S.I.No. 347 of 2005

European Communities (Transport of Dangerous Goods by Rail) (Amendment) Regulations, 2005

Made by the Minister

for Transport

European Communities (Transport of Dangerous Goods by Rail) (Amendment) Regulations, 2005

I, Martin Cullen, 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 effect to Commission Directive No. 2004/89/EC of 13 September 2004¹ and Commission Directive No. 2004/110/EC of 9 December 2004² hereby make the following Regulations:

1.         (a)      These Regulations may be cited as European Communities (Transport of Dangerous Goods by Rail) (Amendment) Regulations 2005.

(b) These Regulations and the European Communities (Transport of Dangerous Goods by Rail) Regulations, 2003 ( S.I. No. 701 of 2003 ) shall be construed together as one and may be cited as the European Communities (Transport of Dangerous Goods by Rail) Regulations 2003 to 2005.

2.         Regulation 2 of the European Communities (Transport of Dangerous Goods by Rail) Regulations, 2003 is amended as follows:

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

“ ‘Directive’ means Council Directive 96/49/EC of 24 July 1996³ on the approximation of laws of the Member States with regard to the transport of dangerous goods by rail, as amended by Commission Directive 96/87/EC of 13 December 1996⁴ , Directive 2000/62/EC of the European Parliament and of the Council of 10 October 2000⁵ , Commission Directive 2001/6/EC of 29 January 2001⁶ , Commission Directive 2003/29/EC of 7 April 2003⁷ , Commission Directive No. 2004/89/EC of 13 September 2004¹ and Commission Directive No. 2004/110/EC of 9 December 2004²;”;

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

“ ‘RID’ means the regulations concerning the international transport of dangerous goods by rail (RID), set out in Annex I of Appendix B to the Convention concerning international transport by rail (COTIF), as applicable with effect from 1 January 2005, on the understanding that ‘Contracting Party’ and ‘the States or the Railways’ will be replaced by ‘Member State’;”.

Explanatory Note

(This note is not part of the Instrument and does not purport to be a legal interpretation)

The purpose of these Regulations is to give effect to Commission Directive 2004/89/EC of 13 September 2004 and Commission Directive 2004/110/EC of 9 December 2004, adapting for the fifth and sixth time Council Directive 96/49/EC on the approximation of the laws of the Members States with regard to the transport of dangerous goods by rail.

¹ OJ No. L.293, 16.9.04, p.14.

² OJ No. L.365, 10.12.04, p.24.

³ OJ No. L.235, 17.9.96, p.25.

⁴ OJ No. L.335, 24.12.96, p.45.

⁵ OJ No. L.279, 1.11.2000, p.44.

⁶ OJ No. L.30, 1.2.2001, p.42.

⁷ OJ No. L.90, 8.4.2003, p.7.