(A particular flammable liquid was categorized as a Mar ne Pollutant. We have attached an Environmentally Hazardous Substance Mar ing in addition to the Class 9 label on the package but the forwarder removed it. EU regulations require this Mar ing.)

Q.
We were to ship a particular flammable liquid to a destination in the European Union. We were told that the liquid was also categorized as a Mar ne Pollutant and EU regulations require identification as such. We attached a Class 3 label and an Environmentally Hazardous Mar but the forwarder removed the Environmentally Hazardous Mar . Since EU is very strict with Mar ne Pollutants, we were told that a heavy fine could be imposed on violations. What should we do? (31 Oct 11)

A.
No one has the authority to remove a label that the shipper had affixed unless there is concrete grounds that the label is incorrect.

Moreover, if the substance fits the EU description of Mar ne pollutant, it will be a breach of the EU regulations if the shipment is dispatched without the Environmentally Hazardous Mar ing. The forwarder must be held responsible for removing a label without justification. DGR 3.9.2.4 and 7.1.6.3 Note clearly state that Environmentally Hazardous substances (aquatic environment) are those that meet the criteria in 2.9.3 of the UN Model Regulations or that meet criteria in national or international regulations established by the appropriate authority of the State of origin, transit or destination.

They must be identified with the Environmentally Hazardous Mar ing. EU is particularly strict on this rule and non-compliance will constitute a breach of the EU regulations. You need to explain this to your forwarder.


[x close]


Copyright (C) 2003  Kinoshita Aviation Consultants All rights reserved.