European Communities (Carriage of Dangerous Goods by Road and Use of Transportable Pressure Equipment) (Amendment) (No. 3) Regulations 2017.
Statutory Instruments
Source: Statutory Instruments

num: 2
paragraphs: In these Regulations “Principal Regulations” means the European Communities (Carriage of Dangerous Goods by Road and Use of Transportable Pressure Equipment) Regulations 2011 ( S.I. No. 349 of 2011 ) as amended by the European Communities (Carriage of Dangerous Goods by Road and Use of Transportable Pressure Equipment) (Amendment) Regulations 2013 ( S.I. No. 238 of 2013 ), by the European Communities (Carriage of Dangerous Goods by Road and Use of Transportable Pressure Equipment) (Amendment) Regulations 2015 ( S.I. No. 31 of 2015 ), by the European Communities (Carriage of Dangerous Goods by Road and Use of Transportable Pressure Equipment) (Amendment) (No. 2) Regulations 2015 ( S.I. No. 288 of 2015 ), by the European Communities (Carriage of Dangerous Goods by Road and Use of Transportable Pressure Equipment) (Amendment) Regulations 2017 ( S.I. No. 5 of 2017 ) and by the European Communities (Carriage of Dangerous Goods by Road and Use of Transportable Pressure Equipment) (Amendment) (No. 2) Regulations 2017 ( S.I. No. 282 of 2017 )”;
num: 3
paragraphs: The Principal Regulations are amended—
(1) in Regulation 2, in paragraph (1) by the following amendments—
(a) by replacing the definition of “Minister” with:
““Minister” means the Minister for Business, Enterprise and Innovation;”
(b) in the definition of “notifying authority” by substituting “the Minister” for “the Health and Safety Authority”,
(c) by substituting “a conformity assessment body or inspection body” for “an inspection body” after “means” into the definition of “notified body”.
(2) by substituting for Regulations 69, 70, 71, 72 and 73 the following:
“Notifying authority
69. For the purposes of these Regulations, the notifying authority shall be responsible for setting up and carrying out the necessary procedures for the assessment, notification and subsequent monitoring of notified bodies approved in the State.
Accreditation body
70. For the purposes of these Regulations, INAB is responsible for the development and carrying out of procedures for the assessment and monitoring of notified bodies.
Notified bodies
71. (1) The notifying authority shall notify the Commission and the other Member States of the conformity assessment bodies and inspection bodies authorised under these Regulations to carry out the conformity assessment, periodic inspection, intermediate inspection, exceptional checks and reassessment of conformity requirements set out in the Annexes to the Directive and the TPE Directive.
(2) Only a conformity assessment body or inspection body which has been notified to the European Commission and other Member States in accordance with these Regulations and the TPE Directive, and against whom no objections are raised by the European Commission or other Member States within the time periods set down under Article 22 of TPE Directive, shall be a notified body for the purposes of these Regulations and the TPE Directive.
(3) The assessment and monitoring referred to in Article 17(1) and (2) of the TPE Directive shall be carried out by INAB within the meaning of and in accordance with Regulation (EC) No. 765/2008.
Applications for notification by conformity assessment bodies
72. (1) A conformity assessment body or inspection body seeking to become a notified body shall meet the requirements set down in the Annexes to the Directive and the TPE Directive.
(2) A conformity assessment body or inspection body seeking to become a notified body shall submit to the notifying authority an application, which application shall be in accordance with Article 21 of the TPE Directive and shall be accompanied by the appropriate fee, as may be prescribed by the notifying authority.
Notification of conformity assessment bodies and inspection bodies
73. (1) The notifying authority may only notify a conformity assessment body or inspection body where that body—
(a) has made an application to it in accordance with Article 21 of the TPE Directive,
(b) meets the requirements set out in Article 20 of the TPE Directive, and
(c) meets the minimum criteria specified in subsection 1.8.6.8 of the ADR.
(2) Notifications by the notifying authority under paragraph (1) shall be made in accordance with the notification procedure set down in Articles 22 (2), (3) and (4) of the TPE Directive.
(3) The notifying authority shall notify the European Commission and the other Member States of any subsequent relevant changes to the notification.”
(3) By substituting for Regulation 74 the following:
“Changes to notification
74. (1) Where the notifying authority has ascertained or has been informed that a notified body no longer meets the requirements laid down in Article 20 of the TPE Directive, or that it is failing to fulfil its obligations under Article 26 or 27 of the TPE Directive or under these Regulations, that notifying authority shall restrict, suspend or withdraw notification as appropriate, depending on the seriousness of the failure to meet those requirements or fulfil those obligations.
(2) In the event of restriction, suspension or withdrawal of notification, or where the notified body has ceased its activity, the notifying authority shall—
(a) immediately inform the Commission and the other Member States of same, and
(b) take appropriate steps to ensure that the files of that notified body are either processed by another notified body or kept available for the responsible notifying and competent authorities at their request.
(3) The notifying authority shall inform the notified body concerned of its decision and allow that body an opportunity to make representations to it.
(4) The notifying authority shall establish a panel (“appeal panel”) for the purposes of considering appeals under this Regulation. An appeal panel shall consist of at least 3 but not more than 5 persons appointed by the notifying authority, one of whom shall be designated by the notifying authority to be chairperson of the panel. An appeal panel shall not consist of any person who decided, or was involved in the decision, to restrict, suspend or withdraw the relevant notification pertaining to a notified body. The notifying authority may establish more than one appeal panel to consider one or more appeals. An appeal panel shall establish its own procedure.
(5) Where the notifying authority decides to restrict, suspend or withdraw notification pertaining to a notified body, the latter may, within 14 days of the notification under paragraph (3), appeal to an appeal panel against the restriction, suspension or withdrawal, as the case may be. The notification pertaining to a notified body stands restricted, suspended or withdrawn, as the case may be, from the date of the notification of the decision under paragraph (3), unless the appeal panel, upon an application to it, decides otherwise, pending the outcome of the appeal. On hearing the appeal the appeal panel may confirm the decision, vary it or allow the appeal and shall notify the appellant of its decision. The decision of the appeal panel is final except that an appeal lies to the High Court on application to it on a specified point of law. Such an application does not affect the decision of the appeal panel and its operation.
(6) All expenses reasonably incurred by the notifying authority in relation to an appeal before an appeal panel or the High Court shall be borne by the appellant where the appeal panel or the court confirms or confirms with a variation the decisions of the notifying authority. The notifying authority may recover these expenses as a simple contract debt in a court of competent jurisdiction.”
(4) By inserting after Regulation 74 the following:
“Operational obligations of notified bodies
74A.A notified body shall—
(a) carry out conformity assessments, periodic inspections, intermediate inspections and exceptional checks in accordance with the terms of their notification and the procedures set out in the Annexes to the Directive,