S.I. No. 306/2023 - European Union (Transport of Dangerous Goods by Rail) (Amendment) Regulations 2023

1. (1) These Regulations may be cited as the European Union (Transport of Dangerous Goods by Rail) (Amendment) Regulations 2023.

(2) These Regulations shall come into operation on 30 June 2023.

2. In these Regulations, the “Principal Regulations” means the European Communities (Transport of Dangerous Goods by Rail) Regulations 2010 (

S.I. No. 651 of 2010

).

3. Regulation 2(1) of the Principal Regulations is amended -

(a) by the substitution of the following definition for the definition of “Directive”

“ ‘Directive’ means Directive 2008/68/EC of the European Parliament and of the Council of 24 September 2008

1

, as amended by -

(a) Commission Directive 2010/61/EU of 2 September 2010

3

,

(b) Commission Directive 2012/45/EU of 3 December 2012

4

,

(c) Commission Directive 2014/103/EU of 21 November 2014

5

,

(d) Commission Directive (EU) 2016/2309 of 16 December 2016

6

,

(e) Commission Directive (EU) 2018/1846 of 23 November 2018

7

,

(f) Regulation (EU) 2019/1243 of 20 June 2019

8

,

(g) Commission Delegated Directive (EU) 2020/1833 of 2 October 2020

9

, and

(h) Commission Delegated Directive (EU) 2022/2407 of 20 September 2022

2

; ”, and

(b) by the substitution of the following definition for the definition of “RID”

“ ‘RID’ means the Regulations concerning the International Carriage of Dangerous Goods by Rail (RID), appearing as Appendix C to the Convention concerning International Carriage by Rail (COTIF) concluded at Vilnius on 3 June 1999 as applicable with effect from 1 January 2009, and the Annex to those Regulations as referred to in section II.1 in Annex II to the Directive and as applicable with effect from 1 January 2023;”.

4. Regulation 7(1)(d)(i) of the Principal Regulations is amended by the deletion of “Chapter 4.4 and”.

5. Regulation 12(3)(c)(i) of the Principal Regulations is amended by the substitution of –

(a) “time” for “tine”, and

(b) “6.9.2.8” for “6.9.5”.

6. Schedule 1 of the Principal Regulations is amended in paragraph (3) by the substitution of “Chapter 2.2.1.4” for “Chapter 2.2.1.1.7”.

GIVEN under my Official Seal,

9 June, 2023.

EAMON RYAN,

Minister for Transport.

EXPLANATORY NOTE

(

This is not part of the instrument and does not purport to be a legal interpretation)

The purpose of these Regulations is to amend the European Communities (Transport of Dangerous Goods by Rail) Regulations 2010 (

S.I. No. 651 of 2010

) in line with the technical amendment made by Commission Delegated Directive (EU) 2022/2407 of 20 September 2022 in regard to inland transport of dangerous goods by rail (RID).

The Annexes to Directive 2008/68/EC (the main EU Directive on the inland transport of dangerous goods) have been further adapted to scientific and technical progress by Commission Delegated Directive (EU) 2022/2407 and the definitions for “Directive” and “RID” in S.I. No. 651of 2010 have been amended to reflect these changes. Regulations 7(1)(d)(i) and 12(3)(c)(i) have also been amended, along with Schedule 1, to update references to RID in keeping with changes to the 2023 version.

1 OJ No. L260, 30.09.2008, p.13

2 OJ No. L317, 09.12.2022, p.64

1 OJ No. L260, 30.09.2008, p.13

3 OJ No. L233, 03.09.2010, p.27

4 OJ No. L332, 04.12.2012, p.18

5 OJ No. L335, 22.11.2014, p.15

6 OJ No. L345, 20.12.2016, p.48

7 OJ No. L299, 26.11.2018, p.58

8 OJ No. L198, 25.7.2019, p. 241

9 OJ No. L408, 04.12.2020, p.1

2 OJ No. L317, 09.12.2022, p.64

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of

13

th June,

2023.

I, EAMON RYAN, Minister for Transport, in exercise of the powers conferred on me by

section 3

of the

European Communities Act 1972

(No. 27 of 1972) and for the purpose of giving further effect to Directive 2008/68/EC of the European Parliament and of the Council of 24 September 2008

1

(in so far as it relates to the transport of dangerous goods by rail) as amended by Commission Delegated Directive (EU) 2022/2407 of 20 September 2022,

2

hereby make the following regulations