S.I. No. 177/2021 - European Union (Transport of Dangerous Goods by Rail) (Amendment) Regulations 2021


Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 16th April, 2021.

I, EAMON RYAN, Minister for Transport, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) and for the purpose of -

(a) giving effect to Article 1(2) of Commission Delegated Directive (EU) 2020/1833 of 2 October 20201 in Regulation 3, and

(b) giving further effect to Directive 2008/68/EC of the European Parliament and of the Council of 24 September 20082 , as amended, in Regulation 4,

hereby make the following regulations:

1. (1) These Regulations may be cited as the European Union (Transport of Dangerous Goods by Rail) (Amendment) Regulations 2021.

(2) These Regulations shall come into operation on 30 June 2021.

2. In these Regulations “Principal Regulations” means the European Communities (Transport of Dangerous Goods by Rail) Regulations 2010 ( S.I. No. 651 of 2010 ).

3. Regulation 2(1) of the Principal Regulations is amended -

(a) by the substitution of the following definition for the definition of “Directive” (inserted by Regulation 2(a) of the European Union (Transport of Dangerous Goods by Rail) (Amendment) Regulations 2019 ( S.I. No. 247 of 2019 )):

“ ‘Directive’ means Directive 2008/68/EC of the European Parliament and of the Council of 24 September 20081 , as amended by -

(a) Commission Directive 2010/61/EU of 2 September 20102 ,

(b) Commission Directive 2012/45/EU of 3 December 20123 ,

(c) Commission Directive 2014/103/EU of 21 November 20144 ,

(d) Commission Directive (EU) 2016/2309 of 16 December 20165 ,

(e) Commission Directive (EU) 2018/1846 of 23 November 20186 , and

(f) Commission Delegated Directive (EU) 2020/1833 of 2 October 20207 ;”, and

(b) by the substitution of the following definition for the definition of “RID” (inserted by Regulation 2(b) of the European Union (Transport of Dangerous Goods by Rail) (Amendment) Regulations 2019) ( S.I. No. 247 of 2019 )):

“ ‘RID’ means the ‘Regulations concerning the International Carriage of Dangerous Goods by Rail (RID)’, appearing as Appendix C to the ‘Convention concerning International Carriage by Rail (COTIF)’ concluded at Vilnius on 3 June 1999, as applicable with effect from 1 January 2009 and as referred to in section II.1 in Annex II to the Directive, as applicable with effect from 1 January 2021;”.

4. Regulation 31(2)(a) of the Principal Regulations is amended by the substitution of “European Union (Railway Safety) (Reporting and Investigation of Serious Accidents, Accidents and Incidents) Regulations 2020 ( S.I. No. 430 of 2020 )” for “European Union (Railway Safety) (Reporting and Investigation of Serious Accidents, Accidents and Incidents) Regulations 2014 ( S.I. No. 258 of 2014 )”.

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GIVEN under my Official Seal,

15 April, 2021.

EAMON RYAN,

Minister for Transport.

EXPLANATORY NOTE

(This is not part of the instrument and does not purport to be a legal interpretation)

The purpose of these Regulations is to amend the European Communities (Transport of Dangerous Goods by Rail) Regulations 2010 ( S.I. No. 651 of 2010 ) in line with the technical amendment made by Commission Delegated Directive (EU) 2020/1833 of 2 October 2020 in regard to inland transport of dangerous goods by rail (RID). The amendment provides that the reference to “RID Contracting State” in Annex II, as applicable from 1 January 2021, is replaced by “Member State”.

1 OJ No. L408, 04.12.2020, p.1

2 OJ No. L260, 30.09.2008, p.13

1 OJ No. L260, 30.09.2008, p.13

2 OJ No. L233, 03.09.2010, p.27

3 OJ No. L332, 04.12.2012, p.18

4 OJ No. L335, 22.11.2014, p.15

5 OJ No. L345, 20.12.2016, p.48

6 OJ No. L299, 26.11.2018, p.58

7 OJ No. L408, 04.12.2020, p.1