Commission Delegated Directive (EU) 2025/1801 of 23 June 2025 adapting to scientific and technical progress Annexes I and II to Directive (EU) 2022/1999 of the European Parliament and of the Council on uniform procedures for checks on the transport of dangerous goods by road

Official Journal EN of the European Union L series 2025/1801 13.10.2025 COMMISSION DELEGATED DIRECTIVE(EU) 2025/1801 of 23 June 2025 adapting to scientific and technical progress Annexes I and II to Directive (EU) 2022/1999 of the European Parliament and of the Council on uniform procedures for checks on the transport of dangerous goods by road (Text with EEA relevance) 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 road(1), and in particular Article 10 thereof, Whereas: (1) Under Section I.1 of Annex I to Directive 2008/68/EC of the European Parliament and of the Council(2), Annexes A and B to the Agreement concerning the International Carriage of Dangerous Goods by Road (ADR), concluded at Geneva on 30 September 1957(3), 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) 2025/149(4). (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 (1) OJ L 274, 24.10.2022, p. 1, ELI: http://data.europa.eu/eli/dir/2022/1999/oj. (2) 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). (3) https://unece.org/transport/standards/transport/dangerous-goods/adr-2023-agreement-concerning-international-carriage. (4) 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). ELI: http://data.europa.eu/eli/dir_del/2025/1801/oj 1/7EN OJ L, 13.10.2025 Annex II to that Directive. In order to facilitate that reporting, the risk category of a recorded infringement, determined in accordance with Annex II, should be mentioned on the checklist laid down in Annex I. (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) 2016/403(5)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 documents(6), 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. HAS ADOPTED THIS DIRECTIVE: Article 1 Amendments to Directive (EU) 2022/1999 Annexes I and II to Directive (EU) 2022/1999 are replaced by the text in the Annex to this Directive. 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. (5) 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). (6) OJ C 369, 17.12.2011, p. 14. 2/7 ELI: http://data.europa.eu/eli/dir_del/2025/1801/ojEN OJ L, 13.10.2025 Article 3 Entry into force This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union. Article 4 Addressees This Directive is addressed to the Member States. Done at Brussels, 23 June 2025. For the Commission The President Ursula VON DER LEYEN ELI: http://data.europa.eu/eli/dir_del/2025/1801/oj 3/7EN OJ L, 13.10.2025 ANNEX ‘ANNEX I Checklist for roadside checks 4/7 ELI: http://data.europa.eu/eli/dir_del/2025/1801/ojEN OJ L, 13.10.2025 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: 1. carriage of dangerous goods the carriage of which is prohibited; 2. 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; 3. 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; 4. leakage of dangerous goods; 5. carriage by a prohibited mode; 6. carriage in bulk in a vehicle or container which is not structurally serviceable; 7. carriage in a vehicle without an appropriate certificate of approval; 8. 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); 9. use of unapproved packages, tanks, containers or vehicles; 10. 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; 11. failure to comply with special provisions for mixed packing; 12. failure to comply with rules governing the securing and stowage of loads; 13. failure to comply with rules on foodstuffs, other articles of consumption and animal feeds; 14. failure to comply with rules governing mixed loading of packages; 15. failure to comply with provisions limiting quantities authorised for carriage in one transport unit, including permissible degrees of filling tanks or packages; 16. carriage of dangerous goods without the necessary documents available on board or in an appropriate electronic format, if allowed; 17. carriage of dangerous goods in packages not bearing the necessary marking, labelling or other identification signs; ELI: http://data.europa.eu/eli/dir_del/2025/1801/oj 5/7EN OJ L, 13.10.2025 18. carriage of dangerous goods without any placarding, marking (including orange-coloured plate marking) or other identification signs on the vehicle; 19. 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); 20. valid vocational training certificate not held by driver; 21. use of fire or unprotected light; 22. failure to observe smoking ban; 23. failure to appoint safety adviser for each undertaking, when required; 24. 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: 1. operation of a transport unit comprising more than one trailer / semi-trailer; 2. operation of a vehicle which no longer complies with approval standards but does not present an immediate danger; 3. failure to carry operational fire extinguishers as required on board a vehicle; fire-fighting equipment not compliant with specific provisions; 4. failure to carry equipment required under the ADR or in instructions in writing on board a vehicle; 5. failure to comply with test and inspection dates and periods of use for packaging, intermediate bulk containers (IBCs), large packaging, tanks, vehicles or containers; 6. carriage of packages with damaged packaging, IBCs or large packaging, or carriage of damaged empty uncleaned packaging; 7. carriage of packaged goods in a vehicle or container which is not structurally serviceable; 8. failure to properly close tanks / tank containers, vehicles, containers or packages (including ones that are empty and uncleaned); 9. packages, tanks, vehicles and/or containment have incorrect labelling, marking (including orange-coloured plate marking), placarding or other identification signs; 10. no instructions in writing in accordance with the ADR; 11. failure to properly supervise or park a vehicle; 12. carriage of persons, other than crew members, in transport units carrying dangerous goods; 13. 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; 14. failure to comply with regulatory provisions on arrival at loading and unloading sites; 15. failure to comply with regulatory provisions on the safety adviser’s role, duties and certificates for each undertaking, when required; 16. 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; 17. failure to comply with regulatory provisions on the training of persons involved in the carriage of dangerous goods; 18. failure to submit required documents and/or reports to the competent authorities. 6/7 ELI: http://data.europa.eu/eli/dir_del/2025/1801/ojEN OJ L, 13.10.2025 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: 1. failure to comply with regulations on the size of placards or labels or the size of letters, figures or symbols on placards or labels; 2. information, with the exception of information falling under risk category I, not available in transport documentation; 3. failure to carry training certificate on board vehicle but evidence that one is held by the driver; 4. a means of identification, with photograph, not carried by each member of the vehicle crew; 5. failure to properly affix placarding and marking (including orange-coloured plate marking) or other identification signs; 6. late submission of required documents and/or reports to the competent authorities.’ ELI: http://data.europa.eu/eli/dir_del/2025/1801/oj 7/7