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Transport security

  1. 1

    Transport_Vraag_1_CMS - EN

    This question concerns the physical transport of biological material in the Netherlands, in particular high-risk pathogens, and the associated vulnerabilities. In this question, high-risk pathogens are referred to as 'infectious substances' according to the ADR (material hazard classes 6.1, 6.2 and 9).

    In the various laws and regulations apply to transport by road, water, rail or air of these substances. The purpose of this question is to provide an overview of existing legislation and regulations applicable in the Netherlands with regard to transport, and control measures that an organisation can take to reduce safety risks.

    (Export controls and the list of strategic goods are discussed in Question 3)

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    Does your organisation have procedures to comply with national and international legislation and regulations with regard to the transport of high-risk material?

    Does your organisation have procedures to comply with national and international legislation and regulations with regard to the transport of high-risk material?

    Procedures concerning packaging and internal transport of high-risk material contribute to safety and security both within and outside of the organisation. This can aid, for example, in the prevention of biological incidents or security incidents that may have far-reaching consequences.

    Risks

    • When transporting infectious materials, procedures for packaging, documentation and shipping are important for safety and security (see also question 2). If internal procedures are not in order, safety and security risks may arise for your organisation (see also question 3).

    Measures

    • Ensure that infectious material is correctly packaged for internal transport, for instance by using packaging material that is break-proof and leak-proof.
    • Ensure that infectious material it is not left unattended
    • Check that the receiving party has received the materials.

    Procedures for documentation, packaging and classification of transport contribute to a safe transport process and ensure compliance with applicable laws and regulations. This can aid, for example, in the prevention of biological incidents or security incidents that may have consequences both inside and outside your organisation. For transport of infectious substances over land in the Netherlands, the WVGS/VLG applies, which includes the ADR.

    Risks

    • When transporting infectious materials, clear procedures and responsibilities for packaging, documentation and shipping are important for safety and security (see also question 2). Regarding compliance with legislation and regulations, if procedures for internal and external transport are not in order, this may result in safety and security risks for the organisation and the environment (see also question 3).
    • During transport, neither sender nor receiver has physical possession of the package. If adequate agreements or procedures have not been made for internal, external or international transport, this may result in safety and security risks for the organisation and the environment (see also question 2).

    Measures

    • Draft and update procedures to comply with national transport legislation and regulations.
    • Ensure that infectious material is correctly packaged for internal transport.
    • Ensure that infectious material it is not left unattended.
    • Check that the receiving party, including colleagues within the organisation, have received the materials.

    Procedures for documentation, packaging and classification of transport contribute to a safe transport process and ensure compliance with applicable laws and regulations. This can aid, for example, in the prevention of biological incidents or security incidents that may have consequences both inside and outside your organisation. For transport of infectious substances over land in the Netherlands, the WVGS/VLG applies, which includes the ADR. For air transport, the Aviation Act, IATA and ICAO apply. Additional rules apply quarantine organisms for the transport in (or import into) the Netherlands. An exemption or import license from the Netherlands Food and Consumer Product Safety Authority (NVWA) is required. An exemption or import license from the NVWA is also required for the import of animals and animal products.

    Risks

    • When transporting infectious materials, clear procedures and responsibilities for packaging, documentation and shipping are important for safety and security (see also question 2). Regarding compliance with legislation and regulations, if procedures for internal and external transport are not in order, this may result in safety and security risks for the organisation and the environment (see also question 3).
    • During transport, neither sender nor receiver has physical possession of the package. If adequate agreements or procedures have not been made for internal, external or international transport, this may result in safety and security risks for the organisation and the environment (see also question 2).

    Measures

    • Ensure that infectious material is correctly packaged for internal transport.
    • Ensure that infectious material it is not left unattended.
    • Check that the receiving party, including colleagues within the organisation, have received the materials.

    This question is not applicable

  2. 2

    Transport_vraag_2_CMS

    As required by the ADR, every organisation that transports hazardous substances must employ or hire a safety advisor, unless there is an exemption. To ensure that transport of high-risk material (in particular hazard classes 6.1, 6.2 and 9) occurs safely and securely, it is important that rules, procedures and responsibilities are documented and complied to. This can be achieved by delegating responsibilities centrally or to individual employees. It is important that the responsible employees deploy comprehensive procedures to minimise the risk of security incidents occurring. This includes procedures that are part of the classification and packaging of high-risk material, the selection of the transporter and coordination with the receiving party. The procedures can be included in a safety/security plan that must meet the requirements set in the ADR.

    How are responsibilities related to the transport of high-risk material delegated within your organisation?

    How are responsibilities related to the transport of high-risk material delegated within your organisation?

    A lack of documented procedures and responsibilities for transport makes your organisation vulnerable and can pose safety and security risks for people and the environment. It is important that the responsibilities for controlling and complying with transport procedures are adequately safeguarded within the organisation, to ensure that employees consistently follow the correct rules and procedures so that no safety or security risks arise in the transport process. Fragmentation of the responsibilities can lead to ambiguities and an increased risk of security incidents. It is recommended to apply comprehensive procedures and to delegate the corresponding responsibilities within the organisation. Keeping these rules and procedures up to date and complying with them is part of the risk management of the organisation.

    Risks

    • Non-compliance with national and international legislation and regulations.
    • Gaps in the transport process, due to procedures being not up-to-date or are not mutually compatible, can lead to safety and security risks.
    • Gaps in the transport process, process because responsibilities are fragmented in your organisation.
    • Insufficient monitoring of compliance with procedures and rules. This may lead to a lack of intervention possibilities when transport processes go wrong.

     

    Measures

    • Train and appoint a safety advisor (referred to in ADR H1.8.3) who is aware of specific requirements and procedures for the transport of high-risk material.
    • Ensure that responsibilities for complying with legal requirements are delegated and safeguarded. This includes packaging, labelling and documenting packages.
    • Ensure that transport on public roads is carried out by qualified couriers who comply with the ADR.
    • In case of air transport (situation in the Netherlands) ensure a certificate of recognition (digital identification) or ensure that the transport is outsourced to a company with a certificate of recognition.
    • The carrier has a security plan. Ensure that this security plan is made available to your organisation and that you can coordinate security matters with the carrier.
    • Keep procedures concerning transport and related aspects up-to-date and comply with them.
    • Central delegation of transport-related responsibilities and specification of procedures ensures consistency, and compliance can be monitored.

    It is important that responsibilities for monitoring of and compliance with transport procedures are adequately safeguarded within the organisation. This ensures that employees consistently follow the correct rules and procedures. In this way, safety and security risks for people and the environment in the transport process are avoided. Fragmentation of the responsibilities can lead to ambiguities and an increased risk of security incidents in the transport process. It is recommended to apply comprehensive procedures and to delegate the corresponding responsibilities within the organisation. Keeping these rules and procedures up to date and complying with them is part of the risk management of the organisation.

    Risks

    • Non-compliance with national and international legislation and regulations.
    • Gaps in the transport process, due to procedures being not up-to-date or are not mutually compatible, can lead to safety and security risks.
    • Gaps in the transport process, process because responsibilities are fragmented in your organisation.

    Measures

    • Train and appoint a safety advisor (referred to in ADR H1.8.3) who is aware of specific requirements and procedures for the transport of high-risk material.
    • Ensure that responsibilities for complying with legal requirements are delegated and safeguarded. This includes packaging, labelling and documenting packages.
    • Ensure that transport on public roads is carried out by qualified couriers who comply with the ADR.
    • In case of air transport (situation in the Netherlands) ensure a certificate of recognition (digital identification) or ensure that the transport is outsourced to a company with a certificate of recognition.
    • The carrier has a security plan. Ensure that this security plan is made available to your organisation and that you can coordinate security matters with the carrier.
    • Keep procedures concerning transport and related aspects up-to-date and comply with them.

    It is important that it is clear which rules and procedures apply to the transport of high-risk material. Fragmentation of the responsibilities can lead to ambiguities and an increased risk of security incidents in the transport process. It is recommended to apply comprehensive procedures and to delegate the corresponding responsibilities within the organisation. Keeping these rules and procedures up to date and complying with them is part of the risk management of the organisation.

    Risks

    • Non-compliance with national and international legislation and regulations.
    • Gaps in the transport process, due to procedures being not up-to-date or are not mutually compatible, can lead to safety and security risks.
    • Gaps in the transport process, process because responsibilities are fragmented in your organisation.

    Measures

    • Train and appoint a safety advisor (referred to in ADR H1.8.3) who is aware of specific requirements and procedures for the transport of high-risk material.
    • Ensure that responsibilities for complying with legal requirements are delegated and safeguarded. This includes packaging, labelling and documenting packages.
    • Ensure that transport on public roads is carried out by qualified couriers who comply with the ADR.
    • In case of air transport (situation in the Netherlands) ensure a certificate of recognition (digital identification) or ensure that the transport is outsourced to a company with a certificate of recognition.
    • The carrier has a security plan. Ensure that this security plan is made available to your organisation and that you can coordinate security matters with the carrier.
    • Keep procedures concerning transport and related aspects up-to-date and comply with them.
    • Central delegation of transport-related responsibilities and specification of procedures ensures consistency, and compliance can be monitored.

    The central delegation of responsibilities with regard to the transport procedures contributes to safeguarding and controlling the transport process. It is important that it is clear which rules and procedures apply to the transport of high-risk material. Keeping these procedures up to date, complying with them, training and informing those involved is also part of the risk management of the organisation.

    Risks

    • Gaps in the transport process, due to procedures being not up-to-date or are not mutually compatible, can lead to safety and security risks.
    • A potential risk in centralising responsibilities is that too many layers between the central controller and the workplace, results in ‘paper’ security that is not complied with.

    Measures

    • Train and appoint a safety advisor (referred to in ADR H1.8.3) who is aware of specific requirements and procedures for the transport of high-risk material.
    • Ensure that responsibilities for complying with legal requirements are delegated and safeguarded. This includes packaging, labelling and documenting packages.
    • Ensure that transport on public roads is carried out by qualified couriers who comply with the ADR.
    • In case of air transport (situation in the Netherlands) ensure a certificate of recognition (digital identification) or ensure that the transport is outsourced to a company with a certificate of recognition.
    • The carrier has a security plan. Ensure that this security plan is made available to your organisation and that you can coordinate security matters with the carrier.
    • Keep procedures concerning transport and related aspects up-to-date and comply with them.

    This question is not applicable

  3. 3

    Transport_vraag_3_CMS

    This question only applies if your organisation is located in the European Union. Check with the relevant ministry in your country how export control is organised.

    In addition to the legislation regarding transport in questions one and two, export of biological material from a member state of the European Union to countries outside of the EU, can be subject to export control and may require a special permit. This applies to materials included on the list of strategic goods within the European dual-use regulation. The list of strategic goods contains agents that can be used for malicious purposes as well and therefore have a dual-use character. In contrast to transport legislation, RNA/DNA coding for pathogenicity is also subject to export control. If your country is not in the EU you can tick 'not applicable' when answering this question. The export of knowledge and technologies related to strategic goods is discussed in question four.

    Does your organisation have procedures for exporting high-risk materials that are classified as strategic goods?

    Does your organisation have procedures for exporting high-risk materials that are classified as strategic goods?

    If your organisation does not work with strategic goods (see User Guide on Strategic Goods and Services), that are subject to the European dual-use regulation (no. 428/2009), you do not need to apply for an export license. The list is updated periodically, so it is important to regularly check whether your organisation works with high-risk pathogens that appear on the list of strategic goods.

    Risks

    • Your shipment may be delayed if the correct licenses have not been requested in time.

    Measures

    • Check periodically whether your organisation is working with agents that are on the list of strategic goods of the European dual-use regulation.
    • Make sure your organisation can comply with the export control legislation by having adequate procedures.
    • Make sure that employees are aware of the rules regarding licensed export of substances.
    • Only for organisations in the Netherlands: if you are unsure whether materials require an export license, you can contact the Dutch Ministry of Foreign Affairs.
    • In the Netherlands, you can request a trial application (sondage) from the Central Import and Export Office (CDIU) so that the process runs as smoothly as possible when applying for the definitive license.

    If your organisation does not export strategic goods (see User Guide on Strategic Goods and Services) outside the EU that are subject to the European dual-use regulation (no. 428/2009), you do not need to apply for an export license. The list is updated periodically, so it is important to regularly check whether your organisation works with high-risk pathogens that appear on the list of strategic goods. Information about the regulation and requesting a license can be found here.

    Risks

    • Your shipment may be delayed if the correct licenses have not been requested in time.
    • Violating the dual-use regulation has legal consequences in the Netherlands for both the sending and the receiving party. Your organisation may refuse to accept a delivery, made without the proper licenses.
    • Errors can entail security risks and may damage the reputation of the organisation.

    Measures

    • Check periodically whether your organisation is working with agents that are on the list of strategic goods of the European dual-use regulation.
    • Make sure your organisation can comply with the export control legislation by having adequate procedures.
    • Make sure that employees are aware of the rules regarding licensed export of substances.
    • Only for organisations in the Netherlands: if you are unsure whether materials require an export license, you can contact the Dutch Ministry of Foreign Affairs.
    • In the Netherlands, you can request a trial application (sondage) from the Central Import and Export Office (CDIU) so that the process runs as smoothly as possible when applying for the definitive license.

    Because your organisation exports strategic goods (see User Guide on Strategic Goods and Services) outside the European Union that are subject to the European dual-use regulation (no. 428/2009), you must apply for an export license. The list is periodically updated, so it is important to regularly check whether your organisation works with high-risk pathogens that appear on the list of strategic goods. Information about the regulation and applying for a license, making a trial application or other possibilities can be found here.

    Risks

    • Your shipment may be delayed if the correct licenses have not been requested in time.
    • Violating the dual-use regulation has legal consequences in the Netherlands for both the sending and the receiving party. Your organisation may refuse to accept a delivery, made without the proper licenses.
    • Errors can entail security risks and may damage the reputation of the organisation.

    Measures

    • Check periodically whether your organisation is working with agents that are on the list of strategic goods of the European dual-use regulation.
    • Make sure your organisation can comply with the export control legislation by having adequate procedures.
    • Make sure that employees are aware of the rules regarding licensed export of substances.
    • Only for organisations in the Netherlands: if you are unsure whether materials require an export license, you can contact the Dutch Ministry of Foreign Affairs.
    • In the Netherlands, you can request a trial application (sondage) from the Central Import and Export Office (CDIU) so that the process runs as smoothly as possible when applying for the definitive license.

    This question is not applicable

  4. 4

    Transport_vraag_4_CMS

    This question concerns the export of knowledge and technologies related to the European dual-use regulation, which are designated as 'strategic goods'. If your research involves dual-use organisms, this may have consequences for experiments, but also for publishing or communication about research results. It is also important to monitor research progress in your organisation and recognize dual-use characteristics at an early stage.

    Does your organisation have procedures and mechanisms to identify knowledge and technologies in the context of ‘dual-use research of concern’?

    Does your organisation have procedures and mechanisms to identify knowledge and technologies in the context of ‘dual-use research of concern’?

    It is important to regularly check whether your organisation works with high-risk pathogens present on the list of strategic goods of the European dual-use regulation (no. 428/2009). In addition, it is important that your organisation can identify research, which can be classified as dual-use research of concern so you can take appropriate biosecurity control measures. For information on the Dutch situation regarding the identification and assessment of dual-use research, see the recommendation of the KNAW on the assessment of dual-use research.

    Risks

    • Be aware that giving a presentation about your research, or publishing research data on 'strategic goods', may require an export license as well.
    • Your publication or shipment may be delayed if the correct licenses have not been requested in time.

    Measures

    • Check periodically whether your organisation is working with agents present on the list of strategic goods of the European dual-use regulation.
    • Make sure your organisation can comply with the export control legislation by having adequate procedures.
    • Ensure that employees are aware of the rules regarding controlled export (mandatory licenses) of substances, knowledge and technologies, and that this may also have consequences for the publication or dissemination of (research) data.
    • If you are unsure whether research, knowledge or technologies require an export license, you can contact the Dutch Ministry of Foreign Affairs.
    • In the Netherlands, you can request a trial application (sondage) for a license to export knowledge or technologies from the Central Import and Export Office (CDIU) so that the process runs as smoothly as possible when applying for the definitive license. Also consider this when publishing research data.
    • Monitor and assess progress of research in a way that additional biosecurity control measures can be applied.
    • Consult the report: 'Assessment of dual-use research' from the Netherlands Royal Academy of Sciences and Arts (KNAW).

    It is important to regularly check whether your organisation works with high-risk pathogens present on the list of strategic goods of the European dual-use regulation (no. 428/2009). An export license may be required for publication or for sharing your knowledge (see control measures). In addition, it is important that your organisation can identify research, which can be classified as dual-use research of concern so you can take adequate biosecurity control measures. For information on the Dutch situation regarding the identification and assessment of dual-use research, see the recommendation of the KNAW on the assessment of dual-use research.

    Risks

    • Be aware that giving a presentation about your research or publishing research data on 'strategic goods' may require an export license as well.
    • Your publication or shipment may be delayed if the correct licenses have not been requested in time.
    • Research on organisms classified as strategic goods can also be dual-use research of concern. In that case, additional biosecurity control measures may be required.

    Measures

    • Check periodically whether your organisation is working with agents present on the list of strategic goods of the European dual-use regulation.
    • Make sure your organisation can comply with the export control legislation by having adequate procedures.
    • Ensure that employees are aware of the rules regarding controlled export (mandatory licenses) of substances, knowledge and technologies, and that this may also have consequences for the publication or dissemination of (research) data.
    • Ensure that employees working with high-risk material are qualified, trained and screened.
    • If you are unsure whether research, knowledge or technologies require an export license, you can contact the Dutch Ministry of Foreign Affairs.
    • In the Netherlands, you can request a trial application (sondage) for a license to export knowledge or technologies from the Central Import and Export Office (CDIU) so that the process runs as smoothly as possible when applying for the definitive license. Also consider this when publishing research data.
    • Monitor and assess progress of research in a way that additional biosecurity control measures can be applied.
    • Consult the report: 'Assessment of dual-use research' from the Netherlands Royal Academy of Sciences and Arts (KNAW).

    It is important to regularly check whether your organisation works with high-risk pathogens present on the list of strategic goods of the European dual-use regulation (no. 428/2009). An export license may be required for publication or for sharing your knowledge (see control measures). In addition, it is important that your organisation can identify research, which can be classified as dual-use research of concern so you can take adequate biosecurity control measures. For information on the Dutch situation regarding the identification and assessment of dual-use research, see the recommendation of the KNAW on the assessment of dual-use research.

    Risks

    • Be aware that giving a presentation about your research or publishing research data on 'strategic goods' may require an export license as well.
    • Your publication or shipment may be delayed if the correct licenses have not been requested in time.
    • Research on organisms classified as strategic goods can also be dual-use research of concern. In that case, additional biosecurity control measures may be required.

    Measures

    • Check periodically whether your organisation is working with agents present on the list of strategic goods of the European dual-use regulation.
    • Make sure your organisation can comply with the export control legislation by having adequate procedures.
    • Ensure that employees are aware of the rules regarding controlled export (mandatory licenses) of substances, knowledge and technologies, and that this may also have consequences for the publication or dissemination of (research data).
    • Ensure that employees working with high-risk material are qualified, trained and screened.
    • If you are unsure whether research, knowledge or technologies require an export license, you can contact the Dutch Ministry of Foreign Affairs.
    • In the Netherlands, you can request a trial application (sondage) for a license to export knowledge or technologies from the Central Import and Export Office (CDIU) so that the process runs as smoothly as possible when applying for the definitive license. Also consider this when publishing research data.
    • Monitor and assess progress of research in a way that additional biosecurity control measures can be applied.
    • Consult the report: 'Assessment of dual-use research' from the Netherlands Royal Academy of Sciences and Arts (KNAW).

    This question is not applicable