EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations amend the Identification and Traceability of Explosives Regulations (Northern Ireland) 2010 (“the 2010 Regulations”), which implement, as regards Northern Ireland, Commission Directive 2008/43/EC setting up, pursuant to Council Directive 93/15/EC, a system for the identification and traceability of explosives for civil uses (“the 2008 Directive”).
They amend the 2010 Regulations in two ways: firstly, by changing the commencement date to 5th April 2013 instead of 5th April 2012 and secondly, by inserting a new regulation 7A in the 2010 Regulations. The change to the commencement date is for the partial implementation of Articles 1.4 and 2.1 of Commission Directive 2012/4/EU(1) which amends the 2008 Directive.
The new regulation 7A requires the Secretary of State to review the operation and effect of the 2010 Regulations and publish a report within five years after regulation 7A comes into force and within every five years after that. Following a review it will fall to the Secretary of State to consider whether the 2010 Regulations should remain as they are, or be revoked or be amended. A further instrument would be needed to revoke the Regulations or to amend them.
A full impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector is available from the Health and Safety Executive, Redgrave Court, Merton Road, Merseyside, L20 7HS and is available in the libraries of both Houses of Parliament, and is annexed to the Explanatory Memorandum which is available alongside the instrument on www.legislation.gov.uk.
A copy of the transposition note in relation to this partial implementation of the 2012 Directive can be obtained from the Northern Ireland Office, at the same address (as can copies of the transposition note for the implementation of the 2008 Directive). Copies of these documents are available in the libraries of both Houses of Parliament.
OJ L 50, 22.2.2012, p. 18.