Joint Committee on Statutory Instruments Twelfth Report



APPENDIX II

Memorandum by the Department of the Environment, Transport and the Regions

TRANSPORT OF DANGEROUS GOODS (SAFETY ADVISERS) REGULATIONS 1999 (S.I.1999/257)

  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) and (2).

  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


 
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