Home → Updates → Legal → The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment (Amendment) (EU Exit) Regulations 2021
The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment (Amendment) (EU Exit) Regulations 2021
Jurisdiction: Great Britain
Commencement: 1st January 2023
Amends: The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2009
Mini Summary
The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2009 (“CDG”) govern:
- carriage of dangerous goods by road and rail (and carriage of ‘class 7’ radioactive materials by inland waterway);
- transportable pressure equipment (such as gas cylinders);
- arrangements for radiological emergencies related to transportation; and
- competent authorities for and enforcement of the above.
CDG implements Directive 2008/68/EC on the Inland Transport of Dangerous Goods (“Dangerous Goods Directive”) and revokes The Carriage of Dangerous Goods and use of Transportable Pressure Equipment Regulations 2007. The 2008 Directive required Member States to implement into national legislation the requirements of the European Agreement concerning the International Carriage of Dangerous Goods by Road (“ADR”) and the Regulation Concerning the International Carriage of Dangerous Goods by Rail (“RID”). CDG implements the Directive by making the provisions of ADR and RID enforceable in Great Britain.
CDG also re-transposes Directive 1999/36/EC on transportable pressure equipment. (Note that the Directive has since been replaced by Directive 2010/35/EU on transportable pressure equipment, which has in turn by transposed by The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment (Amendment) Regulations 2011).
CDG also transposes parts of:
- Directive 89/618/Euratom on informing the general public about health protection measures to be applied and steps to be taken in the event of a radiological emergency; and
- Directive 96/29/Euratom laying down basic safety standards for the protection of the health of workers and the general public against the dangers arising from ionizing radiation;
both of which relate to measures to be taken in connection with a radiological emergency.
Duties
There are various duties for organisations.
Amendment
From 1st January 2023, conformity assessments for Transportable Pressure Equipment (TPE) carried out by EU established bodies are prohibited from being placed on the GB market. Only TPE conformity assessed by a GB appointed body and marked with a UK ‘rho’ (UK TPE) marking or ‘qualifying Northern Ireland TPE,’ would be accepted on the GB market.
EU assessed ‘pi‘ marked TPE placed on the GB market before the UK’s withdrawal from the EU can continue to circulate until they have reached their end user.
Conformity assessment bodies must facilitate the exchange of information to allow transferral of conformity assessments between GB and EU.
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