Dangerous goods, lithium batteries in transport

• Directive 2008/68/EC on inland transport of dangerous goods
• ADR, RID and ADN agreements
• IATA Dangerous Goods Regulations for air
• Regulation (EC) No 1272/2008 — CLP classification

Who has to appoint one

Any undertaking whose activities include the carriage, packing, loading, filling or unloading of dangerous goods must appoint a dangerous goods safety adviser. This catches e-commerce sellers shipping lithium batteries, aerosols, paints, adhesives and perfumes, most of whom do not realise they are in scope.

Thresholds and exemptions

Limited quantity and excepted quantity provisions reduce the obligations for small packages, but they do not remove classification, packing and marking duties. Some exemptions apply to undertakings whose activities are ancillary and below defined thresholds.

What must appear on the label

UN number and proper shipping name, hazard labels for the class and division, orientation arrows where required, the lithium battery mark with the telephone number, overpack marking, and for limited quantities the specific diamond mark. Documentation must accompany the consignment.

Marketplace fields

Carriers refuse or reject non-compliant consignments, and air carriers in particular audit shippers. Marketplaces restrict which fulfilment options can be used for hazardous goods, which affects delivery promises.

Documentation you must hold

Transport documents with the correct description, packing instructions followed and evidenced, UN 38.3 test summaries for lithium cells and batteries, safety data sheets, training records for all staff involved, and the safety adviser's annual report and accident reports.

Standards and testing

UN 38.3 for lithium cells and batteries, packaging performance testing to the UN specification for the packing group, and classification testing under CLP where the substance is not already classified.

Language requirements

Transport documents in a language required by the countries of transit, which for road transport across the Union usually means an additional language beyond the origin one.

When it applies

Before the first shipment. The safety adviser must be appointed before the activity begins, not after an incident.

How long records are kept

Training records for the periods set by ADR, safety adviser reports for five years, and UN 38.3 summaries for as long as the cells are supplied.

What happens if you do not comply

Refusal and immobilisation of the consignment, fines, and criminal liability where an incident occurs. Air transport incidents involving lithium batteries are investigated as safety occurrences with consequences for the shipper.

Who enforces it

National transport authorities, road enforcement, civil aviation authorities and carriers acting as gatekeepers.

Where the boundary lies

This regime is entirely separate from product law: a product can be perfectly compliant for sale and still be unshippable as packed. Sellers of power banks, e-bike batteries, perfumes, aerosols and paints are the most commonly caught, because the goods are ordinary consumer items with dangerous goods classifications.

Questions we are asked

Do we need a safety adviser to ship power banks?

If your undertaking carries, packs or dispatches them and you are above the ancillary activity thresholds, yes. Many e-commerce sellers meet this without knowing.

Is a UN 38.3 report enough?

It is necessary but not sufficient. Packing, marking, documentation and staff training are separate requirements.