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2021-1370 Carriage of Dangerous Goods Regulations and Use of Transportable Pressure Receptacles
2021-1370 Carriage of Dangerous Goods Regulations and Use of Transportable Pressure Receptacles
2021-1370 Carriage of Dangerous Goods Regulations and Use of Transportable Pressure Receptacles
This
item of legislation is currently only available in its original format.
STATUTORY INSTRUMENTS
The Secretary of State makes these Regulations in exercise of the powers conferred by sections 8(1)
and 8B(1) of, and paragraph 21(b) of Schedule 7 to, the European Union (Withdrawal) Act 2018(1)
(“the 2018 Act”).
The requirements of paragraph 3(2) of Schedule 7 to the 2018 Act (relating to the appropriate
Parliamentary procedure for these Regulations) have been satisfied.
In accordance with paragraph 2(7) of Schedule 3 to the Railways Act 2005(2) the Secretary of State
has consulted the Office of Rail and Road.
(1) 2018 c. 16. Section 8 was amended by section 27(2) to (6) of the European Union (Withdrawal Agreement) Act 2020 (c. 1),
and section 8B was inserted by section 18 of that Act.
(2) 2005 c. 14. Paragraph 2(7) of Schedule 3 was amended by the Office of Rail Regulation (Change of Name) Regulations 2015
(S.I. 2015/1682), by which the Office of Rail Regulation was renamed the Office of Rail and Road.
(3) S.I. 2009/1348; relevant amending instruments are S.I. 2011/1885, 2014/469, 2019/598 and 2020/1111.
Document Generated: 2021-12-10
Status: This is the original version (as it was originally made). This
item of legislation is currently only available in its original format.
(b) the appointed body referred to in sub-paragraph (a) accepts responsibility for the
notified body conformity assessment; and
(c) the appointed body issues a certificate of conformity relying, or relying in part,
on any examinations or tests undertaken prior to the issue of the notified body
conformity assessment.”.
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Document Generated: 2021-12-10
Status: This is the original version (as it was originally made). This
item of legislation is currently only available in its original format.
Amendment of regulation 19C (obligations of importers after placing pi marked TPE on the
GB market)
11. In regulation 19C (obligations of importers after placing pi marked TPE on the GB market),
at the end of paragraph (A1) insert “prior to 1st January 2023”.
(a) in paragraph (1)(a), after “UK TPE marking” insert “and equipment that is, or will become,
Northern Ireland TPE”,
(b) in paragraph (2)(c), after “pi marked TPE” insert “and Northern Ireland TPE”,
(c) in paragraph (5)(b), after “pi marked TPE” insert “and Northern Ireland TPE”.
Trudy Harrison
Parliamentary Under Secretary of State
2nd December 2021 Department for Transport
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Status: This is the original version (as it was originally made). This
item of legislation is currently only available in its original format.
EXPLANATORY NOTE
These Regulations are made in exercise of the powers conferred by section 8(1) of the European
Union (Withdrawal) Act 2018 (c. 16) in order to address failures of retained EU law to operate
effectively and other deficiencies (in particular under section 8(2)(c)) arising from the withdrawal
of the UK from the European Union.
The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2009
(“the principal Regulations”) impose requirements and prohibitions in relation to the carriage of
dangerous goods by road and rail, and to a limited extent by inland waterway. In doing so they
implement certain Directives as respects Great Britain.
The principal Regulations were amended by the Carriage of Dangerous Goods and Use of
Transportable Pressure Equipment (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1111) with
effect from IP completion day, which made provision to implement Part 3 (separation provisions)
of the “Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland
from the European Union and the European Atomic Energy Community” dated 19th October 2019
(the “Withdrawal Agreement”), and the “Protocol on Ireland/Northern Ireland” in the Withdrawal
Agreement. Those amendments included amendments to Part 4 of the principal Regulations, which
makes provision for the conformity assessment of transportable pressure equipment (“TPE”) which
is placed on the market in Great Britain (“the GB market”). The amendments provided for the
operation of a dual system after IP completion day under which both of the following may be placed
on the GB market:
(a) TPE which meets the EU conformity assessment requirements (bearing the “pi” marking
set out in the Transportable Pressure Equipment Directive, known as “pi marked TPE”),
and which includes TPE which has been conformity assessed by a notified body
established in Northern Ireland and bearing the pi marking accompanied by the indication
“UK(NI)”, and
(b) TPE which meets the Great Britain conformity assessment requirements (bearing the “rho”
marking prescribed by the principal Regulations, and known as “UK TPE”).
This dual system, under which EU conformity assessed TPE continues to be accepted on the GB
market, is not reciprocal.
This instrument brings that dual system to an end with effect from 1st January 2023. It provides
that the only TPE which may be placed on the GB market from that date is UK TPE, or TPE
which complies with Part 4 of the Carriage of Dangerous Goods and Use of Transportable
Pressure Equipment Regulations (Northern Ireland) 2010 and which are “qualifying Northern
Ireland goods” within the meaning given in regulations made under section 8C(6) of the European
Union (Withdrawal) Act 2018 (referred to in these Regulations as “Northern Ireland TPE”), and it
makes consequential changes to Part 4 of the principal Regulations. It implements Article 41 of the
Withdrawal Agreement by providing that any EU assessed pi marked TPE which was placed on the
GB market prior to that date may remain on the market, but subject to certain restrictions.
This instrument also makes provision to implement Article 46(1) of the Withdrawal Agreement,
pursuant to section 8B(1)(a) of the 2018 Act. Article 46 requires the United Kingdom to ensure that
certain information held by conformity assessment bodies in the United Kingdom is made available
to notified bodies established in Member States. This instrument amends Schedule 3 of the principal
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Document Generated: 2021-12-10
Status: This is the original version (as it was originally made). This
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Regulations to provide for conformity assessment bodies in Great Britain to be required to share
information in those circumstances.
A full impact assessment has not been produced for this instrument as no, or no significant, impact
on the private, voluntary or public sectors is foreseen. An Explanatory Memorandum is published
alongside the Regulations at www.legislation.gov.uk.