European Union (Transport of Dangerous Goods by Rail) (Amendment) Regulations 2013. S.I. No. 201/2013

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S.I. No. 201/2013 - European Union (Transport of Dangerous Goods by Rail) (Amendment) Regulations 2013.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 21st June, 2013.

I, LEO VARADKAR, Minister for Transport, Tourism and Sport, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) for the purposes of giving further effect to Directive 2008/68/EC of the European Parliament and of the Council of 24 September 2008¹ , as amended by Commission Directive 2012/45/EU of 3 December 2012² , hereby make the following regulations:

1. These Regulations may be cited as the European Union (Transport of Dangerous Goods by Rail) (Amendment) Regulations 2013.

2. The European Communities (Transport of Dangerous Goods by Rail) Regulations 2010 ( S.I. No. 651 of 2010 ) are amended-

(a) in Regulation 2(1)-

(i) by deleting the definition of “Contracting Party”, and

(ii) by substituting for the definition of “Directive” the following:

“ ‘Directive’ means Directive 2008/68/EC of the European Parliament and of the Council of 24 September 2008¹ (as amended by Commission Directive 2012/45/EU of 3 December 2012²);”.

and

(b) in Regulation 27 by substituting for paragraph (12) the following:

“(12) A person who fails to comply with a prohibition notice is guilty of an offence and is liable-

(a) on summary conviction, to a class A fine, or

(b) on conviction on indictment, to a fine not exceeding €500,000.”.

GIVEN under my Official Seal,

18 June 2013.

LEO VARADKAR,

Minister for Transport, Tourism and Sport.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation)

The purpose of these Regulations is amend the European Communities (Transport of Dangerous Goods by Rail) Regulations 2010 ( S.I. No. 651 of 2010 ) in line with the amending Commission Directive 2012/45/EU of 3 December 2012 adapting for the second time the Annexes to Directive 2008/68/EC on the inland transport of dangerous goods to scientific and technical progress.

1 OJ No. L260, 30.9.2008, p.13

2 OJ No. L332, 4.12.2012, p.18

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S.I. No. 201/2013 - European Union (Transport of Dangerous Goods by Rail) (Amendment) Regulations 2013.