Carriage of Dangerous Goods and Use of Transportable Pressure Equipment (Amendment) (EU Exit) Regulations 2020 — House of Lords, 2020-09-29
Topic: Transportation
Charlotte Vere (Conservative, Centre-right): My Lords, this draft instrument will be made under the powers conferred by the European Union (Withdrawal) Act 2018 and will be needed at the end of the transition period. As noble Lords will be aware, we have conducted intensive work to ensure that there continues to be a well-functioning legislative and regulatory regime at the end of the transition period This draft instrument amends the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2009, as amended, which I will call the "2009 regulations". These regulations provide a framework for ensuring the safe transport of dangerous goods in Great Britain The 2009 regulations give effect to two EU directives concerning the carriage of dangerous goods. The Dangerous Goods Directive 2008 gives legal effect to international agreements on the carriage of dangerous goods and establishes a common safety regime across all EU member states. The Transportable Pressure Equipment Directive 2010 sets out procedures to be followed and safety requirements for transportable pressure equipment These amendments ensure that we continue to work to the same requirements and standards in the carriage of dangerous goods as before the UK’s exit from the EU and provide legal certainty for the industry. This is achieved by amending references to the directives in the 2009 regulations, as well as requirements that are predicated on the UK being a member state of the EU I will give a tiny bit of background. The UK has signed up to various international agreements on the transport of dangerous goods. It is a signatory to the European agreement concerning the international carriage of dangerous goods by road. The agreement, helpfully known as ADR, was made under the auspices of the United Nations Economic Commission for Europe, UNECE, and has been implemented in the UK since 1968. The UK is committed to the ongoing implementation of the requirements of this agreement, which predates our EU membership. ADR does not automatically have legal force and is now implemented within the EU by the Dangerous Goods Directive. The EU has also introduced a directive on transportable pressure equipment, also applied domestically through the 2009 regulations Turning to rail, the UK has been a signatory to the convention concerning international carriage by rail—COTIF—and predecessor conventions since 1980. The regulation concerning the international carriage of dangerous goods by rail, RID, forms appendix C to COTIF. As with ADR, the Dangerous Goods Directive implements RID in the EU, including for national transport As mentioned previously, this draft instrument will be made under the powers conferred by the European Union (Withdrawal) Act 2018. It is subject to the affirmative procedure because it transfers an EU legislative function to a public authority in Great Britain, in that it gives the Secretary of State power to derogate from the standards set in three international agreements concerning the carriage of dangerous goods by road, rail, and, to a lesser extent, inland waterways, through the issuing of domestic exemptions to these agreements At the end of the transition period, the dangerous goods and transportable pressure equipment directives are retained in their entirety in UK law. This draft instrument makes the changes necessary so that the requirements and procedures within those directives continue to function correctly. This is essential to ensure the regulatory regime in place in Great Britain after the transition period continues to function. This instrument updates references and definitions used in the regulations to reflect the UK’s exit from the EU At present, the power to issue derogations from ADR and RID, and in respect of inland waterways, rests with the European Commission. This draft instrument gives the Secretary of State power to issue domestic derogations where safety is not compromised. The instrument also introduces a new UK conformity mark—the UK TPE—so that transportable pressure equipment, or TPE, may continue to be manufactured and inspected in Great Britain after the transition period. This instrument places obligations on manufacturers, importers, distributors and owners of this UK TPE, and it mirrors the requirements of the Transportable Pressure Equipment Directive This instrument introduces a process by which the competent authority in Great Britain—in practice, the Secretary of State—may appoint bodies to undertake inspections, examinations, testing and approval of transportable pressure equipment. Under the Transportable Pressure Equipment Directive, the European Commission would have been notified of, and could have vetoed, such an appointment before a UK inspection body was awarded "notified body" status. For notified bodies established in Great Britain before the end of the transition period, this instrument provides for their appointment by the GB competent authority without charging a fee As the carriage of dangerous goods is devolved to Northern Ireland, this instrument will also ensure that transportable pressure equipment assessed in Northern Ireland in accordance with the transportable pressure equipment directive continues to be recognised in Great Britain, through acceptance of the UK(NI) mark. This implements a requirement of the Northern Ireland protocol relating to unfettered access of goods between Northern Ireland and Great Britain This instrument is relatively simple. It serves to ensure the continued effective regulation of the carriage of dangerous goods in Great Britain to the same standards as before the UK’s departure from the EU. It maintains the existing regulatory framework but includes essential amendments to ensure we have a functioning statute book. I beg to move.