Směrnice Komise v přenesené pravomoci (EU) 2025/1801 ze dne 23. června 2025 o přizpůsobení příloh I a II směrnice Evropského parlamentu a Rady (EU) 2022/1999 o jednotných postupech kontroly při silniční přepravě nebezpečných věcí vědeckému a technickému pokroku
- Identifier:
- 32025L1801
- Status:
- effective
- Text language:
- en
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Directive (EU) 2022/1999 of the European Parliament and of the Council of 19 October 2022 on uniform procedures for checks on the transport of dangerous goods by roadOJ L 274, 24.10.2022, p. 1 , ELI: http://data.europa.eu/eli/dir/2022/1999/oj. , and in particular Article 10 thereof,
Annexes I and II to Directive (EU) 2022/1999 are replaced by the text in the Annex to this Directive.
OJ L 274, 24.10.2022, p. 1 , ELI: http://data.europa.eu/eli/dir/2022/1999/oj.
(1) Under Section I.1 of Annex I to Directive 2008/68/EC of the European Parliament and of the CouncilDirective 2008/68/EC of the European Parliament and of the Council of 24 September 2008 on the inland transport of dangerous goods (OJ L 260, 30.9.2008, p. 13 , ELI: http://data.europa.eu/eli/dir/2008/68/oj). , Annexes A and B to the Agreement concerning the International Carriage of Dangerous Goods by Road (ADR), concluded at Geneva on 30 September 1957 https://unece.org/transport/standards/transport/dangerous-goods/adr-2023-agreement-concerning-international-carriage. , apply to national transport operations within the Union.
(2) Directive 2008/68/EC empowers the Commission to adopt delegated acts to amend the Annexes to that Directive in order to take account of amendments to the ADR, in particular those relating to scientific and technical progress. Under Directive (EU) 2022/1999, the Commission is empowered to adopt delegated acts amending the Annexes to that Directive in particular to take account of amendments to Directive 2008/68/EC, and in consequence, the amendments to the ADR.
(3) The Annexes to Directive 2008/68/EC, and in particular Annex I which concerns the transport of dangerous goods by road, were amended nine times, most recently by Commission Delegated Directive (EU) 2025/149Commission Delegated Directive (EU) 2025/149 of 15 November 2024 amending the Annexes to Directive 2008/68/EC of the European Parliament and of the Council to take into account scientific and technical progress (OJ L, 2025/149, 24.1.2025, ELI: http://data.europa.eu/eli/dir_del/2025/149/oj). .
(4) To ensure the rules currently in force regarding the transport of dangerous goods are appropriately enforced, the checklist used for roadside checks which is laid down in Annex I to Directive (EU) 2022/1999 should be brought in line with the ADR as applicable under Section I.1 of Annex I to Directive 2008/68/EC.
(5) In particular, Chapter 1.4 of Annex A to the ADR sets out the respective safety obligations of participants in the transport chain for dangerous goods, namely consignors, carriers, consignees, loaders, packers, fillers, tank operators and unloaders, thus making their specific responsibilities clear, transparent and enforceable. The checklist laid down in Annex I to Directive (EU) 2022/1999 should reflect those provisions of the ADR by identifying those participants in the transport chain who may incur liability for a given infringement. Such information may serve as a basis for further checks by national authorities.
(6) References to the specific provisions of the ADR should be provided in the checklist laid down in Annex I to Directive (EU) 2022/1999 to help enforcers and participants in the transport chain identify the updated legal provisions of the ADR.
(7) In accordance with Article 9(1) of Directive (EU) 2022/1999, Member States are to send to the Commission reports on checks carried out each calendar year, including the number of infringements recorded by risk category set out in
(8) Annex II to Directive (EU) 2022/1999 classifies infringements of the ADR according to the level of risks that they create. That list should be updated on account of the amendments to the ADR as applicable under Section I.1 of Annex I to Directive 2008/68/EC.
(9) Section 9 of Annex I to Commission Regulation (EU) 2016/403Commission Regulation (EU) 2016/403 of 18 March 2016 supplementing Regulation (EC) No 1071/2009 of the European Parliament and of the Council with regard to the classification of serious infringements of the Union rules, which may lead to the loss of good repute by the road transport operator, and amending Annex III to Directive 2006/22/EC of the European Parliament and of the Council (OJ L 74, 19.3.2016, p. 8 , ELI: http://data.europa.eu/eli/reg/2016/403/oj). classifies infringements of Section I.1 of Annex I to Directive 2008/68/EC according to their impact on the good repute of transport operators. That Section was drawn up in a manner consistent with Annex II to Directive (EU) 2022/1999. It is therefore necessary for the wording of the new Annex II to Directive (EU) 2022/1999 to be kept consistent with Section 9 of Annex I to Regulation (EU) 2016/403.
(10) Annexes I and II to Directive (EU) 2022/1999 should therefore be amended accordingly, and for reasons of clarity, should be replaced.
(11) In accordance with the Joint Political Declaration of 28 September 2011 of Member States and the Commission on explanatory documentsOJ C 369, 17.12.2011, p. 14 . , Member States have undertaken to accompany, in justified cases, the notification of their transposition measures with one or more documents explaining the relationship between the components of a directive and the corresponding parts of national transposition instruments.
Member States shall adopt and publish, by 23 June 2026 at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions.
They shall apply those provisions from 24 June 2026 .
When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.
Directive 2008/68/EC of the European Parliament and of the Council of 24 September 2008 on the inland transport of dangerous goods (OJ L 260, 30.9.2008, p. 13 , ELI: http://data.europa.eu/eli/dir/2008/68/oj).
Article 1 Article 1 Amendments to Directive (EU) 2022/1999
Article 2 Article 2 Transposition 1.Member States shall adopt and publish, by 23 June 2026 at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions. They shall apply those provisions from 24 June 2026 . When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made. 2.Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.
Article 3 Article 3 Entry into force
Article 4 Article 4 Addressees
This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union .
https://unece.org/transport/standards/transport/dangerous-goods/adr-2023-agreement-concerning-international-carriage.
This Directive is addressed to the Member States.
Commission Delegated Directive (EU) 2025/149 of 15 November 2024 amending the Annexes to Directive 2008/68/EC of the European Parliament and of the Council to take into account scientific and technical progress (OJ L, 2025/149, 24.1.2025, ELI: http://data.europa.eu/eli/dir_del/2025/149/oj).
Commission Regulation (EU) 2016/403 of 18 March 2016 supplementing Regulation (EC) No 1071/2009 of the European Parliament and of the Council with regard to the classification of serious infringements of the Union rules, which may lead to the loss of good repute by the road transport operator, and amending Annex III to Directive 2006/22/EC of the European Parliament and of the Council (OJ L 74, 19.3.2016, p. 8 , ELI: http://data.europa.eu/eli/reg/2016/403/oj).
OJ C 369, 17.12.2011, p. 14 .
HAS ADOPTED THIS DIRECTIVE: