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Document 02022L1999-20240520
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)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)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)Text with EEA relevance
02022L1999 — EN — 20.05.2024 — 001.001
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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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DECISION (EU) 2024/1254 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 24 April 2024 |
L 1254 |
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30.4.2024 |
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
(referred to in Article 4)
ANNEX II
Infringements
For the purposes of this Directive, the following non-exhaustive list, classified into three risk categories (category I being the most serious), provides guidance on what is to be regarded as an infringement.
The determination of the appropriate risk category must take account of the particular circumstances and be left to the discretion of the enforcing body/officer at the roadside.
Failures that are not listed under the risk categories shall be classified according to the descriptions of the categories.
In the event that there are several infringements per transport unit, only the most serious risk category (as indicated under item 32 in Annex I) shall be applied for reporting purposes (in compliance with the model standard form set out in Annex III).
1. Risk category I
Where failure to comply with relevant ADR provisions creates a high-level risk of death, serious personal injury or significant damage to the environment; such failures would normally lead to taking immediate and appropriate corrective measures such as immobilisation of the vehicle.
Failures are:
the dangerous goods being carried are prohibited for transport;
leakage of dangerous substances;
carriage by a prohibited mode or an inappropriate means of transport;
carriage in bulk in a container which is not structurally serviceable;
carriage in a vehicle without an appropriate certificate of approval;
the vehicle no longer complies with the approval standards and presents an immediate danger (otherwise it goes in risk category II);
non-approved packaging is used;
the packaging does not conform to the applicable packing instruction;
the special provisions for mixed packing have not been complied with;
the rules governing the securing and stowage of the load have not been complied with;
the rules governing mixed loading of packages have not been complied with;
the permissible degrees of filling of tanks or packages have not been complied with;
the provisions limiting the quantities carried in one transport unit have not been complied with;
carriage of dangerous goods without any indication of their presence (for example, documents, marking and labelling on the packages, placarding and marking on the vehicle);
carriage without any placarding and marking on the vehicle;
information relevant to the substance being carried, enabling determination of a risk category I offence, is missing (for example, UN number, proper shipping name, packing group);
the driver does not hold a valid vocational training certificate;
fire or an unprotected light is being used;
the ban on smoking is not being observed.
2. Risk category II
Where failure to comply with relevant ADR provisions creates a risk of personal injury or damage to the environment; such failures would normally lead to taking appropriate corrective measures such as requiring rectification at the site of control if possible and appropriate, but at the completion of the current transport movement at the latest.
Failures are:
the transport unit comprises more than one trailer/semi-trailer;
the vehicle no longer complies with the approval standards but does not present an immediate danger;
the vehicle is not carrying operational fire extinguishers as required; a fire extinguisher may still be deemed operational if only the prescribed seal and/or the expiry date are missing; however, this shall not apply if the fire extinguisher is visibly no longer operational, for example the pressure gauge is at 0;
the vehicle does not carry the equipment required in the ADR or in the instructions in writing;
test and inspection dates and use-periods of packaging, intermediate bulk containers (IBCs) or large packaging have not been complied with;
packages with damaged packaging, IBCs or large packaging or damaged uncleaned empty packaging are being carried;
carriage of packaged goods in a container which is not structurally serviceable;
tanks/tank containers (including ones that are empty and uncleaned) have not been closed properly;
carriage of a combination packaging with an outer packaging which is not closed properly;
incorrect labelling, marking or placarding;
there are no instructions in writing conforming to the ADR, or the instructions in writing are not relevant to the goods carried;
the vehicle is not properly supervised or parked.
3. Risk category III
Where failure to comply with relevant provisions results in a low level of 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 addressed at a later date at the undertaking.
Failures are:
the size of placards or labels or the size of letters, figures or symbols on placards or labels does not comply with the regulations;
information in the transport documentation other than that in risk category I/16 is not available;
the training certificate is not on board the vehicle but there is evidence that the driver holds it.
ANNEX III
Model standard form for the report to be sent to the Commission concerning infringements and penalties
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)
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)
Directive |
Time-limit for transposition |
95/50/EC |
1 January 1997 |
2001/26/EC |
23 December 2001 |
2004/112/EC |
14 December 2005 |
2008/54/EC |
– |
ANNEX V
Correlation table
Directive 95/50/EC |
This Directive |
Article 1 |
Article 1 |
Article 2, introductory wording |
Article 2, introductory wording |
Article 2, first indent |
Article 2, point (a) |
Article 2, second indent |
Article 2, point (b) |
Article 2, third indent |
Article 2, point (c) |
Article 2, fourth indent |
Article 2, point (d) |
Article 2, fifth indent |
Article 2, point (e) |
Article 3(1) |
Article 3(1) |
Article 3(2) |
Article 3(2) |
Article 4(1), first sentence |
Article 4(1), first subparagraph |
Article 4(1), second sentence |
Article 4(1), second subparagraph |
Article 4(2) to (5) |
Article 4(2) to (5) |
Article 5 |
Article 5 |
Article 6(1) |
Article 6(1), first subparagraph |
Article 6(2), first subparagraph |
Article 6(1), second subparagraph |
Article 6(2), second subparagraph |
Article 6(2) |
Article 7 |
Article 7 |
Article 8, first sentence |
Article 8, first paragraph |
Article 8, second sentence |
Article 8, second paragraph |
Article 9(1), introductory wording |
Article 9(1), introductory wording |
Article 9(1), first indent |
Article 9(1), point (a) |
Article 9(1), second indent |
Article 9(1), point (b) |
Article 9(1), third indent |
Article 9(1), point (c) |
Article 9(1), fourth indent |
Article 9(1), point (d) |
Article 9(1), fifth indent |
Article 9(1), point (e) |
Article 9(2) |
Article 9(2) |
Article 9a |
Article 10 |
Article 9aa |
Article 11 |
Article 10(1) |
– |
Article 10(2) |
Article 12 |
– |
Article 13 |
Article 11 |
Article 14 |
Article 12 |
Article 15 |
Annexes I, II and III |
Annexes I, II and III |
– |
Annex IV |
– |
Annex V |