Transportable Pressure Equipment (UK)

UPDATE : recognition of EU Pi-marked TPE will end on 1st Jan 2023.

I posted earlier that the government started a consultation on ending the circulation (in Britain) of EU Pi-marked Transportable Pressure Equipment (TPE) post Brexit. This consultation concluded and the government response is here.

The government response states the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2009 (as amended) will be further amended to end recognition of EU Pi-marked TPE. The purpose of the consultation was to establish whether this amendment should come into force by 1 January 2022 or by 1 January 2023. But there is no consensus on the date, and the government response gives no date.

Answering questions raised, the government response states –

* UK Rho conformity marking was introduced in the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment (EU Exit) (Amendment) Regulations 2020 (amending the 2009 Regulations). Until the regulations are further amended Rho marking remains optional. When the amendment is made, the government response states TPE placed on the market in Britain must be Rho-marked by a GB-appointed body or Pi-marked by a Northern Ireland notified body and accompanied by the UK(NI) indication.

* Under the existing 2009 regulations, TPE can be carried between Great Britain and an EU member state as long as it complies with ADR/RID, even if it is not Rho-marked. Similarly, the European Dangerous Goods Directive 2008/68/EC and the European Transportable Pressure Equipment Directive 2010/35/EU permit the carriage of TPE between a member state and a non-EU country if it complies with ADR/RID, even if it is not Pi-marked.

* Under the Northern Ireland Protocol, Northern Ireland follows the requirements of the European Transportable Pressure Equipment Directive 2010/35/EU (the TPED). EU Pi-marked TPE is accepted in both Northern Ireland and the European Union, so a further conformity assessment would not be necessary to access the market in Northern Ireland. To access both the GB and EU/NI markets the government response states dual conformity assessments would be required.

* There are no plans to amend the regulations for smaller items of TPE. Under the already amended regulations, the minimum height of the Rho marking is reduced to 2.5 millimetres for smaller cylinders with a diameter less than or equal to 140 millimetres.

* As Northern Ireland continues to follow the requirements of TPED, TPE being placed on the market must be Pi-marked by a notified body established in the EU or Northern Ireland and Rho marked TPE will not be accepted onto the NI market. Periodic inspections of Pi-marked TPE also need to be compliant with TPED in NI and conducted by EU notified bodies.

* Periodic inspections of Rho-marked TPE will need to be undertaken by a GB-appointed body. As Britain is continuing to accept TPE which has been conformity assessed by bodies established in Northern Ireland, such bodies will be able to undertake periodic inspections on TPE accepted onto the GB market. The government response states multiple conformity marks are permitted.

The (2009 Regulations) law supplied in Cardinal Environment EHS Legislation Registers and Checklists already has the 2020 amendment included.

Post-Transition Borders Preparedness (UK)

On 10th Dec, the Chair of the EU Goods Sub-Committee wrote to the UK CDL Michael Gove with questions. The EU Goods Sub-Committee is a Lords Sub-Committee of the European Union Select Committee.

This letter is found here. The questions are identified in bold.

In November 2020 the Committee held five evidence sessions on preparedness for the end of transition, and the arrangements for the import and export of goods after the transition period.

The letter presents to the Government the key findings of the inquiries, asks urgent questions and makes recommendations.

Key Findings

• Crucial IT systems to deal with customs declarations and accessing Kent are still in testing and may not be ready for the end of transition.

• Small businesses will struggle to access these IT systems, or the services of the customs intermediary sector which appears to be under-resourced.

• The traffic management plan is vulnerable to closures, and the plan splits traffic well before drivers would normally make the decision on which route to take.

• Facilities for drivers are inadequate and will have serious welfare, safety and legal implications for those stuck in what may be delayed queues. Comfort breaks and sustenance have not been adequately considered or provided for.

• Animal welfare issues may arise for vehicles carrying livestock if they are stuck in queues for a long time.

• There is widespread uncertainty and the guidance provided by the Government has been complicated and unclear.

Separately (also in the week to 10th Dec), nine organisations involved in the supply of goods to the UK wrote to the UK transport minister Grant Schapps to warn that the current levels of congestion at the country’s leading container ports could continue for some time to come.

This report is here.

In response to pressures on local and national supply chains, the UK Department for Transport, pursuant to Article 14(2) of Regulation (EC) No 561/2006, introduced a temporary and limited urgent relaxation of the enforcement of EU drivers’ hours rules in England, Scotland and Wales.

These temporary relaxations apply from 12:01am on 10 December 2020 until 11:59pm on 30 December 2020, subject to review.

This notice is here.

Rail Transport (UK from 1st January 2021)

Rules change from 1st January 2021 (as a result of Brexit).

The UK Department for Transport issued on 1st July, text applicable to Rail Transport from 1st January 2021. This text is here.

The UK text also refers the reader to the already existing European Commission Notice, updated 28 April, here.

Note the following (this is not an exhaustive list, please read the text behind the links).

Note the deadlines – 1st January 2021 and 1st January 2022. Note the different rules in Northern Ireland.

(1) EU-based operators must apply to the Office of Rail and Road (ORR) for documentation to run services in Britain – the necessary documentation is required by 31 January 2022.

For Northern Ireland, the UK text says “non-UK operators are currently not subject to a time-limited period”. This flows from the Ireland/Northern Ireland Protocol of the EU-UK Withdrawal Agreement.

(2) The UK text says “It is likely that certificates and licences issued in the UK will not be valid in the EU from 1 January 2021”.

If this is the case, operators of cross-border services will be subject to the recognition implications set out in both UK and EU rules.

(3) The UK will continue to recognise certain EU-issued documents until 31 January 2022 for services in Britain. These are operator licences, safety certificates, and train driving licences.

For Northern Ireland, the UK text says “The 2-year time limit from 31 January 2020 on recognition of these categories of EU-issued documents does not currently apply to Northern Ireland.” Again, this flows from the Ireland/Northern Ireland Protocol of the EU-UK Withdrawal Agreement.

Any future arrangements with France are expected to deal with the Channel Tunnel itself but not with the routes into continental Europe (beyond Calais-Fréthun). UK operators and train drivers will need to obtain additional licences and safety certificates to operate or work in the EU.

(4) The UK’s formal participation in the EU Agency for Railways (ERA) ended on 31 January 2020 and the UK is not seeking membership of ERA. The UK text says “The UK intends to put in place appropriate arrangements for regulatory co-operation with ERA where this is necessary to secure the safety of international rail services.”

(5) After 31 January 2022, operators with an EU operating licence will need to hold an ORR-issued licence to operate in Britain. Establishment in the UK is not necessary, but the UK ORR licence will need to have been applied for and obtained by 31 January 2022 to continue operating after that date.

Operators holding an ORR-issued licence that run domestic services in the EU will need to re-apply for an operator licence in an EU member state, consulting the relevant guidance and following the requirements from the EU or the relevant member state. The licence must be in place by 1 January 2021.

This is also the case for UK-based operators seeking to run new domestic services in an EU member state.

Operators of cross-border services between the UK and the EU holding an ORR-issued licence will need to re-apply for an operator licence in an EU member state. The licence must be in place by 1 January 2021.

(6) ORR-issued Part A and Part B safety certificates will be valid for UK-based domestic operators operating in Britain until their normal expiry.

EU established operators running a domestic-only service in Britain, with a Part A safety certificate issued in the EU before 31 January 2020, will be able to use these certificates until 31 January 2022 or until they expire – whichever is earlier.

Proposed changes to UK regulations will allow EU established operators running a domestic-only service in Britain with a Part A safety certificate issued in the EU before 31 January 2022 to run services in Britain until 31 January 2022. These changes are to be made in the Railways (Miscellaneous Amendments, Revocations and Transitional Provisions) (EU Exit) Regulations 2020. Subject to Parliamentary process, it is expected they will come into force on 31 December 2020.

This will also apply to operators running services with a single safety certificate issued under Directive (EU) 2016/798, which will be deemed equivalent to a UK Part A safety certificate during the period between 31 December 2020 (subject to the changes to regulations coming into force) and 31 January 2022.

If trains are operated in Britain on the basis of an EU-issued safety certificate, the relevant safety certification issued by the ORR is required by 31 January 2022 at the latest. An ORR-issued Part B certificate associated with an EU-issued Part A safety certificate or a Single Safety Certificate will expire alongside the parent certificate. An operator obtaining new safety certification will also be required to apply for and obtain a new Part B safety certificate.

Establishment in the UK is not required to obtain relevant safety certification issued by the ORR, but a UK address must be supplied in the application.

For Northern Ireland – the UK text says – “non-UK based operators running a domestic-only service with a Part A safety certificate issued in the EU are not currently subject to a time-limited recognition period.” Again, this flows from the Ireland/Northern Ireland Protocol of the EU-UK Withdrawal Agreement.

Any EU operator seeking to run domestic services in Britain based on an EU-issued Single Safety Certificate, issued under Directive (EU) 2016/798 until 31 January 2022, will also have to obtain a Part B safety certificate from the ORR before it can do so.

UK-based operators running domestic services in the EU who hold an ORR-issued, or Northern Ireland-issued, Part A safety certificate need to obtain an EU safety certificate by 1 January 2021. This also applies to UK-based operators seeking to run new domestic services in an EU country.

Operators established in the UK who operate cross-border services and hold an ORR-issued Part A safety certificate will need to obtain EU safety certification by 1 January 2021.

(7) Entities in charge of maintenance (ECM) that maintain vehicles in the EU on the basis of an ECM certificate issued in the UK by the ORR or an accredited certification body need to apply for and obtain a new ECM certificate from a certification body in an EU country.

Vehicles used in international traffic between the UK and the EU also have the option of obtaining a certificate according to the legal framework of the Convention concerning International Carriage by Rail (COTIF). The validity of ECM certificates issued in the UK by the ORR or an accredited certification body will be unchanged for freight wagons running purely on the UK mainline railway. ECMs that hold a certificate issued in accordance with COTIF can continue using these certificates in the UK for operations involved in international traffic. ECMs may also rely on certificates issued in the EU in accordance with Commission Regulation 445/2011 to maintain freight wagons for use in domestic operations.

Proposed changes to regulations will allow ECMs to rely on certificates issued in the EU in accordance with the new Commission Implementing Regulation (EU) 2019/779 to maintain freight wagons for use in domestic operations. These changes are included in the Railways (Miscellaneous Amendments, Revocations and Transitional Provisions) (EU Exit) Regulations 2020. Subject to Parliamentary process, it is expected they will come into force on 31 December 2020.

(8) Drivers working on services in Britain, including cross-border services, and using licences and certificates issued in the EU up to the 31 January 2020, are able to drive trains on the basis of those licences until 31 January 2022 or until they expire – whichever is earlier.

Proposed changes to regulations will allow train drivers working on services in Britain, including cross-border services, and using licences and certificates issued in the EU up to the 31 January 2022, to use this documentation until the 31 January 2022. These changes are included in the Railways (Miscellaneous Amendments, Revocations and Transitional Provisions) (EU Exit) Regulations 2020. Subject to Parliamentary process, it is expected they will come into force on 31 December 2020.

From 31 January 2022, train drivers working in Britain will need to have obtained a UK train driving licence from the ORR to continue operating. The validity of train driving certificates is unaffected. However, operators must ensure that certificates held by newly re-licensed drivers (and their registers of those certificates) refer to the correct licence.

This means that, UK train driving licences are required by 31 January 2022.

Train drivers operating international services or driving domestic services in an EU member state on the basis of an ORR-issued train driving licence will need to re-apply for a train driving licence in an EU country. The new licence will need to be in place by 1 January 2021. Train drivers should apply for and obtain this as soon as possible, where they have not already done so.

(9) From 1 January 2021, the placing of interoperability constituents on the UK market will be based on a UK conformity assessment process, requiring compliance with applicable UK National Technical Specification Notices (NTSNs).

For Northern Ireland, the UK text says “Further updates may be provided in relation to Northern Ireland due to a review of obligations under the Northern Ireland Protocol.” This is the Ireland/Northern Ireland Protocol of the EU-UK Withdrawal Agreement.

The UK text says “It is currently expected that an interoperability constituent placed on the EU market up to 31 December 2020 with a certificate of conformity from a UK notified body will be able to be used within the EU for the period of validity of that certificate in subsystems or vehicles authorised before 1 January 2021.”

(10) Vehicles first authorised in the UK from 1 January 2021 will need to be authorised in the EU as well before they can be used in the EU. Vehicle authorisations issued in the EU up to 31 December 2020 will remain valid in the UK if the vehicle is already in use here prior to that date.

From 1 January 2021 vehicles first authorised outside the UK will require an additional authorisation before they are first used in the UK. This system will be operated in accordance with the UK’s COTIF international obligations.