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

1.  In regulation 2(1) (interpretation)—

(a) for the definition of “ADR” substitute—

““ADR” means (except for the purposes of regulations 4 and 33(4)) the provisions which came into effect on 1st January 2005 concerning the international carriage of dangerous goods by road which—

(a)

form Annexes A and B to the European Agreement Concerning the International Carriage of Dangerous Goods by Road (version applicable as from 1st January 2005)(1); and

(b)

are contained in Annexes A and B to Council Directive 94/55/EC, as amended, of 21st November 1994 on the approximation of the laws of member States with regard to the transport of dangerous goods by road(2),

and “ADR Directive” means the Directive referred to in sub-paragraph (b);;”;

(b) after the definition of “battery-wagon” insert—

““bulk container” has the meaning in section 1.2.1 of ADR in relation to carriage by road or of RID in relation to carriage by rail;”;

(c) after the definition of “class 2 goods” insert—

““class 3 goods” shall be construed in accordance with sub-section 2.2.3.1.1. of ADR in relation to carriage by road or of RID in relation to carriage by rail;

“class 4 goods” shall be construed in accordance with sub-section 2.2.41.1.1 of ADR in relation to carriage by road or of RID in relation to carriage by rail;”;

(d) in the definition of “emergency action code” for the words “2004(3)” substitute “2005(4)”;

(e) in the definition of “old tank” for the words “UN-certified MEGC” substitute “UN MEGC”;

(f) in the definition of “operator” for the words “UN-certified MEGC or tank” substitute “UN MEGC, tank or bulk container”;

(g) for the definition of “RID” substitute—

““RID” means (except for the purposes of regulations 4 and 33(4)) the Regulations which came into effect on 1st January 2005 concerning the international carriage of dangerous goods by rail which—

(a)

form Annex 1 to Appendix B to COTIF; and

(b)

are contained in the Annex to Council Directive 96/49/EC of 23rd July 1996, as amended, on the approximation of the laws of member States with regard to the transport of dangerous goods by rail(5),

and the “RID Directive” means the Directive referred to in paragraph (b);;”;

(h) in the definition of “transportable pressure equipment” for the words “UN-certified MEGC” substitute “UN MEGC”; and

(i) for the definition of “UN-certified multiple element gas container” substitute—

““UN multiple element gas container” (“UN MEGC”) has the meaning in sub-section 6.7.5.1 of ADR in relation to carriage by road or of RID in relation to carriage by rail;”.

(1)

Current edition (2005): ISBN 92-1-139097-4 and corrigendum 1 (December 2004)

(2)

OJ No. L319, 12.12.94, p7; relevant amending Directives are Directive 2000/61/EC of the European Parliament and the Council of 10th October 2000 (OJ No. L79. 1.11.2000, p40), Commission Directives 2003/28/EC of 7th April 2003) (OJ No. L90, 8.4.2003, p45) and 2004/111/EC (OJ No. L365, 10.12.2004, p25)

(3)

ISBN 0-11-341275-4

(4)

ISBN 0-11-341304-1

(5)

OJ No. L235, 17.9.1996, p25; relevant amending Directives are Directive 2000/62/EC of the European Parliament and the Council of 10th October 2000 (OJ No. L270, 1.11. 2000, p44), Commission Directives 2003/26/ EC of 7th April 2003 (OJ No. L90, 8.4.2003, p47), 2004/89/EC (OJ No. L293, 16.9.2004 p14) and 2004/110/EC (OJ No. L365, 10.12.2004 p24)