2003 No. 52

HEALTH AND SAFETY

Health and Safety at Work Order (Application to Environmentally Hazardous Substances) Regulations (Northern Ireland) 2003

Made3rd February 2003

Coming into operation14th March 2003

The Department of Enterprise, Trade and Investment1, being a Department designated2 for the purposes of section 2(2) of the European Communities Act 19723 in relation to the regulation and control of the transport of dangerous or environmentally hazardous goods by road, rail or water, in the exercise of the powers conferred on it by the said section 2(2) and of every other power enabling it in that behalf, hereby makes the following Regulations:

Citation and commencement1.

These Regulations may be cited as the Health and Safety at Work Order (Application to Environmentally Hazardous Substances) Regulations (Northern Ireland) 2003 and shall come into operation on 14th March 2003.

Interpretation2.

(1)

In these Regulations –

F1“the CLP Regulation” means Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67/548/EEC and 1999/45/EC and amending Regulation (EC) No. 1907/2006, of which Articles 6(5), 11(3), 12, 14, 18(3)(b), 23, 25 to 29, 35(2) second and third sub-paragraphs and Annexes I to VII are to be read as amended from time to time;

“the Directives” means –

(a)

Council Directive 94/55/EC on the approximation of the laws of the Member States with regard to the transport of dangerous goods by road4;

(b)

Council Directive 96/49/EC on the approximation of the laws of the Member States with regard to the transport of dangerous goods by rail5;

(c)

European Parliament and Council Directive 94/63/EC on the control of volatile organic compound (VOC) emissions resulting from the storage of petrol and its distribution from terminals to service stations6;

(d)

Council Directive 96/35/EC on the appointment and vocational qualification of safety advisers for the transport of dangerous goods by road, rail and inland waterway7;

(e)

Commission Directive 96/86/EC adapting 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 road8;

(f)

Commission Directive 96/87/EC adapting 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 good by rail9;

(g)

F2...

(h)

Commission Directive 1999/47/EC adapting for the second 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 road10;

(i)

Commission Directive 1999/48/EC adapting for the second 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 rail11;

(j)

F3Directive 2000/18/EC of the European Parliament and of the Council on minimum examination requirements for safety advisers for the transport of dangerous goods by road, rail or inland waterway

(k)

Directive 2000/61/EC of the European Parliament and of the Council amending Council Directive 94/55/EC on the approximation of the laws of the Member States with regard to the transport of dangerous goods by road12;

(l)

Directive 2000/62/EC of the European Parliament and of the Council amending Council Directive 96/49/EC on the approximation of the laws of the Member States with regard to the transport of dangerous goods by rail13;

(m)

Commission Directive 2001/6/EC adapting for the third 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 rail14; F4...

(n)

Commission Directive 2001/7/EC adapting for the third 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 road15; F5...

(o)

F2...

(p)

F6Commission Directive 2003/28/EC adapting for the fourth 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

(q)

Commission Directive 2003/29/EC adapting for the fourth 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

(r)

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

(s)

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

(t)

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

(u)

Commission Directive 2006/89/EC adapting for the sixth 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; F7...

(v)

Commission Directive 2006/90/EC adapting for the seventh 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; and

(w)

F8Directive 2008/68/EC of the European Parliament and of the Council on the inland transport of dangerous goods; and

“environmentally hazardous substances” means substances which are dangerous to the environment (whether or not they are already within Article 3(1)(c) of the Health and Safety at Work (Northern Ireland) Order 197816 as dangerous substances).

(2)

The Interpretation Act (Northern Ireland) 195417 shall apply to these Regulations as it applies to an Act of the Northern Ireland Assembly.

Extension of power to make regulations3.

For the purposes only of enabling regulations under Article 17 of the Health and Safety at Work (Northern Ireland) Order 1978 to be made to implement any obligation imposed by any of the Directives F9 or by the CLP Regulation or to deal with any matter arising out of or related to any such obligation, the reference to dangerous substances in Article 3(1)(c) of that Order shall have effect as if it included a reference to environmentally hazardous substances.

Revocations4.

The Health and Safety at Work Order (Application to Environmentally Hazardous Substances) Regulations (Northern Ireland) 199618 and the Health and Safety at Work Order (Application to Environmentally Hazardous Substances) (Amendment) Regulations 200019 are hereby revoked.

Sealed with the Official Seal of the Department of Enterprise, Trade and Investment on 3rd Februaruy 2003.

Michael J. Bohill

A senior officer of the

Department of Enterprise, Trade and Investment

(This note is not part of the Regulations.)

These Regulations extend the reference to dangerous substances in Article 3(1)(c) of the Health and Safety at Work (Northern Ireland) Order 1978 to include environmentally hazardous substances. (Regulation 3. The term “environmentally hazardous substances” is defined in regulation 2.)

The purpose of these Regulations is to enable regulations to be made under Article 17 of that Order to implement the Directives referred to in regulation 2.

These Regulations revoke and remake with amendments the Health and Safety at Work Order (Application to Environmentally Hazardous Substances) Regulations (Northern Ireland) 1996 (“the 1996 Regulations”) and the Health and Safety at Work Order (Application to Environmentally Hazardous Substances) (Amendment) Regulations (Northern Ireland) 2000 (“the 2000 Regulations”).

These Regulations add the Directives referred to in paragraphs (i) to (l) of regulation 2 to the Directives previously listed in the 1996 Regulations, as amended by the 2000 Regulations.

These Regulations have no impact on business.