, and clarification has been provided regarding the methods to be used for non-destructive checks and tests. The amended text originally proposed was updated and corrected by the Joint Meeting in March 2022 and published on 05 May 2022 (INF.6/Rev.1).
In addition to the amendments to ADR 1.8.6, 1.8.7 and Chapter 6.8, there are some other amendments provided below which are also worth noting.
List of abbreviations
All abbreviations and acronyms have been removed from ADR 1.2.1 and a new section 1.2.3 will have a list of abbreviations, acronyms and abbreviated designations of regulatory texts.
Refillable pressure receptacles authorised by the USA Department of Transportation (DOT)
A new subsection 18.104.22.168 has been added to ADR Section 1.1.4 – Applicability of other regulations.
This provision provides for the import of gases in DOT approved pressure receptacles from the end of the transport chain under 22.214.171.124 from the temporary storage location to the end user, and also provides for the export of gases and empty uncleaned DOT approved pressure receptacles to countries which are not contracting parties to the ADR. These new provisions will be applicable from 01 January 2023, and replace the provisions contained in multilateral agreement M318 which expires on 01 June 2023.
Recycled plastics material
A new definition of recycled plastics material has been added to ADR 1.2.1. ADR 126.96.36.199.2 provides for a new mark, “REC”, that will be applied IBCs that are manufactured from recycled plastics material as defined in 1.2.1. This mark will be placed near the other IBC markings as prescribed in 188.8.131.52.1.
Transport document – special provision of the carriage of waste
A new provision 184.108.40.206.3.2 has been introduced to permit the quantities of waste at the place of loading according to 220.127.116.11.1(f) to be estimated under specified conditions. This provision excludes substances listed in ADR 18.104.22.168.3 (class 1, class 2, liquid desensitised explosives of class 3, self-reactive substances and solid desensitised explosives of class 4.1, pyrophoric substances of class 4.2, class 5.2, class 6.1 (only for certain PGI substances), class 6.2 and class 7 (certain exemptions for excepted packages)).
Class 2 tanks – provisions for safety valves
The provisions for safety valves on Class 2 tanks have been amended and expanded in 22.214.171.124.9. There is a new mark “SV” indicating the presence of a safety valve, added as 126.96.36.199.9.6 in INF.5 presented to WP.15 in May 2022. The mark is provided as a white square with minimum dimensions of 250 x 250 mm with the letters “SV” at the centre at a minimum of 120 mm high.
Last updated, January 2023.