S.I. No. 194/2017 - European Union (Transport of Dangerous Goods by Rail) (Amendment) Regulations 2017.


Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 19th May, 2017.

I, SHANE ROSS, Minister for Transport, Tourism and Sport, 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 giving further effect to Directive 2008/68/EC of the European Parliament and of the Council of 24 September 20081 (in so far as it relates to the transport of dangerous goods by rail) as amended by Commission Directive (EU) 2016/2309 of 16 December 20162 hereby make the following regulations:

1. (1) These Regulations may be cited as the European Union (Transport of Dangerous Goods by Rail) (Amendment) Regulations 2017.

(2) These Regulations shall come into operation on 30 June 2017.

2. The European Communities (Transport of Dangerous Goods by Rail) Regulations 2010 ( S.I. No. 651 of 2010 ) are amended in Regulation 2(1)—

(i) by substituting for the definition of “Directive” (inserted by Regulation 2(a)(i) of the European Union (Transport of Dangerous Goods by Rail) (Amendment) Regulations 2015 ( S.I. No. 360 of 2015 )) the following:

“ ‘Directive’ means Directive 2008/68/EC of the European Parliament and of the Council of 24 September 20081, as amended by Commission Implementing Decision 2015/974/EU of 17 June 20153 and Commission Directive (EU) 2016/2309 of 16 December 20162;”, and

(ii) by substituting for the definition of “RID” (inserted by Regulation 2(a)(iii) of the European Union (Transport of Dangerous Goods by Rail) (Amendment) Regulations 2015 ( S.I. No. 360 of 2015 )) the following:

“ ‘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.I in Annex II to the Directive, as applicable with effect from 1 January 2017;”.

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GIVEN under my Official Seal,

12 May 2017.

SHANE ROSS,

Minister for Transport, Tourism and Sport.

EXPLANATORY NOTE

(This note 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 amending Commission Directive (EU) 2016/2309 of 16 December 2016 (insofar as that Directive relates to inland transport of dangerous goods by rail). Directive (EU) 2016/2309 adapts for the fourth time (to scientific and technical progress) the Annexes to Directive 2008/68/EC on the inland transport of dangerous goods by rail including Annex II (RID).

1 OJ No. L260, 30.09.2008, p.13

2 OJ No. L345, 20.12.2016, p.48

3 OJ No. L157, 23.06.2015, p53