www.bifa.org


Policy & Compliance


basic dangerous goods description. Containers/receptacles that exceed 1-litre


capacity are fully regulated dangerous goods and the packages must comply with the ADR/IMDG packing requirements. Either the product containers will be certified, such as Plastic Jerrican (3H1), or they will be packed as ‘combination’ packs inside, for example, a 4G fibreboard box. The LQ mark is now replaced with the Hazard Class 3 red diamond label and the package will be marked with the respective UN number (ADR) and the UN number and Proper Shipping Name by Sea (IMDG). If packages are assembled as an Overpack, the same reproduction of marks and labels as with limited quantities applies. When supplied in intermediate bulk containers (IBC), the respective IBC packing instructions and additional marks and labels must be applied. Documentation such as a Dangerous Goods


Note must be supplied to the carrier as loads over 333 litres (Transport Category 2) will be subject to full ADR/segregation when sent by ferry and quantity restrictions when sent through Eurotunnel (250 litres per transport unit).


Excepted quantities Different rules can be used if receptacles do not exceed 30 ml, known as ‘excepted quantities’, but this is best restricted to airfreight. There is also a derogation within the UK known as end-user/retail derogation, but this has product restrictions of 30 litres and overall loads of 333 litres/kg. If using courier services that move by airfreight,


then containers that do not exceed 500 ml capacity can be prepared under the classification ID8000, as long as packages are prepared in accordance with the relevant packing instruction and the Shipper’s Declaration of Dangerous Goods is completed by a “competently” trained person.


This article has been produced as general information. It is not intended to replace the regulations. Companies that pack, (un)load, transport and, due to changes in ADR 2019, “consign” dangerous goods by road that exceed 333 litres must appoint a DGSA who should be advising on procedures to ensure compliance with the transport regulations


Support your local Member group


BIFA holds Regional Member meetings around the UK and listed right are those due to occur soon. If you would like to attend and find out more about BIFA and what we do, then contact


June 2020


BIFAlink Force majeure and coronavirus


Put simply, force majeure (FM) is a common clause in contracts that can excuse parties from performing their obligations, or from doing them on time, when circumstances beyond their control prevent them fulfilling such contractual obligations. Depending on their drafting, such clauses


may have a variety of consequences, including excusing the affected party from performing the contract in whole or in part; excusing that party from delay in performance; entitling it to suspend or claim an extension of time for performance; or giving that party a right to terminate. One point that must be made is that for BIFA


Members to benefit from the protection of Clause 24 of the BIFA Standard Trading Conditions (STC), which covers FM, the STC must have been properly incorporated into the commercial contract. Some shipping lines, airlines and other


logistics providers have been issuing declarations that an overall FM is being applied, either in press releases or on website pages or quotations. BIFA Members should be able to pass on that information to customers depending on the provider they are using and rely on it. In these sorts of situations, communication is very important as customers need to know what the likely consequences are concerning their shipments. The BIFA STC FM clause is robust and wide


in that it contains a few types of specific FM events in 24(A) and has a sweep-up provision in 24(B) covering “any cause or event which the company is unable to avoid, and the consequences of which the company is unable to prevent by the exercise of reasonable diligence”. The event of coronavirus clearly could not have been avoided and Members have to be able to show that they are unable to prevent any consequences arising from the existence of the virus and how it is being treated by various governments that relate to inability to provide a service, or increased costs,


or significant delays, etc, by reasonable diligence. This means BIFA Members should collect evidence on each file to show what they have tried to do on a reasonable basis to try to prevent such consequences. The BIFA clause would be overridden by any


mandatorily applicable convention FM clause, such as in Hague Visby Article IV, which sets out a full list of events exempting the carrier from liability. CMR is different as some of the FM categories are rather different in relation to sea carriage. Of course, any clause is down to applying it


to the particular facts concerned and that depends on how the pandemic is affecting the performance of each individual contract and whether it specifically arises out of the pandemic or measures to deal with the pandemic. It should never be assumed that declaring FM in a general statement is a ‘get- out-of-jail-free card’. Parties will have to demonstrate that the events covered by the relevant clause were out of their control and, often, that they could not be planned for, avoided or worked around.


Important note This article is general industry guidance and is not legal advice. Each situation may be different and you are advised to consult a qualified lawyer for specific advice.


In light of current restrictions due to the ongoing Covid-19 pandemic BIFA has suspended all regional activity for the foreseeable future. Please refer to the BIFA website for further updates.


the appropriate Regional Consultant to BIFA. All BIFA Members are entitled and


encouraged to attend their regional meetings


however pre-booking with the named contact is essential. Full contact details are shown on page 3 of this issue.


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