S.I. No. 128/1988:

DANGEROUS SUBSTANCES (METHOD AND APPARATUS FOR TESTING PETROLEUM) REGULATIONS, 1988.

DANGEROUS SUBSTANCES (METHOD AND APPARATUS FOR TESTING PETROLEUM) REGULATIONS, 1988.

I, BERTIE AHERN, T.D, Minister for Labour, in exercise of the powers conferred on me by sections 20 (2) and 36 of the Dangerous Substances Act, 1972 (No. 10 of 1972), hereby make the following Regulations:

1. (1) These Regulations may be cited as the Dangerous Substances (Method and Apparatus for Testing Petroleum) Regulations, 1988.

(2) These Regulations shall come into operation on the 1st day of July, 1988.

2. (1) The test method and apparatus for the determination of the flash point of petroleum shall be in accordance with Part A.9. of the Annex to Commission Directive 84/449/EEC of 25 April, 1984.⁽¹⁾

⁽¹⁾O.J. No. L251, 19.9.84 pp. 61-62.

(2) When the flash point of petroleum as determined by a non-equilibrium method is found to be 22.8°C ± 2°C or 60 ± 2°C, it shall be confirmed by an equilibrium method using the same apparatus.

(3) A report of any test under paragraph (1) of this Regulation shall specify the method and apparatus used for the test and the Class to which the petroleum tested belongs.

(4) In this Regulation, a reference to Part A.9. of the Annex to Commission Directive 84/449/EEC is a reference to that Part as amended or replaced from time to time.

3. For the purpose of these Regulations, the flash point of petroleum as determined by a method and apparatus in accordance with Regulation 2 of these Regulations shall be deemed to be the temperature at which petroleum gives off a flammable vapour at normal atmospheric pressure.

4. (1) Prima facie evidence of any of the test methods used for the determination of the flash point of petroleum may be given in all courts and in all legal proceedings by the production of a document purporting to be a copy of the particular test method so used.

(2) A certificate as to the result of a petroleum flash point test in accordance with these Regulations purporting to be a certificate by the State Chemist or a person who is for the time being approved of by the Minister for Labour for the purposes of these Regulations, shall be admissible as evidence of the matters stated therein, but either party may require the person by whom the test was made to be called as a witness.

GIVEN under my Official Seal, this 16th day of June, 1988.

BERTIE AHERN, T.D.,

Minister for Labour.

EXPLANATORY NOTE

These Regulations prescribe the choice of methods and apparatus to be employed for the testing of petroleum to determine the flash point and thereby the petroleum Class.

The stipulated methods and apparatus are in accordance with Part A.9. of the Annex to Directive 84/449/EEC of the Commission of the European Communities as amended or replaced from time to time.

The flash point and the classification of the petroleum determined in accordance with these regulations apply for the purpose of the requirements of the following Regulations inter alia:--

Dangerous Substances (Licensing Fees) Regulations, 1979 ( S.I. No. 301 of 1979 );

Dangerous Substances (Retail and Private Petroleum Stores) Regulations, 1979 ( S.I. No. 311 of 1979 );

Dangerous Substances (Oil Jetties) Regulations, 1979 ( S.I. No. 312 of 1979 );

Dangerous Substances (Petroleum Bulk Stores) Regulations, 1979 ( S.I. No. 313 of 1979 );

Dangerous Substances (Conveyance of Petroleum by Road) Regulations, 1979 ( S.I. No. 314 of 1979 )