The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment (Amendment) Regulations (Northern Ireland) 2006

19.  For regulation 36 (exemption certificates, temporary and ad hoc exemptions) there shall be substituted—

“Exemption certificates, temporary and ad hoc exemptions

36.— (1) Subject to paragraph (2), the Executive, by a certificate in writing, may exempt any—

(a) person or class of persons;

(b) dangerous goods or class of dangerous goods;

(c) type or class of equipment,

from all or any of the requirements or prohibitions imposed by regulation 48 and Schedules 1 and 2 and any exemption may be granted subject to conditions and to a limit of time and may be revoked at any time by the Executive by a further certificate in writing.

(2) The Executive shall not grant any such exemption unless having regard to the circumstances of the case, and in particular to—

(a) the conditions, if any, which it proposes to attach to the exemption; and

(b) any requirements imposed by or under any enactments which apply to the case,

it is satisfied that the environment, the security of goods and the health and safety of persons who are likely to be affected by the exemption will not be prejudiced in consequence of it and that the exemption will be compatible with the requirements of the Directives.

(3) For the purposes of paragraph (2), “the Directives” means—

(a) Council Directive 94/55/EC(1) on the approximation of the laws of Member States with regard to the transport of dangerous goods by road (as amended by Directive 2000/61/EC of the European Parliament and the Council(2) and Commission Directive 2003/28/EC(3)); and

(b) Council Directive 96/49/EC(4) on the approximation of the laws of Member States with regard to the transport of dangerous goods by rail (as amended by Directive 2000/62/EC of the European Parliament and the Council(5) and Commission Directive 2003/29/EC(6)).

(4) Subject to paragraph (5), the Executive may authorise a person or class of persons in writing, in relation to any carriage that takes place wholly in Northern Ireland, to carry dangerous goods contrary to prohibitions or requirements which apply pursuant to Parts II and III where such authorisation operates only to extend derogations allowed by a multilateral agreement which is in force at the time the authorisation is made and which has been entered into by the United Kingdom under chapter 1.5 of ADR in relation to carriage by road or of RID in relation to carriage by rail or under any provision of ADR or of RID which the said chapter 1.5 re-enacted or replaced.

(5) An authorisation issued under paragraph (4) shall be—

(a) subject to the same conditions as the multilateral agreement in question; and

(b) withdrawn by the Executive by a further communication in writing to the person authorised with effect from the same date as the multilateral agreement in question is terminated and may be so withdrawn by the Executive at any time before that.

(6) The Executive may authorise a person or class of persons in writing, in relation to carriage that takes place wholly in Northern Ireland, to carry dangerous goods contrary to the prohibitions or requirements which apply pursuant to Parts II and III or regulation 49 provided that such an authorisation—

(a) is issued in relation to a particular purpose or need which has arisen and that purpose or need is set out in that authorisation;

(b) clearly defines the carriage in question and sets out the limited period for which the authorisation is valid,

and any such authorisation may be granted subject to conditions and may be withdrawn at any time by the Executive by a further communication in writing to the person authorised.

(7) The Executive shall not grant any such exemption unless having regard to the circumstances of the case, and in particular to—

(a) the conditions, if any, which it proposes to attach to the exemption; and

(b) any requirements imposed by or under any statutory provisions which apply to the case,

it is satisfied that the environment, the security of goods and the health and safety of persons who are likely to be affected by the exemptions will not be prejudiced in consequence of it.

(8) The Secretary of State for Defence may, by a certificate in writing, exempt any person or class of persons from all or any of the requirements or prohibitions imposed by these Regulations, insofar as they relate to the carriage of any dangerous goods in or on any vehicle or train owned by, or under the control of, the armed forces, and any such exemption may be granted subject to the conditions and to a limit of time and may be revoked at any time by the said Secretary of State by a further certificate in writing.

(9) In this regulation—

(a) in paragraphs (1) and (7) “equipment” includes any packaging, package, vehicle, wagon, railway vehicle or train; and

(b) in paragraph (4)—

(i) “ADR” means the European Agreement concerning the International Carriage of Dangerous Goods signed at Geneva on 30th September 1957, as revised or re-issued from time to time(7); and

(ii) “RID” means the Regulations concerning the International Carriage of Dangerous Goods by Rail which form Annex I to Appendix B to COTIF”.

(1)

O.J. No. L319, 12.12.94,p. 7

(2)

O.J. No. L279, 1.11.2000,p. 40

(3)

O.J. No. L90, 8.4.2003, p. 45

(4)

O.J. No. L235, 17.9.96, p. 25

(5)

O.J. No. L279, 1.11.2000, p. 44

(6)

O.J. No. L90, 8.4.2003, p. 47

(7)

Current edition (2005): ISBN 92-1-139097-4