The Road Tunnel Safety (Amendment) Regulations 2021

Amendment of the Road Tunnel Safety Regulations 2007

5.  After regulation 2 (interpretation etc.), insert—

“Modification of the Road Tunnel Directive

2A.— (1) For the purposes of these Regulations, references to Annex I and Annex II of the Road Tunnel Directive must be read with the following modifications.

(2) In Annex I—

(a) in paragraph 1.1.3. for “Article 13” substitute “regulation 18 of the Road Tunnel Safety Regulations 2007”;

(b) in paragraph 1.2.1. —

(i) in the first sub-paragraph, for “Member States” substitute “The Tunnel Manager”;

(ii) in each place where it occurs for “Commission” substitute “national authority”;

(iii) omit the second sub-paragraph (beginning “The Commission shall transmit”);

(iv) for the third paragraph, substitute—

“If, following a period of three months after receipt of the request by the national authority, no recommendation is made and notified to the Administrative authority, the limited derogation request shall be deemed refused. During the three month period, the national authority may make a recommendation to grant or refuse the request and notify it to the Administrative authority, setting out its reasons. Where the recommendation is positive, the request is deemed to have been granted. Where the recommendation is negative the Administrative authority must decide whether to grant or refuse the request within one month of the recommendation, taking into account the recommendation of the national authority.”;

(c) in paragraph 2.9.3. for “Article 13” substitute “regulation 18 of the Road Tunnel Safety Regulations 2007”;

(d) in paragraph 3.2. omit the second sentence;

(e) in paragraph 3.4. for “Article 13” substitute “regulation 18 of the Road Tunnel Safety Regulations 2007”;

(f) in paragraph 3.5. omit “, including those starting and finishing in different Member States,”;

(g) in paragraph 3.6. omit the last sub-paragraph;

(h) in paragraph 3.7. for “Article 13” substitute “regulation 18 of the Road Tunnel Safety Regulations 2007”.

(3) In Annex II —

(a) in paragraph 2.2. for “Article 2 of the Directive” substitute “regulation 2(3) of the Road Tunnel Safety Regulations 2007”;

(b) in paragraph 2.3. for “risk analysis requested by point 3.7. of Annex I” substitute “risk analysis required by regulation 18 of the Road Tunnel Safety Regulations 2007”;

(c) in paragraph 2.5. for “the entry into force of this Directive,” substitute “30th April 2004”.”.