S.I. No. 387/1996 - Dangerous Substances Act, 1972 (Part IV Declaration) Order, 1996.

S.I. No. 387 of 1996.

DANGEROUS SUBSTANCES ACT, 1972 (PART IV DECLARATION) ORDER, 1996.

I, Eithne Fitzgerald, Minister of State at the Department of Enterprise and Employment, in exercise of the powers conferred on me by sections 4 and 24 of the Dangerous Substances Act, 1972 (No. 10 of 1972), the Labour (Transfer of Departmental and Ministerial Functions) Order, 1993 ( S.I. No. 18 of 1993 ), and the Industry and Commerce (Alteration of Names of Department and Title of Minister) Order, 1993 ( S.I. No. 19 of 1993 ), and the Enterprise and Employment (Delegation of Ministerial Functions) (No. 2) Order, 1995 ( S.I. No. 43 of 1995 ), hereby make the following Order:

1. This Order may be cited as the Dangerous Substances Act, 1972 (Part IV Declaration) Order, 1996, and shall come into operation on the 19th day of December, 1996.

2. In this Order "ADR Agreement" means the European Agreement concerning the international carriage of dangerous goods by road (ADR) done at Geneva on 30 September, 1957, and published by the United Nations in 1995 (ECE/Trans/110 (Volume I) and (Volume II) which includes amendments up to 1 January, 1995) or by a publisher authorised by the United Nations to publish that United Nations publication.

3. (1) Any substance (whether or not it is contained in a solution, mixture or preparation) specified in the ADR Agreement or falling within the classification of the ADR Agreement set out in the Schedule to this Order is hereby declared to be a dangerous substance for the purpose of Part IV of the Dangerous Substances Act, 1972 (No. 10 of 1972), on the grounds that in my opinion the substance constitutes a potential source of danger to person or property.

(2) Any provision in any note or any footnote contained in the ADR Agreement concerning the classifications of the substances referred to in the Schedule to this Order shall apply and have effect accordingly.

4. The Dangerous Substances Act, 1972 (Part IV Declaration) Order, 1986 ( S.I. No. 267 of 1986 ), is hereby revoked.

SCHEDULE

All substances falling within the undermentioned classification of the ADR Agreement namely substances of:—

Class 2	Gases:— compressed, liquified or dissolved under pressure.
Class 3	Flammable liquids with the exception of those substances classified as Class 1 and Class 2 petroleum in the Dangerous Substances (Conveyance of Petroleum by Road) Regulations, 1979 ( S.I. No. 314 of 1979 ).
Class 4.1.	Flammable solids.
Class 4.2.	Substances liable to spontaneous combustion.
Class 4.3.	Substances which, in contact with water, emit flammable gases.
Class 5.1.	Oxidising substances.
Class 5.2.	Organic peroxides.
Class 6.1.	Toxic substances.
Class 6.2.	Infectious substances.
Class 8	Corrosive substances.
Class 9	Miscellaneous dangerous substances and articles.

Given under my hand, this 13th day of Dec 1996.

Eithine Fitzgerald, T.D.

Minister of State at the

Department of Enterprise

& Employment.

EXPLANATORY NOTE

This Order replaces the Dangerous Substances Act, 1972 (Part IV Declaration) Order, 1986 ( S.I. No. 267 of 1986 ). It declares to be dangerous for the purpose of Part 4 of the Dangerous Substances Act, 1972 (No. 10 of 1972) all substances falling within the ADR classes listed in the Schedule attached to the Order. In regard to Class 2 which is a restrictive Class for the purposes of the ADR Agreement, only those substances mentioned by name in that Class in the ADR Agreement are to be accepted for carriage by road. Substances satisfying the classification criteria in the ADR Agreement in regard to the other classes which are non restricted classes for the purposes of that Agreement are declared to be dangerous. If the substances are neither named nor defined in these classes they do not come within the scope of the ADR Agreement.

The ADR Agreement is defined in Regulation 2 of these Regulations. Copies of the Agreement are on sale at Government Publications Sales Office, Sun Alliance House, Molesworth Street, Dublin 2 and should be read in conjunction with this Order.