Skip to main content
Normal View

JOINT COMMITTEE ON TRANSPORT debate -
Wednesday, 19 Mar 2003

Vol. 1 No. 6

EU Proposals: Presentation.

I am delighted to welcome, from the Department of the Environment and Local Government, Mr. Peter McEvoy, principal officer, and Ms Laura Behan, assistant principal officer, and from the National Roads Authority, Mr. Hugh Cregan, technical adviser. I thank them for attending. I draw the witnesses' attention to the fact that members of the committee have absolute privilege, but this does not apply to witnesses appearing before it. I also remind members of long-standing parliamentary practice to the effect that they should not comment on, criticise or make charges against any person outside the House or any official by name or in such a way as to make him or her identifiable.

Before the committee is an EU proposal for a directive of the European Council on minimum safety requirements for tunnels in the trans-European road network. The relevant document, COM(2002)0769 final, has been circulated to members. This proposal is on the agenda for consideration at the Transport, Telecommunications and Energy Council meeting in Brussels on 27 and 28 March.

Mr. Peter McEvoy

I propose to say some introductory words about the directive, its contents and, at a general level, its implications for Ireland. We will then answer any questions from members to the best of our ability.

The current position regarding road tunnels in Ireland is that we have one existing TEN road tunnel between 500 metres and 1,000 metres long which comes within the terms of the directive, namely, the Jack Lynch tunnel in Cork. That runs contrary to some of the documentation emanating from the EU in which it was indicated that we had no existing tunnel that came within the terms of the directive. In addition, the Dublin Port tunnel is under construction and due for completion in early 2005; the directive will also apply here.

The draft directive seeks to improve safety in European road tunnels. It was tabled by the European Commission on 30 December 2002. It defines minimum safety requirements that have to be met by member states. These apply to a series of items to do with operating a tunnel, including technical equipment; traffic rules; training staff to cope with accidents; providing assistance; user information about how to react in case of fire; and means of communication for making it easier to evacuate users in the event of fire. The draft directive applies to all trans-European road network tunnels more than 500 metres long, whether they are operational, under construction or being designed. The member states are to be allowed ten years to bring all existing tunnels into line with the new requirements.

The four key components dealt with in the draft directive are infrastructure, operation, vehicles and users. Broadly speaking, the proposal defines minimum safety requirements for items such as escape routes, ventilation, emergency exits or the type of signs to be used to show escape routes and tunnel safety equipment. The type of equipment required will depend on the type of tunnel - a five-level classification system is proposed. The category is determined by the volume of traffic and the length of the tunnel.

The draft directive proposes that member states designate an administrative authority to take general responsibility for all aspects of safety and, in particular, compliance with the directive. There also will be a technical advisory body to make assessments and inspections. A safety officer must be appointed to oversee all the required prevention and protection measures. As for vehicles and goods, the draft directive proposes that all heavy goods vehicles using a tunnel should be fitted with extinguishers and information campaigns about user behaviour should be organised on a routine basis by member states.

With regard to tunnels already in operation, member states will have to provide the Commission with a report within three years of the directive's coming into force on how they plan to meet the new requirements. Tunnels will have to be renovated according to a schedule not exceeding ten years. At least 10% of the tunnels being operated in each member state will have to comply with the provisions of the directive within three years of its coming into force, 50% within six years and the remainder within ten years. This means there is a ten-year window to comply with the directive.

What is Ireland's position on the draft directive? The initiative to harmonise minimum safety standards for tunnels is welcome. This will provide a clearer reference threshold in terms of designing and operating tunnels. Both Ireland's existing tunnel and the tunnel under construction are recently built or designed. In supervising the design and construction of these tunnels, the National Roads Authority, which has operational responsibility in this area, has been fully aware of the need to ensure the highest standard of safety provisions in its tunnels and has taken account of the most up-to-date standards and guidance in each of its tunnel projects.

The National Roads Authority is conducting a detailed review of the provisions of the draft directive to assess its implications in relation to the port tunnel and the Jack Lynch tunnel. That full assessment is not yet complete. However, it is important to note at this stage that, based on the provisions of the proposed directive, we consider that the stated requirements in a number of areas appear to exceed those of many international standards and guidance, without any apparent additional discernible safety benefits. Some other member states have similar concerns, which are being discussed in the context of the draft directive being considered in Brussels.

There is currently no single standard governing the design of tunnels. The nature of tunnel design, construction and operation, by definition, involves the integration of a range of areas of technical expertise, some of which are quite daunting. They include geometric design; traffic design; structural design; geotechnical design; drainage design; tunnel ventilation and air quality; tunnel lighting; fire and smoke detection and alarm systems; traffic communications and information systems; tunnel safety; mechanical plant; and electrical power supply and distribution. Typically, the standards used by the NRA in the design of Irish tunnels have been British, supplemented in some cases by international guidelines such as those of PIARC, the World Roads Association.

In estimating the cost to Ireland of implementation of the proposed directive, four broad categories must be considered. One is enhanced administrative structures, in which some cost will arise but probably not a significant amount. Second, structural changes to the tunnels, if required, will be very expensive. Third, changes to services, ventilation and electrical lighting may incur some costs, but it is difficult to evaluate this at this stage. Finally, traffic delay costs could be considerable if structural alterations were required to tunnels.

Legislative implications will fall into the following categories: amending secondary legislation in the area of vehicle standards; amending secondary legislation in the area of road signage; and new secondary legislation to expand the statutory functions of the NRA. The heart of the draft directive is in annexe 1 which sets out all the technical requirements for tunnels. A number of EU member states, namely, Austria, France, Germany and Italy have proposed an alternative annexe 1. As a result, the provisions of the directive and the annexes are likely to change as the draft directive progresses through its various stages, and the end product may be considerably different from the draft directive as tabled. That is all I want to say by way of introduction. We will try to address any questions members may have.

Will the Jack Lynch and Dublin Port tunnels be affected by this? Will it be necessary to introduce additional safety standards?

Mr. McEvoy

A detailed analysis is still under way and Mr. Cregan from the NRA may wish to say something on that. We need to bear in mind that this is a draft tabled by the Commission which must go through a lengthy process to be adapted and modified. What is likely to emerge at the end of that process may be considerably different from what was there at the outset. As it stands, if this draft directive became law we would be obliged to comply with it and to take whatever steps are required.

Surely tunnels all over Europe will have to be changed dramatically. The ones we have built or are in the process of building would have much higher standards than many of the older tunnels in Europe.

Mr. McEvoy

We agree with that but the NRA adopted the very best international practice and standards in designing the Jack Lynch and Dublin Port tunnels. In that respect we hope the implications of the draft directive would not be as onerous for us as they may be for some other member states in regard to older tunnels.

Mr. McEvoy mentioned a section that proposes to amend legislation in the area of vehicle standards. What legislative implications will that have for us?

Mr. McEvoy

It means there are provisions in the draft directive relating to the kind of equipment that certain types of vehicle will have to carry if they are using tunnels which are subject to the draft directive. This refers in particular to fire extinguishers. There are also provisions regarding vehicles that have a second fuel tank which will have to be empty going into the tunnel. We will have to provide for measures such as these in our legislation but it should be possible to do so by way of secondary legislation.

That would have serious consequences for the road haulage industry. For instance, second fuel tanks, which are common on about 95% of all heavy goods vehicles, will have to be empty as the vehicle leaves the country. Travelling with one empty tank poses serious cost problems for hauliers because the fuel prices between here and the UK differ substantially and the haulage industry will lose money. Why is one tank to be empty when the other one can be full? Applying that sort of standard is silly. If one tank is safe both are. The Department of Transport and the Government should object to this crazy proposal.

With regard to fire extinguishers they are either already mandatory in most vehicles or are supplied to most anyway.

Mr. McEvoy

They would be, but it will be a mandatory requirement for the types of vehicles set out in the draft directive. On the issue of the second tank, without defending the article, which is a Commission document, the focus of the draft directive is safety and fire is obviously one of the main safety concerns in a tunnel. I presume that is why this fuel tank requirement has been included and because fire could be significantly worse if a second tank were full.

It is an impossible proposal to operate because in most cases both fuel tanks are on the one feed line, or will automatically switch over when one becomes empty. The proposal would create a greater danger in that if a driver goes into the tunnel with a minimum of fuel and runs out half way through he has nothing to switch over to. It is crazy. If one tank is safe both are. Most of the tanks now are double skinned, that may not be the correct term but I think they are bonded.

I welcome the deputation.

Will this directive apply to all tunnels, rail and road? What is the timescale for adopting the draft and bringing it into law? What does the directive say about ventilation? Mr. Cregan and I go back a long way in relation to the Dublin Port tunnel and a question arose as to whether that tunnel should be vented throughout or the air conducted through its ends. This has environmental implications because either way an accumulation of pollutants is expelled from the tunnel. Finally, what proposals are there for monitoring air quality and noise levels?

Given the discussion taking place on the height of the Dublin Port Tunnel, is there a proposal in the directive on the height of vehicles?

I join my colleagues in welcoming the visitors.

I want to return to Deputy Ellis's comments because he mentioned the economic consideration for the haulage companies. I am concerned about the knock-on effect on traffic congestion if some hauliers decide not to use the tunnels which were probably first intended to take the trucks off the roads. Hauliers may decide not to use them because it would be too difficult for them to comply with the requirements in the directive. Therefore, the tunnel will not have the desired effect.

In what way will the comments made at today's committee be included in the future discussion of this directive?

Mr. McEvoy

In terms of the tunnels covered by the draft directive, in its present form it will apply only to road tunnels and then only to specific ones. They must be on a trans-European networks route and more than 500 metres long. In other words, not every road tunnel will be included. There could be long road tunnels to which the draft directive will not apply.

Regarding the timescale, the draft directive must go through a number of processes. A Council committee is currently examining it. The directive will be a joint one from the Council and Parliament, and when it completes the process in the Council, it will have to go through the Parliament, before returning to the Council. The feeling seems to be that the process could take about 18 months to complete. That is roughly what we see as reasonable for the draft directive to be finalised. I will leave the ventilation questions to Hugh Cregan.

The draft directive includes no provisions regarding the height of vehicles that can use the tunnel. However, there is a separate European Union requirement that tunnels must be able to accommodate vehicles of four metres in height. That is not included in this directive, which is focused on safety - preventing and dealing with accidents. The Department of Transport does not deem it likely that hauliers will fail to use the tunnel to any significant extent. The benefit to them of using the tunnel without charge would be so great that it is difficult to see significant numbers of hauliers not taking that option. The Dublin Transportation Authority is undertaking a study into freight distribution networks in the Dublin region. Among other issues, that study is likely to examine routes to and through the city, with the possibility that certain routes will be preferred. On balance, it does not seem likely to the Department of Transport that significant numbers of heavy vehicle drivers would not choose to use a piece of infrastructure that would greatly benefit their operations by providing quick access to and from the port.

Did the Department take into consideration the necessity for a haulier to empty one of his tanks or the costs of travelling on the Continent and having to buy fuel there? The logistics of a haulier having to empty a tank or pump its contents into another tank before entering the tunnel mean the person would be prepared to take a longer route rather than be seen not to comply with what seems to be relatively unnecessary legislation.

He would simply take the risk of going in with two full tanks.

Obviously we will police the matter. There is no point in enshrining something in legislation if we do not enforce it. I would prefer not to see something included for the sake of it, however. There is no point in our going ahead with something——

There is another matter that people are forgetting. It is mandatory for some vehicles to have two fuel tanks. A refrigerated container will have an independent diesel tank to support it separate from the truck tank. The legislation is crazy. I agree with Senator Dooley that it will be far more beneficial for a haulier to fill up with 600 gallons of diesel - which some vehicles are capable of carrying - and take the long way round to be able to take that extra fuel. A proper system stipulating the type of tank to be used might be an easier way to deal with this matter. One cannot empty one tank at a time on a truck, because if the second tank empties, the truck will develop an airlock. Whoever devised this rule should be asked to talk to representatives of the haulage industry. Has there been any discussion with it on this matter?

Mr. McEvoy

Not at this stage. This document was published relatively recently. In response to the Deputy, I should point out that this is only the draft of the directive and we are noting the points being made on the other side regarding the provision. However, the stipulation may not be as objectionable as the Deputy imagines. Article 3.2 of the draft directive states:

Where heavy goods vehicles are equipped with additional tanks, such as tanks mounted on the trailer or tanks not permanently connected to the engine supply, the tunnel manager will take care that such tanks are empty.

In other words, the provision would not apply to the kind of fuel tank to which the Deputy refers, which is connected directly to the engine.

As Deputy Ellis said, where a refrigerated container has an isolated unit to support its mechanism, which a large number of food-transporting trucks will carry, the difficulty lies in trying to pump the fuel from that or isolating it in another tank. There is a clear concern. Mr. McEvoy will obviously not have an answer for us today on how it will pan out in the next draft of the directive. It would be useful if he could take us through the mechanism by which comments made today will find their way into the next draft.

On that same point, if what you say is true, that means petrol tankers would not be able to use the port tunnel.

Mr. McEvoy

I certainly do not think that was envisaged.

I am not suggesting it was. Mr. McEvoy has been handed those points to tease out, and I hope we are doing that. However, while everything may look great in theory, in the practical world of trying to operate, some of these things become impossible. There is secondary legislation on road signage. Does that mean there will be a different set of road signs for the tunnels from those on ordinary roads? Does it mean there will be signage well before the entrance to a tunnel stating that X, Y and Z are excluded?

The Spanish might veto that.

Mr. McEvoy

Annex 3 to the draft directive sets out requirements regarding signs. It envisages new types of signs connected with tunnels and we would have to provide for them through secondary legislation. However, we do not see that as a major problem in giving effect to the draft directive.

I would like to reply to Deputy Shortall on the ventilation issue. The draft directive makes reference to longitudinal ventilation. The type of tunnel at Dublin Port would be allowed such ventilation. It does not——

Is that in the case of the port tunnel?

Dublin Port tunnel would be allowed longitudinal ventilation in accordance with the directive. It makes no requirement for intermediate ventilation, an issue with which it does not deal.

Is there a length limit?

DEPUTY JOHN ELLIS took the Chair.

There is no length limit specified in the directive with regard to ventilation.

Mr. Cregan is vindicated.

I thank the Deputy. The directive does not deal with the pollutants issue either because that would be covered by environmental directives on air quality.

The Deputy's final question related to noise monitoring. Again, that would be dealt with under the existing directives which cover ambient noise.

I wish to inquire about the doomsday scenario, namely, where a fire might take place in a tunnel. In other European countries and in the US, serious fires have occurred mid-tunnel and the major difficulty lay in accessing carriages or vehicles on fire. There was a famous case of a tunnel fire in America which took place underneath the main water supply, which burst and extinguished the fire. A ventilation system could cause a fire to spread if it was not installed in the correct manner. What lessons have been learned from previous tunnel fires? Will there be points in the middle section of the tunnel to allow access in the event of a fire or a serious crash?

This directive is the reaction to the lessons learned from such fires, particularly a number that occurred in Europe three or four years ago. It encompasses the common-sense approach that should be inherent in any tunnel design. In the case of a twin-tube tunnel, cross-connections will be required at regular intervals so that people can escape to the tunnel free of fire and that emergency services can access the area affected by fire.

The directive includes many other measures, such as emergency telephone provision and the installation of water mains and smoke detection equipment. Such measures are considered good practice in modern tunnel construction, but they were put in place in tunnels built 30, 40 or 50 years ago.

I know of one fire in a tunnel in which a large number of communication cables were badly damaged. Will broadband cables be laid in the tunnels that will be built in the future and, if so, what safeguards can we put in place to ensure that, in the case of a fire, such cables and other equipment would not be destroyed?

The directive is not explicit on that point, but good practice would be to build redundancy into the system. If one system goes down, there must be a back-up system. In the case of communications, one would be relying on more than one cable. There would be a fall-back system which would come into operation in the event of the first cable breaking down.

Acting Chairman

As there are no more questions, I will conclude the meeting. On behalf of the Chairman, I thank Mr. McEvoy, Ms Behan and Mr. Cregan for appearing before the committee to outline what is contained in the proposed directive. I have no doubt they will convey our hidden fears to the relevant authorities. I suggest they talk to road haulage industry representatives prior to making any submission on this matter because the consequential costs to the haulage industry will depend on the way in which the directive is implemented.

The joint committee adjourned at 3.15 p.m. until 2.30 p.m. on Tuesday, 25 March 2003.
Top
Share