Vol. 477 No. 1
193 Mr. N. Treacy asked the Minister for Enterprise and Employment the reason he has agreed to the implementation of Statutory Instrument No. 389 for Ireland; the consequence of this for our country; the reason Ireland has accepted this implementation and the other member states of the European Community have not; and if he will make a statement on the matter. [8461/97]
Statutory Instrument No. 389 of 1996, entitled Dangerous Substances (Conveyance of Scheduled Substances by Road) (Trade or Business) (Amendment) Regulations, 1996 was signed into law on 13 December 1996 by the Minister of State with responsibility for labour affairs.
From 1 January 1997, Council Directive 94/55/EC applied the ADR (European agreement concerning the international transport of dangerous goods by road) to national transport. The Minister for Transport, Energy and Communications will introduce legislation to effect ratification of the ADR by Ireland. The ADR will introduce new more stringent standards for vehicles and tanks which will be used to carry dangerous goods on Irish roads. The main reason for the making of S.I. No. 389 of 1996 was to enable existing vehicles and tanks covered by the ADR to continue their useful lives (subject to national safety provisions) without having to have every existing vehicle and tank refitted before 1 January 1997. Council Directive 94/55/EC provided a derogation for this purpose. If S.I. No. 389 had not been enacted, there would have been a major disruption to the transport within Ireland of substances such as petrol, oil and gas.
The application of the ADR to national transport is an obligation imposed under Council Directive 94/55/EC. This requirement applies to every member state without exception. The Deputy will be aware that it is for the Commission of the European Union to ensure that member states are correctly transporting European law.
S.I. No. 389 was the result of an extensive consultation process. Since the making of the S.I. further concerns have been expressed about the potential consequences of the legislation. The Minister for Labour Affairs is examining these concerns and consulting with the Health and Safety Authority with a view to devising means by which these concerns can be overcome.
