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Document 02022L1999-20260624
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 road (codification) (Text with EEA relevance)
Consolidated text: 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 road (codification) (Text with EEA relevance)
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 road (codification) (Text with EEA relevance)
02022L1999 — EN — 24.06.2026 — 002.001
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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 road (codification) (OJ L 274 24.10.2022, p. 1) |
Amended by:
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Official Journal |
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No |
page |
date |
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DECISION (EU) 2024/1254 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 24 April 2024 |
L 1254 |
1 |
30.4.2024 |
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COMMISSION DELEGATED DIRECTIVE (EU) 2025/1801 of 23 June 2025 |
L 1801 |
1 |
13.10.2025 |
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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 road (codification)
(Text with EEA relevance)
Article 1
It does not apply to the transport of dangerous goods by vehicles belonging to or under the responsibility of the armed forces.
Article 2
For the purposes of this Directive, the following definitions apply:
‘vehicle’ means any motor vehicle intended for use on the road, whether complete or incomplete, which has at least four wheels and a maximum design speed exceeding 25 km/h, together with its trailers, with the exception of vehicles which run on rails, of agricultural and forestry tractors and of all mobile machinery;
‘dangerous goods’ means dangerous goods as defined in Article 1, point (b), of the Agreement Concerning the International Carriage of Dangerous Goods by Road (ADR), concluded at Geneva on 30 September 1957, and in Annexes A and B to that Agreement, as referred to in Section I.1 of Annex I to Directive 2008/68/EC;
‘transport’ means any road transport operation performed by a vehicle wholly or partly on public roads within the territory of a Member State, including the loading and unloading of goods covered by Directive 2008/68/EC, without prejudice to the arrangements laid down by the laws of the Member States concerning liability in respect of such operations;
‘undertaking’ means any natural or legal person, whether or not profit-seeking, any association or group of persons without legal personality, whether or not profit-seeking, and any body coming under a public authority, whether itself possessing legal personality or dependent on an authority having such personality, which carry, load or unload dangerous goods or cause them to be carried, and those which temporarily store, collect, package or take delivery of such goods as part of a transport operation and are located in the territory of the Union;
‘check’ means any check, control, inspection, verification or formality carried out by the competent authorities for reasons of safety inherent in the transport of dangerous goods.
Article 3
Article 4
The first subparagraph shall not prejudice Member States’ right to carry out specific measures for detailed checks.
Article 5
Without prejudice to other penalties which may be imposed, vehicles in respect of which one or more infringements of the rules on the transport of dangerous goods, in particular infringements listed in Annex II, are established may be immobilised either on-the-spot or at a place designated for that purpose by the authorities carrying out the check, and required to be brought into conformity before continuing their journey or may be subject to other appropriate measures, depending on the circumstances or the requirements of safety including, where appropriate, refusal to allow such vehicles to enter the Union.
Article 6
The purpose of such checks shall be to ensure that safety conditions for the transport of dangerous goods by road comply with the relevant laws.
Article 7
The competent authorities of the Member State in which serious or repeated infringements have been recorded may ask the competent authorities of the Member State in which the vehicle is registered or in which the undertaking is established to take appropriate measures with regard to the offender or offenders.
The competent authorities of the Member State in which the vehicle is registered or in which the undertaking is established shall notify the competent authorities of the Member State in which the infringements were recorded of any measures taken with regard to the transporter or the undertaking concerned.
Article 8
If the findings of a roadside check on a vehicle registered in another Member State give grounds for believing that serious or repeated infringements have been committed which cannot be detected in the course of that check in the absence of the necessary data, the competent authorities of the Member States concerned shall assist one another in order to clarify the situation.
Where, to that end, the competent Member State carries out a check in the undertaking, the other Member States concerned shall be notified of the results.
Article 9
Each Member State shall send the Commission for each calendar year, not later than 12 months after the end of that year, a report, drawn up in accordance with the model standard form set out in Annex III to this Directive, on the application of Directive 95/50/EC and this Directive, including the following particulars:
if possible, the determined or estimated volume of dangerous goods transported by road, in tonnes transported or in tonnes/kilometres;
the number of checks carried out;
the number of vehicles checked by place of registration (vehicles registered nationally, in other Member States or in third countries);
the number of infringements recorded according to risk category as referred to in Annex II;
the type and number of penalties imposed.
The last report pursuant to the first subparagraph shall be submitted to the Commission by 31 December 2024 and shall cover the period from 1 January 2023 to 31 December 2023.
From 1 January 2024, the reports for each calendar year referred to in paragraph 1, first subparagraph, shall be submitted to the Commission every two years, no later than 12 months after the end of the second year, and shall include the following information:
the number of checks carried out;
the number of vehicles checked by place of registration (vehicles registered nationally, in other Member States or in third countries);
the number of infringements recorded according to risk category as referred to in Annex II;
the type and number of penalties imposed.
The first report pursuant to the first subparagraph shall be submitted by 31 December 2026.
From 2025 onwards, the Commission shall send that report to the European Parliament and the Council at least every four years.
Article 10
The Commission is empowered to adopt delegated acts in accordance with Article 11 concerning the amendment of Annexes I, II and III to this Directive, in order to adapt them to scientific and technical progress in the fields covered by this Directive, in particular to take account of amendments to Directive 2008/68/EC.
Article 11
Article 12
Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field governed by this Directive.
Article 13
Directive 95/50/EC, as amended by the acts listed in Part A of Annex IV, is repealed, without prejudice to the obligations of the Member States relating to the time-limits for the transposition into national law of the Directives set out in Part B of Annex IV.
References to the repealed Directive shall be construed as references to this Directive and shall be read in accordance with the correlation table in Annex V.
Article 14
This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
Article 15
This Directive is addressed to the Member States.
ANNEX I
Checklist for roadside checks
ANNEX II
Infringements
For the purposes of this Directive, the following non-exhaustive list, divided into three risk categories (category I posing the highest risk), provides guidance on what is to be regarded as an infringement.
The appropriate risk category shall be determined taking into account the particular circumstances of an infringement and at the discretion of the enforcing body/officer, meaning that the risk category of an infringement may be upgraded or downgraded.
Infringements that are not listed shall be classified in accordance with the descriptions of the risk categories.
Where there are several infringements per transport unit, only the most serious risk category shall be applied for reporting purposes (in compliance with the model standard form set out in Annex III).
1. Risk category I
This concerns infringements of ADR provisions which carry a high risk of death, serious personal injury or significant damage to the environment. If observed during roadside checks, such infringements shall normally lead to immediate and appropriate corrective measures such as immobilisation of the vehicle; if observed during checks at premises, these infringements would normally be subject to other appropriate measures.
Failures in this category include:
carriage of dangerous goods the carriage of which is prohibited;
carriage of dangerous goods in a prohibited or unapproved means of containment, endangering lives or the environment to such an extent that a decision is taken to immobilise the vehicle;
carriage of dangerous goods without identification on the vehicle, endangering lives or the environment to such an extent that a decision is taken to immobilise the vehicle;
leakage of dangerous goods;
carriage by a prohibited mode;
carriage in bulk in a vehicle or container which is not structurally serviceable;
carriage in a vehicle without an appropriate certificate of approval;
operation of a vehicle which no longer complies with approval standards and presents an immediate danger (otherwise it shall be classified in risk category II);
use of unapproved packages, tanks, containers or vehicles;
use of packaging which does not comply with the applicable packing instructions; use of tanks, vehicles and containers which do not comply with the applicable provisions;
failure to comply with special provisions for mixed packing;
failure to comply with rules governing the securing and stowage of loads;
failure to comply with rules on foodstuffs, other articles of consumption and animal feeds;
failure to comply with rules governing mixed loading of packages;
failure to comply with provisions limiting quantities authorised for carriage in one transport unit, including permissible degrees of filling tanks or packages;
carriage of dangerous goods without the necessary documents available on board or in an appropriate electronic format, if allowed;
carriage of dangerous goods in packages not bearing the necessary marking, labelling or other identification signs;
carriage of dangerous goods without any placarding, marking (including orange-coloured plate marking) or other identification signs on the vehicle;
incomplete or incorrect information concerning the substance being carried, enabling determination of a risk category I infringement (for example, UN number, proper shipping name, packing group);
valid vocational training certificate not held by driver;
use of fire or unprotected light;
failure to observe smoking ban;
failure to appoint safety adviser for each undertaking, when required;
failure to comply with ADR 1.10 on security provisions, when required.
2. Risk category II
This concerns infringements of ADR provisions which carry a risk of personal injury or damage to the environment. If observed during roadside checks, such infringements shall normally lead to appropriate corrective measures such as rectification on the spot where feasible, otherwise no later than on completion of the current transport operation; if observed during checks at premises, these infringements would normally be subject to other appropriate measures.
Failures in this category include:
operation of a transport unit comprising more than one trailer / semi-trailer;
operation of a vehicle which no longer complies with approval standards but does not present an immediate danger;
failure to carry operational fire extinguishers as required on board a vehicle; fire-fighting equipment not compliant with specific provisions;
failure to carry equipment required under the ADR or in instructions in writing on board a vehicle;
failure to comply with test and inspection dates and periods of use for packaging, intermediate bulk containers (IBCs), large packaging, tanks, vehicles or containers;
carriage of packages with damaged packaging, IBCs or large packaging, or carriage of damaged empty uncleaned packaging;
carriage of packaged goods in a vehicle or container which is not structurally serviceable;
failure to properly close tanks / tank containers, vehicles, containers or packages (including ones that are empty and uncleaned);
packages, tanks, vehicles and/or containment have incorrect labelling, marking (including orange-coloured plate marking), placarding or other identification signs;
no instructions in writing in accordance with the ADR;
failure to properly supervise or park a vehicle;
carriage of persons, other than crew members, in transport units carrying dangerous goods;
failure to comply with regulatory provisions set out in ADR 7.5.10 on precautions to be taken against electrostatic charges during filling and emptying operations;
failure to comply with regulatory provisions on arrival at loading and unloading sites;
failure to comply with regulatory provisions on the safety adviser’s role, duties and certificates for each undertaking, when required;
failure to comply with regulatory provisions on the minimum retention period for the dangerous goods transport document and additional information and documentation as specified in the ADR;
failure to comply with regulatory provisions on the training of persons involved in the carriage of dangerous goods;
failure to submit required documents and/or reports to the competent authorities.
3. Risk category III
This concerns infringements of ADR provisions which carry a low risk of personal injury or damage to the environment and where appropriate corrective measures do not need to be taken at the roadside but can be taken at a later date by the undertaking; if observed during checks at premises, these infringements shall normally be subject to other appropriate measures.
Failures in this category include:
failure to comply with regulations on the size of placards or labels or the size of letters, figures or symbols on placards or labels;
information, with the exception of information falling under risk category I, not available in transport documentation;
failure to carry training certificate on board vehicle but evidence that one is held by the driver;
a means of identification, with photograph, not carried by each member of the vehicle crew;
failure to properly affix placarding and marking (including orange-coloured plate marking) or other identification signs;
late submission of required documents and/or reports to the competent authorities.
ANNEX III
Model standard form for the report to be sent to the Commission concerning infringements and penalties
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Country: _____________________ |
Year: ________________ |
CHECKS ON THE TRANSPORT OF DANGEROUS GOODS BY ROAD
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Place/country of registration of vehicles (1) |
Total number |
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Country of check |
Other EU Member States |
Third countries |
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Number of transport units checked on the basis of the contents of the load (and ADR) |
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Number of transport units not conforming to ADR |
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Number of transport units immobilised |
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Number of infringements noted, according to risk category (2) |
Risk category I |
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Risk category II |
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Risk category III |
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Number of penalties imposed, according to penalty type |
Caution |
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Fine |
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Other |
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Footnotes:
(1) For the purpose of this Annex, the country of registration is that of the motor vehicle.
(2) In the event of several infringements per transport unit, only the most serious risk category in accordance with Annex II shall apply.
ANNEX IV
PART A
Repealed Directive with list of the successive amendments thereto
(referred to in Article 13)
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Council Directive 95/50/EC (OJ L 249, 17.10.1995, p. 35). |
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Directive 2001/26/EC of the European Parliament and of the Council (OJ L 168, 23.6.2001, p. 23). |
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Commission Directive 2004/112/EC (OJ L 367, 14.12.2004, p. 23). |
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Directive 2008/54/EC of the European Parliament and of the Council (OJ L 162, 21.6.2008, p. 11). |
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Regulation (EU) 2019/1243 of the European Parliament and of the Council (OJ L 198, 25.7.2019, p. 241). |
only point IX(1) of the Annex |
PART B
Time-limits for transposition into national law
(referred to in Article 13)
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Directive |
Time-limit for transposition |
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95/50/EC |
1 January 1997 |
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2001/26/EC |
23 December 2001 |
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2004/112/EC |
14 December 2005 |
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2008/54/EC |
– |
ANNEX V
Correlation table
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Directive 95/50/EC |
This Directive |
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Article 1 |
Article 1 |
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Article 2, introductory wording |
Article 2, introductory wording |
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Article 2, first indent |
Article 2, point (a) |
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Article 2, second indent |
Article 2, point (b) |
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Article 2, third indent |
Article 2, point (c) |
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Article 2, fourth indent |
Article 2, point (d) |
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Article 2, fifth indent |
Article 2, point (e) |
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Article 3(1) |
Article 3(1) |
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Article 3(2) |
Article 3(2) |
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Article 4(1), first sentence |
Article 4(1), first subparagraph |
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Article 4(1), second sentence |
Article 4(1), second subparagraph |
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Article 4(2) to (5) |
Article 4(2) to (5) |
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Article 5 |
Article 5 |
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Article 6(1) |
Article 6(1), first subparagraph |
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Article 6(2), first subparagraph |
Article 6(1), second subparagraph |
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Article 6(2), second subparagraph |
Article 6(2) |
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Article 7 |
Article 7 |
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Article 8, first sentence |
Article 8, first paragraph |
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Article 8, second sentence |
Article 8, second paragraph |
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Article 9(1), introductory wording |
Article 9(1), introductory wording |
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Article 9(1), first indent |
Article 9(1), point (a) |
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Article 9(1), second indent |
Article 9(1), point (b) |
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Article 9(1), third indent |
Article 9(1), point (c) |
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Article 9(1), fourth indent |
Article 9(1), point (d) |
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Article 9(1), fifth indent |
Article 9(1), point (e) |
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Article 9(2) |
Article 9(2) |
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Article 9a |
Article 10 |
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Article 9aa |
Article 11 |
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Article 10(1) |
– |
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Article 10(2) |
Article 12 |
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– |
Article 13 |
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Article 11 |
Article 14 |
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Article 12 |
Article 15 |
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Annexes I, II and III |
Annexes I, II and III |
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– |
Annex IV |
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– |
Annex V |