Explanatory note

These Regulations revoke and replace the Freight Containers (Safety Convention) Regulations (Northern Ireland) 1992 (S.R. 1992 No. 2) (“the 1992 Regulations”). These Regulations and Guidance implement the UK obligations under the International Convention for Safe Containers, 1972, as amended by resolutions MSC.310(88) and resolution MSC.355(92) (“the Convention”).

The Regulations update and modernise the freight containers safety approvals regime established by the 1992 Regulations. The Regulations set out the new container marking requirements and align physical dimensions and units to the international system of units, the globally recognised SI system. The 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.

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, in accordance with the Convention.

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 (“the Executive”) or a person or organisation which it has appointed for that purpose, or under or in accordance with regulation 5 of the Freight Containers (Safety Convention) Regulations 2017, or by or under the authority of a foreign Government which has acceded to the Convention. Guidance on the arrangements for the approval of containers in Northern Ireland are set out in a document entitled “Approval of Freight Containers – Arrangements in Great Britain (The Green Guide)” obtainable from the Executive, 83 Ladas Drive, Belfast, BT6 9FR.

Regulation 4 prohibits the use of containers unless the conditions set out in that regulation are met. All containers must display a valid 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.

Under regulation 4, 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 Executive or by the Health and Safety Executive in Great Britain under regulation 8 of the Freight Containers (Safety Convention) Regulations 2017. Guidance entitled “Freight Container Examination Schemes or Programmes – Conditions for Approval (The Yellow Guide)” is obtainable from the Executive.

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).

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 until any structural modifications are made to that container.

Regulation 9 requires containers with limited stacking or racking capacity to be marked under British Standard, Freight Containers – Coding, identification and marking BS EN ISO 6346: 1995. This standard is published by BSI Knowledge Group, ISBN 978 0 580 80120 4 and is available from www.bsigroup.com/shop, Email: [email protected] or telephone 0345 086 9001 can also be obtained from The British Standards Institute at Kitemark Court, Davy Avenue, Knowlhill, Milton Keynes, MK5 8PP.

Regulation 10 revokes the 1992 Regulations.

Schedule 1 provides that the safety approval plate must be in the form prescribed in Figure 1 which will be reproduced in the published printed copy of these Regulations. Figure 1 may not be reproduced in online or electronic formats. The paragraphs in Schedule 1 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.

Paragraph 3 in Schedule 1 defines technical provisions relevant to that Schedule.

The Regulations and the two sets of guidance were notified in draft (Notification No. 2016/0616/UK, Notification No. 2016/0617/UK and Notification No. 2016/0618/UK) on 28th November 2016 to the European Commission in accordance with 2015/1535/EC of the European Parliament and of the Council (2015 O.J. L241/1).

In Great Britain the corresponding Regulations are the Freight Containers (Safety Convention) Regulations 2017 (S.I. 2017/325). The Great Britain Health and Safety Executive has prepared a full impact assessment in relation to those Regulations. A copy of that assessment together with the Northern Ireland supplement prepared by the Health and Safety Executive for Northern Ireland is held at the offices at 83 Ladas Drive, Belfast, BT6 9FR, from where a copy may be obtained on request.