Commission Delegated Directive (EU) 2022/2407 of 20 September 2022 amending the Annexes to Directive 2008/68/EC of the European Parliament and of the Council to take into account scientific and technical progress (Text with EEA relevance)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Directive 2008/68/EC of the European Parliament and of the Council of 24 September 2008 on the inland transport of dangerous goods⁽¹⁾, and in particular Article 8(1) thereof,

Whereas:

Section I.1 of Annex I, Section II.1 of Annex II and Section III.1 of Annex III to Directive 2008/68/EC refer to provisions set out in international agreements on the inland transport of dangerous goods by road, rail and inland waterways.
The provisions of those international agreements are updated every two years. Their last amended versions apply as from 1 January 2023, with a transitional period until 30 June 2023.
In accordance with the Joint Political Declaration of 28 September 2011 of Member States and the Commission on explanatory documents, 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.
Section I.1 of Annex I, Section II.1 of Annex II and Section III.1 of Annex III to Directive 2008/68/EC should therefore be amended accordingly,

HAS ADOPTED THIS DIRECTIVE:

Article 1 Amendments to Directive 2008/68/EC

Directive 2008/68/EC is amended as follows:

in Annex I, Section I.1 is replaced by the following:
- ADR
Annexes A and B to the ADR, as applicable with effect from 1 January 2023, it being understood that “contracting party” is replaced by “Member State” as appropriate.’;
in Annex II, Section II.1 is replaced by the following:
- RID
The Annex to the RID, as applicable with effect from 1 January 2023, it being understood that “RID Contracting State” is replaced by “Member State” as appropriate.’;
in Annex III, Section III.1 is replaced by the following:
- ADN
The Regulations annexed to the ADN, as applicable with effect from 1 January 2023, as well as Article 3, points (f) and (h) and Article 8(1) and (3) of the ADN, it being understood that “contracting party” is replaced by “Member State” as appropriate.’.

Article 2 Transposition

1.

Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 30 June 2023 at the latest. They shall forthwith communicate to the Commission the text of those provisions.

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.

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.