ADR 2021 UPDATE – BREXIT

What effect will Brexit have on ADR (European Agreement Concerning the International Carriage of Dangerous Goods by Road) and its authority over the carriage of dangerous good and transportable pressure equipment in the UK?

What effect will Brexit have on ADR?

In short there will be very little change and for the foreseeable future the UK will continue to operate as normal, complying with the regulations and prescriptions set out under ADR (European Agreement Concerning the International Carriage of Dangerous Goods by Road).

The UK Department for Transport have the power to issue derogations from ADR, which basically means that all or part of the legal measure can be applied differently, or not at all, to individuals, groups or organisations. This power has been adopted in British law by our accession to an EU Directive but will lapse after we leave the EU. The UK Department for Transport are therefore proposing to make a simple, straightforward Statutory Instrument containing regulations that will give the Secretary of State continuing power to issue derogations post Brexit.

The ADR EU directive is currently implemented in UK in three sets of regulations – the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations (CDG) 2009, 2011 and 2019 – these Acts of parliament are legally binding until repealed. The Department for Transport propose to replace these by way of a separate statutory instrument with one consolidated set of regulations, containing all the requirements of the existing regulations. Opportunity may also be taken to make some minor amendments, including the removal of discrepancies between CDG and the Radiation (Emergency Preparedness and Public Information) Regulations 2019.

A third statutory instrument is proposed to enable us to continue the regulatory regime after the EU Exit. This includes amendments to references within the existing Regulations related to the UK’s former status as an EU Member State; and provisions for the approved status of existing UK-based EU Notified Bodies to become UK approved inspection bodies in relation to transportable pressure equipment.

So in summary, aside from the 3 statutory instruments outlined above, it appears that Brexit will have no, or extremely little impact on the rule and application of ADR in the UK. These statutory instruments really represent the changes most necessary to enabling continued use of ADR in the UK once separate from the EU.

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