ChemRegs Newsletter – September 2021
Significant Changes and Amendments to the IATA 63rd Edition (2022)
IATA has now published the next edition of the Dangerous Goods Regulations for air and also released the list of the significant changes and amendments in these regulations that are due to come into force from 1 January 2022.
IATA goes through an extensive annual exercise to update its manuals to ensure compliance with the newest regulations as well as the latest industry trends and best practices. These updates are done in collaboration with several industry experts and via dedicated IATA workgroups such as the Dangerous Goods Board.
The 63rd edition of the IATA Dangerous Goods Regulations incorporates all amendments made by the IATA
Dangerous Goods Board and includes addenda issued by ICAO to the content of the 2021–2022 edition of
the ICAO Technical Instructions.
The changes include:
2—Limitations
2.8.1—State Variations—The List (2.8.1) and List of State Variations (2.8.2) have been revised to include
territories that are subject to the jurisdiction of a State where that State has advised of variations to the
provisions of the DGR.
4—Identification
4.2—List of Dangerous Goods
The amendments to the List of Dangerous Goods include:
● revision to the entry “tert-Amylperoxy-3,5,5-trimethylhexanoate” to show it as UN 3105, instead of
“forbidden”.
● deletion of Special Provision A2 from UN 3094, Corrosive liquid, water reactive, n.o.s.;
● the entry “Fuel system components” has been revised to include reference to Dangerous goods in
articles.
Packing Instructions
PI 965 and PI 968—Have been revised to remove Section II from these two packing instructions. To provide
shippers with time to adapt their logistics processes to ship lithium cells and batteries in accordance with
Section IB of Packing Instruction 965 and Packing Instruction 968, as applicable, there is a 3-month transition
period until 31 March 2022, during which time shippers may continue to use Section II.
Consequential amendments have been made to 1.6.1, Special Provision A334, 7.1.5.5.1, Table 9.1.A and
Table 9.5.A to reflect the deletion of Section II of Packing Instruction 965 and Packing Instruction 968.
PI 966 and PI 969—Have been revised to clarify the packing options for Section I, which are:
● the lithium cells or batteries are packed in a UN specification packaging, then placed with the equipment
in a strong rigid outer packaging; or
● the cells or batteries are packed with the equipment in a UN specification packaging.
The packing options in Section II have been deleted, as there is only one option available given that there is
no requirement for UN specification packagings.
7—Marking & Labelling
7.1.4.6—the wording has been revised to refer to two or more “different” dangerous goods to clarify when All
Packed in One is applicable.
8—Documentation
8.1.6.5.3—The text on removal of the Cargo Aircraft Only label has been revised to include “or obliterated”
after “removed”, to provide flexibility.
10—Radioactive Materials
10.3.2.5.2—This paragraph has been revised to identify that where the shipper applies the provisions of Table
10.3.B to determine the basic nuclide values for radionuclides not included in Table 10.3.A, that a statement
must be included on the Shipper’s Declaration identifying the use of Table 10.3.B.
10.8.3.5.2—The text on removal of the Cargo Aircraft Only label has been revised to include “or obliterated”
after “removed”, to provide flexibility.
10.8.3.9.2, Step 6—Associated with the change adopted in 10.3.2.5.2, an additional requirement has been
added to identify that where the shipper is offering a radionuclide not listed in Table 10.3.A that a statement
must be added to the Shipper’s Declaration. 10.8.3.9.4—A new Step 13 has been added providing an example of the statement that must be added to the
Shipper’s Declaration when the shipper has applied the provisions of Table 10.3.B to determine the
appropriate A1 or A2 value for the unlisted radionuclide. The statement must include indication of the type of
radiation from the radionuclide.
Appendix D—Contact details for competent authorities have been updated.
Appendix E—Changes have been made to the list of UN Specification Packaging Suppliers (E.1) and the
Package Testing Facilities (E.2).
Appendix F—The list of Sales Agents (F.2), IATA Accredited Training Schools (F.3—F.5) and IATA
Authorised Training Centres (F.6) have been revised.
Appendix H—The guidance material on development and implementation of competency-based training for
dangerous goods has been revised based on engagement with, and input from training providers and
member airlines.
Appendix I—A new appendix has been added to this edition of the DGR to provide the detail of the changes
that will come into effect as of 1 January 2023 based on the adoption of the changes arising from the 22nd
revised edition of the UN Model Regulations as well as the changes that have been agreed to date by the
ICAO Dangerous Goods Panel for inclusion into the 2023–2024 edition of the Technical Instructions. These
changes include:
● Revision to the criteria for assignment of packing groups to substances and mixtures of corrosive
substances.
● Exclusion from the requirement for a test summary for equipment, including circuit boards, that contain
only lithium button cells.
● Updates to the list of dangerous goods, which includes a new entry, UN 3550, Cobalt dihydroxide
powder. The entry UN 1169, Extracts, aromatic, liquid will be deleted and the entry UN 1197, currently
Extracts, flavouring, liquid will be revised to become Extracts, liquid, for flavour or aroma. UN 1891,
Ethyl bromide, which is currently assigned to Division 6.1 will be reclassified to become Class 3 with a
Division 6.1 subsidiary hazard.
● Adoption of two new packing instructions, PI 222 for Articles containing non-flammable, non-toxic
gas, n.o.s., where the article contains only a Division 2.2 gas without a subsidiary hazard, but excluding
refrigerated liquefied gases and gases forbidden on passenger aircraft and PI 975 for Articles
containing miscellaneous dangerous goods, n.o.s., where the article contains only environmentally
hazardous substances.
● Change to the lithium battery handling mark to remove the requirement for a telephone number to be
provided on the mark. There is a transition period until 31 December 2026 during which time the existing
mark may continue to be used.
● Revision to 9.3.7—Replacement of Labels. To provide for the replacement of marks that become lost,
detached or illegible after the packages have been accepted. This change is limited to the replacement of
the excepted quantity mark, limited quantity mark, environmentally hazardous substance mark and the
lithium battery mark.
Other News
New Version of UK Waste Classification Guidance WM3
The Technical guidance WM3 on how to assess and classify waste has been revised and updated and is now version v1.2.GB.
This document provides guidance on waste classification and is a comprehensive reference manual for anyone involved in producing, managing and regulating waste. Users need to be competent in hazardous waste and have some knowledge of chemistry to fully utilise all aspects of this guidance. Appendix A includes the waste classification codes, also referred to as LoW (List of Waste) or EWC (European Waste Catalogue) codes for hazardous and non hazardous waste. NOTE – This document does not provide guidance on the packaging and labelling of waste for transport.
WM3 was last updated in January 2021 to reflect changes to chemicals legislation as a consequence of EU Exit but was revised on 28 September 2021 with an update to Appendix B to reflect the need to consider a specific form / physical state of a substance if it is included under the CLP Regulations as an entry in the GB Mandatory Classification List (MCL).
Those substances that have been assessed and assigned classifications through regulatory and legal processes are given ‘mandatory’ classifications and are listed in the Mandatory Classification List (MCL) under the GB CLP Regulation. The hazard classes and categories presented in the MCL take legal precedence (Article 4(3) of the GB CLP Regulation) over all other sources of information on those hazard classes and categories, and they must be used for classification.
The MCL under the GB CLP Regulation is regularly updated to include additional chemicals and revised information so you must make sure you’re using the most up to date version of the MCL to obtain the classification of the substance.
The MCL can be found on the Health and Safety Executive’s website https://www.hse.gov.uk/chemical-classification/assets/docs/mcl-list.xlsx
WM3 v1.2.GB can be found here.
UK REACH DUIN deadline
The deadline for completing a Downstream Import User Notifications (DUIN) under UK REACH is 27 October 2021 i.e. less than 1 month away.
Any GB-based legal entity importing a substance into GB at or above 1 tonne per year is required to submit a registration to HSE for that substance.
However, if they were a downstream user or distributor under EU REACH or were regarded as a downstream user by virtue of an Only Representative (OR) agreement, transitional provisions have been put in place that aim to help minimise disruption to businesses.
GB-based companies that were downstream users or distributors prior to the end of the transition period, under EU REACH, became importers when UK REACH entered into force on 1 January 2021. Article 127E of the statutory instrument (SI) implementing REACH in the UK provides the transitional provision for these GB-based legal entities.
By submitting a notification (DUIN) to HSE within the first 300 days of the end of the transition period, businesses will effectively defer their registration obligation for up to 6 years plus 300 days after the end of the transition period.
For guidance on how to submit a DUIN, go to https://www.hse.gov.uk/reach/duin.htm
A downstream user import notification (DUIN) is not a pre-registration. The concept of pre-registrations does not exist under UK REACH.
If they were not previously a registrant, downstream user or distributor under EU REACH, and they wish to import chemicals into GB for the first time, they will be required to submit a new registration under UK REACH.
For more information on anything in this Newsletter, please contact us at info@chemregs.co.uk