2007 No. 403
HEALTH AND SAFETY

The Health and Safety at Work Order (Application to Environmentally Hazardous Substances) (Amendment) Regulations (Northern Ireland) 2007

Made
Coming into operation
The Department of Enterprise, Trade and Investment1 makes the following Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 19722. The Department has been designated for the purposes of that subsection in relation to dangerous substances or preparations or dangerous or environmentally hazardous goods3.

Citation, commencement and interpretation1.

(1)

These Regulations may be cited as the Health and Safety at Work Order (Application to Environmentally Hazardous Substances) (Amendment) Regulations (Northern Ireland) 2007 and shall come into operation on 5th November 2007.

(2)

The Interpretation Act (Northern Ireland) 19544 shall apply to these Regulations as it applies to an Act of the Northern Ireland Assembly.

Amendment to the Health and Safety at Work Order (Application to Environmentally Hazardous Substances) Regulations (Northern Ireland) 20032.

(1)

The Health and Safety at Work Order (Application to Environmentally Hazardous Substances) Regulations (Northern Ireland) 20035 shall be amended as follows.

(2)

In regulation 2(1) (interpretation), in the definition of “the Directives”—

(a)

after sub-paragraph (f) there shall be added the following sub-paragraph—

“(fa)

Directive 1999/45/EC of the European Parliament and of the Council concerning the approximation of the laws, regulations and administrative provisions of the Member States relating to the classification, packaging and labelling of dangerous preparations6;”

(b)

after sub-paragraph (h) there shall be added the following sub-paragraph—

“(ha)

Directive 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 waterway7;”;

(c)

at the end of sub-paragraphs (k) and (l) the word “and” shall be omitted;

(d)

after sub-paragraph (l) there shall be added the following sub-paragraphs—

“(m)

Commission Directive 2001/60/EC adapting to technical progress Directive 1999/45/EC of the European Parliament and of the Council concerning the approximation of the laws, regulations and administrative provisions of the Member States relating to the classification, packaging and labelling of dangerous preparations8;

(n)

Commission 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 road9;

(o)

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 rail10;

(p)

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 rail11

(q)

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 rail12;

(r)

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 road13;

(s)

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 road14; and

(t)

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 rail15; and ”.

Sealed with the Official Seal of the Department of Enterprise, Trade and Investment on 14th September 2007

Noel Lavery
A senior officer of the Department of Enterprise, Trade and Investment
EXPLANATORY NOTE
(This note is not part of the Regulations)

The Health and Safety at Work Order (Application to Environmentally Hazardous Substances) Regulations (Northern Ireland) 2003 (“the 2003 Regulations”) extend the reference to dangerous substances in Article 3(1)(c) of the Health and Safety at Work (Northern Ireland) Order 1978 (“the 1978 Order”) to include environmentally hazardous substances. The purpose of the 2003 Regulations is to enable regulations to be made under Article 17 of the 1978 Order to implement any obligation imposed by the Directives referred to in regulation 2(1) of the 2003 Regulations.

These Regulations amend regulation 2(1) of the 2003 Regulations to add references to Directives 1999/45/EC and 2000/18/EC and Commission Directives 2001/60/EC, 2003/28/EC, 2003/29/EC, 2004/89/EC, 2004/110/EC, 2004/111/EC, 2006/89/EC and 2006/90/EC so that Regulations can be made under Article 17 of the 1978 Order to implement any obligation imposed by these Directives.

These Regulations have no impact on business.