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The Carriage of Explosives (Amendment) Regulations (Northern Ireland) 2006

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EXPLANATORY NOTE

(This note is not part of the Regulations)

1.  These Regulations amend the Carriage of Explosives Regulations (Northern Ireland) 2006 (S.R. 2006 No. 182) (“the Carriage Regulations”) to implement—

(a)Commission Directive 2004/89/EC adapting for the fifth time to technical progress Council Directive 96/49/EC on the approximation of the laws of the member States with regard to the transport of dangerous goods by rail (O.J. No. L293, 16.9.2004, p.14);

(b)Commission Directive 2004/110/EC adapting for the sixth time to technical progress Council Directive 96/49/EC on the approximation of the laws of the member States with regard to the transport of dangerous goods by rail (O.J. No. L365, 10.12.2004, p.24); and

(c)Commission Directive 2004/111/EC adapting for the fifth time to technical progress Council Directive 94/55/EC on the approximation of the laws of the member States with regard to the transport of dangerous goods by road (O.J. No. L365, 10.12.2004, p.25).

2.  Council Directive 96/49/EC (O.J. No. L319, 12.12.96, p.7) applies the European Agreement concerning the International Carriage of Goods by Road signed at Geneva on 30th September 1957 (“ADR”). Council Directive 96/55/EC (O.J. No. L234, 17.9.96, p. 25) applies the Regulations concerning the International Carriage of Dangerous Goods by Rail (“RID”) which form Annex 1 to Appendix B to the Convention concerning International Carriage by Rail. The amendments in these Regulations align the Carriage Regulations with the latest versions of the ADR and RID agreements, as defined in regulation 2 of the Carriage Regulations.

3.  Apart from minor amendments, the principal modifications are new provisions—

(a)providing alternative requirements for the carriage of dangerous goods in bulk (paragraphs 1(b) and (e) and 13 of the Schedule);

(b)for security relating to identification requirements for carriers and their personnel and site security plans for high consequence dangerous goods (paragraphs 6 and 12 of the Schedule);

(c)clarifying when dangerous goods may be carried in multiple element gas containers (MEGCs) (paragraph 6(b) of the Schedule); and

(d)reinstating a provision relating to the fire-resistance of orange-coloured plates for carriage within Northern Ireland (paragraph 16(b) of the Schedule).

4.  The Regulations also make consequential amendments to the Order of Secretary of State (No. 9) Relating to Compressed Acetylene Contained in a Porous Substance 1919 (S.I. 1919/809) (regulation 3).

5.  In Great Britain, the corresponding Regulations are the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment (Amendment) Regulations 2005 (S.I. 2005 No. 1732). The Department for Transport has prepared a regulatory impact assessment in relation to those Regulations. Copies of that assessment together with a Northern Ireland Supplement prepared by the Secretary of State are held at Firearms and Explosives Branch, Room 4.16, Block B, Castle Buildings, Stormont Estate, Belfast, BT4 3SG, from where copies may be obtained on request.

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