Dáil Éireann Debate, Tuesday - 12 June 2012
297 Deputy Pearse Doherty asked the Minister for Jobs, Enterprise and Innovation the current requirements for ADR Certification in respect of drivers and vehicles carrying dangerous goods between Northern Ireland and the Republic of Ireland; if these requirements differ from the requirements for drivers carrying dangerous goods within the Republic of Ireland only; and if he will make a statement on the matter. [28160/12]
Amharc ar fhreagra298 Deputy Pearse Doherty asked the Minister for Jobs, Enterprise and Innovation if he will provide details of any new enforcement arrangements proposed in relation to ADR Certification in respect of the transport of dangerous goods between the Republic of Ireland and Northern Ireland; if there will be any additional costs incurred by businesses operating in border areas as a direct result of these new enforcement procedures; and if he will make a statement on the matter. [28161/12]
Amharc ar fhreagraI propose to take Questions Nos. 297 and 298 together.
The Health and Safety Authority, an agency under the ageis of my Department, are named as a Competent Authority in relation to ADR (European Agreement Concerning the International Carriage of Dangerous Goods by Road) under the European Communities (Carriage of Dangerous Goods by Road and Use of Transportable Pressure Equipment) Regulations 2011, (S.I. No. 349 of 2011).
There are no new enforcement arrangements being proposed by the Irish Authorities in respect of the transport of dangerous goods between the Republic of Ireland and Northern Ireland.
However, as a result of a decision taken by the UK Authorities in 2011 in their enforcement policy regarding the transport of dangerous goods, the transport requirements in Northern Ireland have now been changed. The UK decided that the carriage of dangerous goods between Ireland and Northern Ireland is an international journey and is subject to the full provisions of ADR. In effect, this means that operators engaged in cross border operations while using vehicles or tanks that are certified for national use only are in breach of ADR and failure to comply with ADR provisions may result in enforcement action including prosecution while operating in either jurisdiction. Heretofore, such vehicles had previously benefited from a local agreement between the respective Authorities in Ireland and Northern Ireland that allowed vehicles and tanks that met national standards to operate freely between the two jurisdictions.
The Health and Safety Authority have been actively providing information and advice to help operators in Ireland who may be affected by the change since it was announced. In addition, an agreement was made with the Northern Irish Authorities that there would be a transition period until December 2012 when enforcement action would not be taken. This was done to allow those operators who were not compliant with ADR to make the necessary changes. It should be noted that many of the Irish operators involved are already compliant with ADR and therefore would not incur any additional costs. There may be costs incurred by operators who may need to bring vehicles and tanks up to the required ADR standards. With respect to ADR driver training certification, all drivers involved in the carriage of dangerous goods by road, are required to undergo training and examination under the National Regulations and under the ADR agreement. The training certification obtained is mandatory for all affected national and international transport of dangerous goods operations. There is no separate driver training certification required for national transport operations. This activity is standardised by the ADR Agreement and various EU Directives which bring the Agreement into EU Law. The certification obtained following training and examination is therefore recognised by all jurisdictions signed up to ADR (over 40 countries, mainly the EU and adjacent countries), thus providing an equal and high level of safety for the transport of dangerous goods and a single market for ADR operators.
