S.I. No. 108/1993:

INTERNATIONAL CARRIAGE OF PERISHABLE FOODSTUFFS (AMENDMENT) REGULATIONS, 1993.

INTERNATIONAL CARRIAGE OF PERISHABLE FOODSTUFFS (AMENDMENT) REGULATIONS, 1993.

I, BRIAN COWEN, Minister for Transport, Energy and Communications, in exercise of the powers conferred on me by section 5 of the International Carriage of Perishable Foodstuffs Act, 1987 (No. 20 of 1987), as adapted by the Tourism and Transport (Alteration of Name of Department and Title of Minister) Order, 1991 ( S.I. No. 25 of 1991 ), and the Tourism, Transport and Communications (Alteration of Name of Department and Title of Minister) Order, 1993 ( S.I. No. 17 of 1993 ), hereby make the following Regulations:

1. These Regulations may be cited as the International Carriage of Perishable Foodstuffs (Amendment) Regulations, 1993.

2. These Regulations and the International Carriage of Perishable Foodstuffs Regulations, 1989 and 1991, may be cited together as the International Carriage of Perishable Foodstuffs Regulations, 1989 to 1993, and shall be construed together as one.

3. The International Carriage of Perishable Foodstuffs Regulations, 1989 ( S.I. No. 52 of 1989 ), are hereby amended--

( a ) by the insertion in Part IV, before Regulation 10, of the following Regulation:

"Conditions to be complied with as respects designated test stations

9 (A) (1) The owner of every designated test station shall--

( a ) maintain the designated test station and all apparatus thereat for the testing of transport equipment, so that they continue to be of the standard required for the carrying out of the said tests in accordance with these Regulations;

( b ) maintain in written form work instructions and procedures so that the said tests can be carried out in accordance with these Regulations and make such instructions and procedures available for inspection by a certifying authority;

( c ) maintain a written record of all such tests, so as to establish, to the satisfaction of a certifying authority, that each individual test of transport equipment was carried out in accordance with these Regulations and make such record available for inspection by a certifying authority;

( d ) at suitable intervals have the said apparatus thereat calibrated with traceability to national or international standards;

( e ) co-operate with such person as is approved by the Minister for the purpose of this Regulation to enable the carrying out at the owner's expense of twice-yearly inspections of the designated test station and the said apparatus thereat;

( f ) submit the reports of the said inspections forthwith to the Minister;

( g ) on due notice, make provision for and make available the designated test station and all apparatus thereat for carrying out the said tests in accordance with these Regulations, and

( h ) notify the Minister forthwith of any alteration made or deterioration arising or damage caused to the designated test station or to the said apparatus thereat which could adversely affect or prevent the carrying out of the said tests in accordance with these Regulations and shall not permit any test to be carried out at the designated test station or using the said apparatus thereat for the purposes of these Regulations for so long as that alteration, deterioration or damage has not been rectified to the satisfaction of the Minister.

(2) Notwithstanding paragraph (1) of this Regulation, the Minister may at any time require the owner of a designated test station to have an independent inspection carried out at the owner's expense of both the designated test station and the said apparatus thereat and to have the results of that inspection furnished forthwith to the Minister.",

and

( b ) with effect from the 18th day of July, 1993--

(i) by the substitution, in paragraph (c) of the definition of "test" in Regulation 2 (1), of "paragraphs 51 to 59" for "paragraphs 51 to 58", and

(ii) by the substitution, in Regulation 12 (2), of "paragraph 60" for "paragraph 59".

GIVEN under my Official Seal, this 22nd day of April, 1993.

BRIAN COWEN,

Minister for Transport, Energy

and Communications.

EXPLANATORY NOTE.

These amending Regulations

( a ) make immediate provision to secure the maintenance of standards at designated test stations, and

( b ) effective from 18 July, 1993, take account of the amendment on that date, with the addition of a further paragraph (paragraph 59) concerning the testing of refrigeration units, to Annex 1, Appendix 2, to ATP -- Agreement on the International Carriage of Perishable Foodstuffs and on the Special Equipment to be Used for such Carriage.