S.I. No. 249/2026 - European Communities (Carriage of Dangerous Goods by Road and Use of Transportable Pressure Equipment) (Amendment) Regulations 2026

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 12th June, 2026.

I, PETER BURKE, Minister for Enterprise, Tourism and Employment, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) (as amended by section 2 of the European Communities Act 2007 (No. 18 of 2007)) and for the purpose of giving further effect to the Agreement Concerning the International Carriage of Dangerous Goods by Road (ADR), and the protocol of signature thereto done at Geneva on 30 September 1957, and the amending protocol thereto adopted at Geneva on 28 October 1993, Directive (EU) 2022/1999 on uniform procedures for checks on the transport of dangerous goods by road¹ as amended by Commission Delegated Directive (EU) 2025/1801 of 23 June 2025² , and Directive 2008/68/EC of the European Parliament and of the Council of 24 September 2008³ (insofar as that Directive relates to the transport of dangerous goods by road), hereby make the following regulations:

1. (1) These Regulations may be cited as the European Communities (Carriage of Dangerous Goods by Road and Use of Transportable Pressure Equipment) (Amendment) Regulations 2026.

(2) The European Communities (Carriage of Dangerous Goods by Road and Use of Transportable Pressure Equipment) Regulations 2011 to 2025 and these Regulations may be cited together as the European Communities (Carriage of Dangerous Goods by Road and Use of Transportable Pressure Equipment) Regulations 2011 to 2026.

(3) These Regulations shall come into operation on 23 June 2026.

2. In these Regulations:

“Principal Regulations” means the European Communities (Carriage of Dangerous Goods by Road and Use of Transportable Pressure Equipment) Regulations 2011 ( S.I. No. 349 of 2011 ).

“Regulations of 2013” means the European Communities (Carriage of Dangerous Goods by Road and Use of Transportable Pressure Equipment) (Amendment) Regulations 2013 ( S.I. No. 238 of 2013 ).

“Regulations of 2015” means the European Communities (Carriage of Dangerous Goods by Road and Use of Transportable Pressure Equipment) (Amendment) (No.2) Regulations 2015 ( S.I. No. 288 of 2015 ).

“Regulations of 2023” means the European Communities (Carriage of Dangerous Goods by Road and Use of Transportable Pressure Equipment) (Amendment) Regulations 2023 ( S.I. No. 197 of 2023 ).

3. Regulation 10 (1) (d) of the Principal Regulations is amended by the substitution of the whole of that Regulation with the following:

“the Minister for Justice, Home Affairs and Migration in respect of matters relating to the carriage by road of explosive substances and articles of ADR Class 1, including, vehicle and premises inspections, requirements for the construction and use of vehicles intended for the transport of explosive substances and articles and Mobile Explosive Manufacturing Units (MEMU’s), the approval of specialisation training courses for the training of drivers of vehicles carrying explosives of the ADR Class 1, and the examination of persons who have participated in those courses required under the relevant road transport statutory provisions;”

4. Regulation 10 (7) (as amended by Regulation 5 (c) of the Regulations of 2015 and Regulation 4 (c) of the Regulations of 2023) of the Principal Regulations is amended by the substitution of the whole of that Regulation with the following:

“The Minister for Justice, Home Affairs and Migration, the Environmental Protection Agency and the Authority, in respect of their areas of responsibility as defined under this Regulation shall, for the purposes of Directive (EU) 2022/1999, on uniform procedures for checks on the transport of dangerous goods by road –

(a) fulfil the checks requirements in paragraphs 1 and 2 of Article 3 of that Directive,

(b) carry out checks in accordance with paragraphs 1 to 5 of Article 4 of that Directive,

(c) co-operate with competent authorities in other Member States of the European Union in fulfilling the requirements of paragraph 2 of Article 7 and Article 8 of that Directive, and

(d) supply such information to the Commission as is required by paragraph 1 of Article 9 of that Directive.”

5. Regulation 11 (1) (c) of the Principal Regulations is amended by the substitution of the whole of that Regulation with the following:

“the Minister for Justice, Home Affairs and Migration,”

6. Regulation 45 (a) (as amended by Regulation 8 of the Regulations of 2015 and Regulation 12 of the Regulations of 2013) of the Principal Regulations is amended by the substitution of the whole that Regulation with the following:

“a fee of €110 in respect of an application for an initial basic or initial specialisation examination to be carried out with the approval of the competent authority being, in this case, the Authority or the Minister for Justice, Home Affairs and Migration, as the case may be, for the purposes of subsection 8.2.2.7 of the ADR,”

7. Regulation 45 (b) (as amended by Regulation 8 of the Regulations of 2015 and Regulation 12 of the Regulations of 2013) of the Principal Regulations is amended by the substitution of the whole that Regulation with the following:

“a fee of €110 in respect of an application for a refresher basic or refresher specialisation examination to be carried out with the approval of a competent authority being, in this case the Authority or the Minister for Justice, Home Affairs and Migration, as the case may be, for the purposes of subsection 8.2.2.7 of the ADR,”

8. Regulation 49 (1) of the Principal Regulations is amended by the substitution of the whole of that Regulation 49 with the following:

“Fees received by the Minister or the Minister for Justice, Home Affairs and Migration under these Regulations shall be paid into the Exchequer in accordance with the directions of the Minister for Finance.”

9. The column headed ‘Offence Summary’ contained in Schedule 2 Part 1 of the Principal Regulations is amended as follows:

(a) In respect of offence number 5, by substituting the whole of the wording with the following:

“Non-compliance with test and inspection dates or permitted periods of use for tanks, vehicles, containers, IBCs, packaging or large packaging”

(b) In respect of offence number 6, by substituting the whole of the wording with the following:

“Use of damaged packaging, IBCs or large packaging or empty uncleaned packaging, IBCs or large packaging”

(c) In respect of offence number 13, by substituting the whole of the wording with the following:

“Prescribed documentation not carried in the vehicle or in an appropriate electronic format, if allowed, or was not in compliance with the ADR”

(d) In respect of offence number 52, by substituting the whole of the wording with the following:

“Provisions of ADR 1.10 on security provisions were not complied with when required”

10. Schedule 2 Part 1 of the Principal Regulations “Offence number and summary to which Regulation 28 applies” is amended with the insertion of the following offences after number 56:

“57. Dangerous goods carried 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

58. Dangerous goods carried without identification on a vehicle

59. Carriage in bulk in a vehicle or container which is not structurally serviceable

60. Carriage by a prohibited mode

61. Operation of a transport unit comprising more than one trailer/semi-trailer

62. Carriage of packaged goods in a vehicle or container which is not structurally serviceable

63. Tank/tank container, vehicle, container or package for the containment of dangerous goods (including when empty or uncleaned) not properly closed

64. Failure to comply with ADR minimum retention period for the dangerous goods transport document and additional information and documentation

65. Failure to comply with the ADR provisions on the training of persons involved in the carriage of dangerous goods

66. Failure to properly affix placarding, orange plate marking or other identification signs and/or to ensure compliance with ADR provisions as to size of placarding, orange plate marking or other identification signs and/or as to the size of letters, figures or symbols contained thereon.”

11. Schedule 2 Part 3 of the Principal Regulations “Offence Identification” is amended as follows:

(a) In respect of the offence identified in the number column as 5, by substituting the whole of the wording in the column headed ‘Offence Summary’ with the following:

“Non-compliance with test and inspection dates or permitted periods of use for tanks, vehicles, containers, IBCs, packaging or large packaging”

(b) In respect of the offence identified in the number column as 6, by substituting the whole of the wording in the column headed ‘Offence Summary’ with the following:

“Use of damaged packaging, IBCs or large packaging or empty uncleaned packaging, IBCs or large packaging”

(c) In respect of the offence identified in the number column as 13, by substituting the whole of the wording in the column headed ‘Offence Summary’ with the following:

“Prescribed documentation not carried in the vehicle or in an appropriate electronic format, if allowed, or was not in compliance with the ADR”

(d) In respect of the offence identified in the number column as 28, by substituting the letters contained in the column headed ‘Highest risk category that may be assigned column’ with the letter ‘I’

(e) In respect of the offence identified in the number column as 35, by substituting the letters contained in the column headed ‘Highest risk category that may be assigned column’ with the letters ‘II’

(f) In respect of the offence identified in the number column as 38, by substituting the letters contained in the column headed ‘Highest risk category that may be assigned column’ with the letters ‘II’

(g) In respect of the offence identified in the number column as 52,

(i) by substituting the letter contained in the column headed ‘Highest risk category that may be assigned column’ with the letter ‘I’

(ii) in respect of the same offence by substituting the whole of the wording in the column headed ‘Offence Summary’ with the following:

“Provisions of ADR 1.10 on security provisions were not complied with when required”.

(h) With the insertion after number 56 of the following:

GIVEN under my Official Seal,

11 June, 2026.

PETER BURKE,

Minister for Enterprise, Tourism and Employment.

EXPLANATORY NOTE

(This is not part of the instrument and does not purport to be a legal interpretation)

These Regulations transpose the provisions of 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, which amends Annexes I and II 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 (codification) (insofar as that Directive relates to the transport of dangerous goods by road) to take effect from 23 June 2026.

These Regulations amend, for the 12th time, the European Communities (Carriage of Dangerous Goods by Road and Use of Transportable Pressure Equipment) Regulations 2011 ( S.I. No. 349 of 2011 ) and can be cited together with all previous amending statutory instruments as the European Communities (Carriage of Dangerous Goods by Road and Use of Transportable Pressure Equipment) (Amendment) Regulations 2011 to 2026.

1 OJ L 274, 24.10.2022, p. 1.

2 OJ L, 2025/1801, 31.10.2025, p. 1.

3 OJ L 260, 30.09.2008, p. 13.