Memorandum by the Department
of the Environment, Transport and the Regions
The Committee has requested a
memorandum on the following points:
(1) Regulation 7(8)(b) and (9)
provide that where the training and examination of a safety adviser
are limited to a particular category of dangerous goods the vocational
training certificate shall indicate the limitation. Explain what
provision of the Directive authorises such a limitation.
Council Directive 96/35/EC on
the appointment and vocational qualification of safety advisers
is to be supplemented by a Council Directive on the harmonization
of examination requirements for safety advisers. Article 4 of
this proposed Directive permits Member States to limit the training
and examination of a safety adviser to a particular category of
dangerous goods, and requires that the vocational training certificate
shall clearly indicate any such limitation.
It is anticipated that this Directive
will be adopted later in the year and require implementation before
31st December 1999. Since safety advisers are now being trained
and examined for the vocational training certificate, a decision
was taken by Ministers to include the limitation in the Regulations
in advance of the adoption of the supplementary Directive. To
do otherwise would have required training in all categories, when
it is anticipated that by 31st December, this will not be required.
(2) Given the terms of Article
3(b) and (c) of the Directive (exemptions), explain what authorises
the power of exemption in wider terms taken by regulation 10(1)
This Directive forms part of
a package, with Council Directives 94/55/EC on the transport of
dangerous goods by road, and 96/49/EC on the transport of dangerous
goods by rail.
For example, the definition
of dangerous goods in Directive 96/35/EC on safety advisers refers
to the definition of dangerous goods in Annex A to Directive 94/55/EC.
Article 6(10) of that Directive allows optional temporary derogations
to be granted by agreement between Member States from, in effect,
Annex A, and this has been used in the past to disapply requirements
to the transport of certain goods.
The power of exemption contained
in reg.10(1) and (2) could therefore be used in such circumstances.
In the above example, it could be used to exempt from the requirement
to appoint a safety adviser an employer who only transported those
goods for which a derogation had been agreed.
24th February 1999