Report on the United Nations (UN) Sub-Committee of Experts (SCE) on the Transport of Dangerous Goods

International

Background

To ensure consistency between regulatory systems throughout the world, the United Nations (UN) established a sub-committee dedicated to forming appropriate harmonization regulations for the transport of dangerous goods. The UN Sub-Committee of Experts (SCE) on the Transport of Dangerous Goods (TDG) considers proposed changes to the UN Model Recommendations on TDG. The sub-committee meetings are democratic processes where a proposal is adopted if it gathers a simple majority of votes cast by country delegations. The UN SCE TDG meets twice per year in Geneva, Switzerland, and conducts its work on a biennium system. In other words, the sub-committee has two years to accomplish any work for that biennium before a new set of model regulations are published.

ACA, through the Transport Committee and World Coatings Council, is proactively engaged in UN efforts to harmonize the model regulations to ensure efficiency and cost-effectiveness for cross-border and multi-modal shipments of paint and allied products. As such, the World Coatings Council attends the UN SCE TDG meetings to record discussions of proposals of interest and advocate for the paint and coatings industry.

Council Action

 

In 2023, the World Coatings Council attended the 62nd and 63rd Sessions of the UN SCE TDG. The council submitted two informal (INF) documents related to industry’s transport issues with small packaging of Class 9 environmentally hazardous paint and printing ink. This packaging issue affects certain paints and printing inks that contain preservatives or other additives that are causing classification into UN 3082 or UN 3077 (Class 9), even at very small amounts (0.025%). According to our global industry partners, UN-approved packaging greater than 5 liters is not widely available or suitable for industry and the quantity limits of 5 liters also restricts the application and utility of SP 375 (small packages exemption).

In March 2024, the World Coatings Council submitted a working document to the 64th Session of the UN SCE TDG. WCC will present its proposals to resolve this matter at the June/July 2024 meeting.

62nd Session of UN SCE TDG (Summer 2023)

The 62nd Session of the UN SCE TDG was held in June/July 2023. This was the first meeting of the 2023-2024 biennium. In preparation for the 62nd Session, the World Coatings Council drafted an INF document that requested a lunchtime working group meeting to discuss industry’s transport issues related to small packaging of Class 9 environmentally hazardous paint and printing ink. The INF document also provided an overview of the council’s efforts on this topic in the past and highlighted specific impacts of this issue to the paint industry.

Approximately 20-25 people attended the informal work group meeting, representing a wide variety of member states and NGOs. It was a positive and productive work group meeting. Notably, the council clarified that this is a packaging issue and not an attempt by industry to gain relief from TDG requirements (i.e., marking, labeling, documentation requirements). The council also fielded several questions and provided practical and technical expertise related to this packaging matter.

In addition to its advocacy on its own submission, the World Coatings Council also monitored other proposals and working documents of interest to industry during the Summer 2023 meeting. In particular, the council followed discussions on the use of recycled plastics material for flexible IBCs and a proposal related to ethylene oxide.

63rd Session of UN SCE TDG (Winter 2023)

In preparation for the 63rd Session of the UN SCE TDG in November/December 2023, the World Coatings Council drafted another INF document on industry’s transport packaging issue. The document provided an overview of the discussion of the informal work group meeting at the previous session, offered potential paths forward, and invited delegations to provide additional input and ideas. WCC presented its INF document (INF.15) to the Sub-Committee and a few delegations offered input that will be considered moving forward. Notably, one delegation stated that they were still not convinced that a few particular environmentally hazardous substances should be treated differently than other products that are also classified as environmentally hazardous.

The World Coatings Council also monitored other proposals and working documents of interest to industry during the Winter 2023 meeting. In particular, the council followed discussions on an INF document related to the differentiation between compressed gases (UN 1950, aerosol and UN 2037, gas cartridges) and a potential guidance document to ensure the model regulations mitigate risk to an acceptable level to promote safe commerce of dangerous goods (acceptable levels of risk, rather than elimination of risk altogether).

After the 62nd and 63rd Sessions of the UN SCE TDG concluded, the council drafted and circulated final reports to its membership that highlighted the background of each proposal, the discussions, and outcome. The World Coatings Council also flagged decisions that could potentially impact the paint and coatings industry moving forward.

64th Session of UN SCE TDG (Summer 2024)

In preparation for the 64th Session of the UN SCE TDG meeting (June/July 2024), the World Coatings Council drafted a comprehensive working document with proposals to resolve industry’s transport packaging issue with small quantities of environmentally hazardous paints and printing inks. The proposals for consideration are:

  • A new packing provision that is specific for environmentally hazardous paint, printing ink, and related materials.
  • A new packing provision for all mixtures assigned to UN 3082.
  • A new special provision that is specific for environmentally hazardous paint, printing ink, and related materials.
  • A new special provision for all mixtures assigned to UN 3082.

Industry is providing the option to apply the chosen derogation to paints, printing inks, and related materials or to apply the derogation to all mixtures containing small amounts of highly toxic ingredients assigned to UN 3082. The working document was submitted on March 29, 2024, and will be introduced for consideration at the June/July 2024 meeting. The World Coatings Council hopes to secure agreement before the end of the 2023-2024 biennium.

The World Coatings Council will continue to monitor any proposals or working documents of interest to the paint and coatings industry and advocate as necessary during the final two meetings of the 2023-2024 biennium. The council will also consider submitting additional proposals to the UN as appropriate.

 

ACA Staff

Rhett Cash
Counsel, Government Affairs