S.I. No. 261/2025 - European Communities (Carriage of Dangerous Goods by Road and Use of Transportable Pressure Equipment) (Amendment) Regulations 2025
Notice of the making of this Statutory Instrument was published in | ||
“Iris Oifigiúil” of 20th June, 2025. | ||
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 Decision (EU) 2024/1254 of the European Parliament and of the Council of 24 April 20242 , 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), as amended by Commission Implementing Decision (EU) 2024/1762 of 5 June 20244 and Commission Delegated Directive (EU) 2025/149 of 15 November 20245 , 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 2025. | ||
(2) The European Communities (Carriage of Dangerous Goods by Road and Use of Transportable Pressure Equipment) Regulations 2011 to 2023 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 2025. | ||
(3) 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 ). | ||
2. Regulation 2(1) of the Principal Regulations is amended— | ||
(a) in the definition of “ADR”, by substituting “1 January 2025” for “1 January 2023”, | ||
(b) by the deletion of the definition of “authorisation”, | ||
(c) by substituting for the definition of “the Directive” the following: | ||
“‘the Directive’ means Directive 2008/68/EC of the European Parliament and of the Council of 24 September 2008 as amended by Commission Implementing Decision (EU) 2024/1762 of 5 June 2024 and Commission Delegated Directive (EU) 2025/149 of 15 November 2024;”, and | ||
(d) by substituting for the definition of “Minister” the following: | ||
“‘Minister’ means the Minister for Enterprise, Tourism and Employment;”. | ||
3. Regulation 5(4) of the Principal Regulations, as amended by the European Communities (Carriage of Dangerous Goods by Road and Use of Transportable Pressure Equipment) (Amendment) Regulations 2013, is amended by substituting for subparagraph (a) the following: | ||
“A competent authority may following notification to the Minister, exceptionally and provided that safety is not compromised, issue individual national authorisations in accordance with Article 6(5) of the Directive to carry out transport operations of dangerous goods within the State which are prohibited by the Directive or to carry out such operations under conditions different from those laid down in the Directive provided that those transport operations are clearly defined and limited in time.”. | ||
4. Regulation 10(1)(g) of the Principal Regulations is amended by inserting after clause (v) the following clauses: | ||
“(vi) the granting and issue of national authorisations pursuant to Regulation 5(4)(a), | ||
(vii) the granting and issue of competent authority approvals and recognitions as required by the ADR, | ||
(viii) in agreement with competent authorities of other contracting parties, to authorise certain transport operations by temporary derogation from the requirements of the ADR in accordance with Chapter 1.5.1 of the ADR.”. | ||
5. Regulation 26 of the Principal Regulations is amended – | ||
(a) in paragraph 5, by substituting for subparagraph (a) the following: | ||
“(a) a register, record, licence, authorisation, approval, recognition, derogation, direction, or permit under the relevant road transport statutory provisions or a document purporting to be an extract therefrom, or”, | ||
(b) in paragraph 6, by substituting for subparagraph (a) the following: | ||
“(a) a register, record, licence, authorisation, approval, recognition, derogation, direction, or permit under the relevant road transport statutory provisions or a document purporting to be an extract therefrom, or”. | ||
Signed: 19 June 2025 | ||
PETER BURKE, | ||
Minister for Enterprise, Tourism and Employment. | ||
EXPLANATORY NOTE | ||
(This note 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) 2025/149 of 15 November 2024 amending the Annexes to Directive 2008/68/EC of the European Parliament and of the Council on the inland transport of dangerous goods to take into account scientific and technical progress (insofar as that Directive relates to the transport of dangerous goods by road) to give effect to the provisions of the ADR applicable from 1 January 2025. The Regulations give further effect to Directive 2008/68/EC of the European Parliament and of the Council of 24 September 2008 as amended by Commission Implementing Decision (EU) 2024/1762 of 5 June 2024, to authorise certain national derogations. | ||
The Regulations also gives further effect to the provisions of Directive (EU) 2022/1999 on uniform procedures for checks on the transport of dangerous goods by road as amended by Decision (EU) 2024/1254 of the European Parliament and of the Council of 24 April 2024. | ||
These Regulations amend 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 2025. | ||
2 OJ L 2024/1254, 30.04.2024, p. 1. 3 OJ L 260, 30.09.2008, p. 13. |