2017/0515/UK
EC/EFTA
GB Royaume-Uni
  • I40 - Containers et citernes
2018-02-12
2017-11-15

The draft Regulations apply to the great majority of containers that are used for international freight except for those specifically designed for carriage by air. The scope is limited to containers of a minimum prescribed size having corner fittings.


Draft Freight Containers (Safety Convention) Regulations (Northern Ireland) 2018

This draft Regulations along with the Approval of freight containers - Arrangements in Great Britain (the Green Guide notified in 2016, notification: 2016/0617/UK ) and the Freight container examination schemes or programmes - Conditions for approval (the Yellow Guide notified in 2016, notification: 2016/0618/UK), which are separately notified, implement the UK (in Northern Ireland) obligations under the International Convention for Safe Containers, 1972, as amended by resolutions MSC.310 (88) and resolution MSC.355(92) (“C.S.C.”).

The draft Regulations apply to containers which have top corner fittings and a bottom area of at least 7 square metres or, if they do not have top corner fittings, a bottom area of at least 14 square metres. Container is defined in Regulation 2.

These Regulations require owners and lessees and others in control of freight containers used at work or supplied for use at work to comply with conditions of use.

Approval of containers design

Regulations 4 and 5 impose a condition that a container must have a valid approval issued by the Health and Safety Executive for Northern Ireland or by a person or an organisation which it has appointed for that purpose or under and in accordance with regulation 5 of the Freight Containers (Safety Convention) Regulations 2017 (SI 2017/325), or by or under the authority of a foreign Government which has acceded to the C.S.C.

Guidance on the arrangements for the approval of containers in Great Britain is set out in a document entitled “Approval of freight containers - Arrangements in Great Britain (the Green Guide)”. This guidance has been adopted for use in Northern Ireland.

Approved containers are required to display a valid safety approval plate.

Safety approval plate

Regulations 4 and 6 impose a condition that all containers must display a valid, properly displayed safety approval plate as described in regulation 6. The detailed requirements about content and form of the safety approval plate are set out in Schedule 1. Schedule 1 paragraphs describe the safety approval plate specifications including that the plate must be made out of non-corroding material and how and where on the container it should be displayed. Paragraph 2 describes the dimensions and information that must be included on the safety approval plate. Regulation 7 provides transitional arrangements for containers constructed before 1st July 2014. Safety approval plates that complied with the 1992 Regulations prior to 1st July 2014 may be retained unless any structural modifications have been or are made to that container.

Paragraph 3 of Schedule 1 defines technical provisions relevant to the Schedule.

Maintenance and examination

Regulations 4 and 8 impose a condition that containers must be properly maintained and meet the examination requirements set out in regulation 8. For examination requirements to be met, periodic examination schemes or continuous examination programmes must be approved by the Health and Safety Executive for Northern Ireland or by the Health and Safety Executive for the purposes of regulation 8 of the Freight Containers (Safety Convention) Regulations 2017 (SI 2017/325).

The provisions for approved examination programmes are set out in “Freight container examination schemes or programmes - Conditions for approval (the Yellow guide)”.

Under these Regulations it is a defence to criminal proceedings if responsibility for maintenance and examination has passed to another person under express terms set out in a lease, sublease or bailment (regulation 4).

Conspicuous marking

Regulations 4 and 9 require containers with limited stacking or racking capacity to be marked under British Standard, Freight Containers – Coding, identification and marking BS EN ISO 6346: 1995.