S.I. No. 247/2019 - European Union (Transport of Dangerous Goods by Rail) (Amendment) Regulations 2019


Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 7th June, 2019.

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) 2018/1846 of 23 November 20182 hereby make the following regulations:

1. (1) These Regulations may be cited as the European Union (Transport of Dangerous Goods by Rail) (Amendment) Regulations 2019.

(2) These Regulations shall come into operation on 30 June 2019.

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

(a) by the substitution for the definition of “Directive” (inserted by Regulation 2(i) of the European Union (Transport of Dangerous Goods by Rail) (Amendment) Regulations 2017 ( S.I. No. 194 of 2017 )) of the following definition:

“ ‘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 20103 ,

(b) Commission Directive 2012/45/EU of 3 December 20124 ,

(c) Commission Directive 2014/103/EU of 21 November 20145 ,

(d) Commission Directive (EU) 2016/2309 of 16 December 20166 , and

(e) Commission Directive (EU) 2018/1846 of 23 November 20182 ;”, and

(b) by the substitution for the definition of “RID” (inserted by Regulation 2(ii) of the European Union (Transport of Dangerous Goods by Rail) (Amendment) Regulations 2017 ( S.I. No. 194 of 2017 )) of the following definition:

“ ‘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 2019;”.

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GIVEN under my Official Seal,

5 June 2019.

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) 2018/1846 of 23 November 2018 (insofar as that Directive relates to the inland transport of dangerous goods by rail).

The Annexes to Directive 2008/68/EC (the main EU Directive on the inland transport of dangerous goods) have been further adapted to scientific and technical progress by Commission Directive (EU) 2018/1846.

1 OJ No. L 260, 30.9.2008, p. 13

2 OJ No. L 299, 26.11.2018, p. 58

1 OJ No. L 260, 30.9.2008, p. 13

3 OJ No. L 233, 3.9.2010, p. 27

4 OJ No. L 332, 4.12.2012, p. 18

5 OJ No. L 335, 22.11.2014, p. 15

6 OJ No. L 345, 20.12.2016, p. 48

2 OJ No. L 299, 26.11.2018, p. 58