S.I. No. 415/2026 - European Communities (Carriage of Dangerous Goods by Road and Use of Transportable Pressure Equipment) (Amendment) (No. 2) Regulations 2026

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 14th August, 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)), for the purpose of giving full effect to Regulation (EU) 2019/1020 of the European Parliament and of the Council of 20 June 2019¹ on market surveillance and compliance of products and of giving further effect to Directive 2010/35/EU of the European Parliament and of the Council of 16 June 2010² , hereby make the following regulations:

1.

• (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 ).

• (3) The European Communities (Carriage of Dangerous Goods by Road and Use of Transportable Pressure Equipment) Regulations 2011 to 2025, the European Communities (Carriage of Dangerous Goods by Road and Use of Transportable Pressure Equipment) (Amendment) Regulations 2026 (S.I. No. 249 of 2026) 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.

• (4) References to Articles 15 to 29 of Regulation (EC) 765/2008 of 9 July 2008³ shall be construed in the Principal Regulations as references to the Market Surveillance Regulation and shall be read in accordance with the correlation table in Annex III to the Market Surveillance Regulation.

• (5) Any reference to the entirety of Regulation (EC) No. 765/2008 in the Principal Regulations shall, to the extent that it refers or otherwise relates to Articles 15 to 29 of Regulation (EC) 765/2008, shall be construed as a reference to the Market Surveillance Regulation and shall be read in accordance with the correlation table in Annex III to the Market Surveillance Regulation.

2.

• (a) by inserting after “68. Misleading and other markings” the following:

“68A. Powers of inspectors in accordance with the Market Surveillance Regulation.

68B. Search warrants for the purpose of market surveillance of transportable pressure equipment.

68C. Direction in writing for transportable pressure equipment.

68D. Contravention notice for transportable pressure equipment.

68E. Appeal against contravention notice for transportable pressure equipment.

68F. Prohibition notice for transportable pressure equipment.

68G. Appeal against prohibition notice for transportable pressure equipment.

68H. Order of the High Court to direct compliance with a prohibition notice in respect of transportable pressure equipment.

68I. Information notice for transportable pressure equipment.”

• (b) by substituting for “78. Publication of information on action taken regarding non-compliant products.” the following:

“78. Publication of information.”

• (c) by substituting for “Sharing of information on application of the Directives” the following:

“79. Sharing of information on application of the Directives and the Market Surveillance Regulation.”, and

• (d) by inserting after Regulation 79 the following:

“Recovery of costs”.

3.

• (a) by inserting into paragraph (1) the following –

“corrective action” means any action taken by an economic operator to bring any non-compliance to an end where required by a market surveillance authority or on the economic operator’s own initiative;

“Market Surveillance Regulation” means Regulation (EU) 2019/1020 of the European Parliament and of the Council of 20 June 2019;

• (b) by substituting the following for the definition of “market surveillance”:

“market surveillance” means the activities carried out and measures taken by the Market Surveillance Authority to ensure that transportable pressure equipment during its life cycle complies with the requirements set out in the Directives, the Market Surveillance Regulation and these Regulations and does not endanger health, safety or any other aspect of public interest protection.”

• (c) by amending the definition of “relevant road transport statutory provisions” by inserting after (d):

• “(e) the Market Surveillance Regulation.”

• (d) by substituting for paragraph (5) the following:

• “(5)

  • (a) A word or expression that is used in these Regulations and is also used in the Directives or the Market Surveillance Regulation has, unless the contrary intention appears, the same meaning in these Regulations as it has in those Directives or the Market Surveillance Regulation.

  • (b) A reference to “product” in the Market Surveillance Regulation shall be construed as meaning “transportable pressure equipment” in these Regulations.

  • (c) A reference to “competent authority” in Part 9 of these Regulations shall be construed as meaning “market surveillance authority”.”

4.

• “(7) A person who for the time being stands appointed as an inspector under section 62 of the Safety, Health and Welfare at Work Act 2005 shall be an inspector for the purposes of the Directives, the Market Surveillance Regulation and these Regulations.

5.

• (a) by substituting for subparagraph (1)(t) the following:

”where necessary –

• (i) require the disposal of any dangerous goods, transportable pressure equipment or transport equipment in respect of which there has been or there appears to the inspector to have been a contravention of the relevant road transport statutory provisions at the expense of the person in charge, or remove the dangerous goods, transportable pressure equipment or transport equipment and arrange for it to be disposed of at the expense of the person in charge, and

• (ii) require that such disposal shall be –

• (I) such as will prevent the dangerous goods, transportable pressure equipment or transport equipment from being used or placed on the market, and

• (II) in compliance with requirements under the Waste Management Acts 1996 to 2011;] (SI. 238 of 2013, 8).

6.

• “(d) direct the person to remedy the contravention or the matters occasioning that notice by a date specified in the notice, which date shall not be earlier than the end of the period within which an appeal may be made under paragraph (6),”.

7.

• (a) substituting for paragraph (3) the following:

“Where a person is convicted of an offence under the relevant road transport statutory provisions in proceedings brought by the following prosecuting authority or persons:

• (i) a competent authority,

• (ii) the market surveillance authority, or instituted following an investigation by the authority,

• (iii) a member of An Garda Síochána or

• (iv) a person appointed under Regulation 10(3),

the court may, unless it is satisfied that there are special and substantial reasons for not so doing, order the person to pay the costs and expenses measured by the court, reasonably incurred by the prosecutor in relation to the investigation, detection and prosecution of the offence, including costs and expenses incurred in the taking of samples, the carrying out of tests, examinations and analyses and in respect of the remuneration and other expenses of employees, consultants and advisers engaged by them in the matter.”

• (b) inserting the following after paragraph (3):

• “(4) Where a person is convicted of an offence under Part 9 of these Regulations, the court by or before which he or she is convicted may, in addition to any other penalty or cost, order the forfeiture to the prosecuting authority or person of the transportable pressure equipment or any other relevant thing in respect of which the offence relates for destruction or disposal as the prosecuting authority or person sees fit.

• (5) Where an order is made under paragraph (4), the court may, on application to it by or on behalf of the market surveillance authority, order the person convicted of the offence to pay for all or part of the cost of destruction or disposal of such relevant transportable pressure equipment.”.

8.

• “(1) Subject to paragraphs (2) and (3):

  • (a) summary proceedings in relation to an offence under the relevant road transport statutory provisions may be brought and prosecuted by a competent authority or a member of An Garda Síochána or a person appointed under Regulation 10(3), and

  • (b) summary proceedings in relation to an offence under Part 9 of these Regulations, the TPE Directive or the Market Surveillance Regulation may be brought and prosecuted by the market surveillance authority.”

9.

“Powers of inspectors in accordance with the Market Surveillance Regulation.

68A.”(1) Without prejudice to any power or powers under any other provision of these Regulations, an inspector appointed under Regulation 11 shall, for the purposes of enforcement of the provisions of the Market Surveillance Regulation and these Regulations in respect of transportable pressure equipment, also have the power to do one or more of the following:

• (a) subject to paragraph (3) or (4), enter at any time without warrant any premises, land or means of transport that the economic operator in question uses for purposes related to the economic operator’s trade, business, craft or profession, in order to identify non-compliance and obtain evidence;

• (b) require any economic operator to provide relevant documents, technical specifications, data or information on compliance and technical aspects of the transportable pressure equipment, including access to embedded software in so far as such access is necessary for the purpose of assessing compliance with these Regulations, in any form or format and irrespective of the medium of storage or the place where such documents, technical specifications, data or information are stored;

• (c) inspect and take extracts from or make copies of any such documents or records, including in the case of information in a non-legible form, a copy of or extract from such information in a legible form;

• (d) remove and retain the documents or records or copies of those documents or records referred to in subparagraph (b) for further examination;

• (e) require an economic operator to maintain such documents or records for such period of time as he or she directs;

• (f) require an economic operator to provide, any information which the inspector may request, including but not limited to relevant information on:

• (i) the supply chain;

• (ii) the details of the distribution network;

• (iii) quantities of transportable pressure equipment on the market;

• (iv) other models of transportable pressure equipment that have the same technical characteristics as the transportable pressure equipment in question;

• (g) require an economic operator to provide relevant information for the purpose of ascertaining the ownership of websites, where the information is related to the subject matter of the investigation;

• (h) carry out unannounced on-site inspections and physical checks of transportable pressure equipment;

• (i) enter any premises, land or means of transport that the economic operator in question uses for purposes related to the economic operator’s trade, business, craft or profession, in order to identify compliance and to obtain evidence;

• (j) start investigations on the initiative of the market surveillance authority in order to identify non-compliances and bring them to an end;

• (k) require an economic operator to take appropriate action to bring an instance of non-compliance to an end or to eliminate risk;

• (l) take appropriate measures where an economic operator fails to take appropriate corrective action or where the non-compliance or the risk persists, including the power to prohibit or restrict the making available of transportable pressure equipment on the market or to order that it is withdrawn or recalled;

• (m) impose penalties;

• (n) acquire samples, including under a cover identity, to inspect those samples and to reverse engineer them in order to identify non-compliance and to obtain evidence;

• (o) where no other effective means are available to eliminate a serious risk:

• (i) require the removal of content referring to the relevant transportable pressure equipment from an online interface or to require the explicit display of a warning to end users when they access an online interface; or

• (ii) where a request under subparagraph (i) has not been complied with, require an information society service provider to restrict access to the online interface, including by requesting a relevant third party to implement such measures.

• (p) use any information, document, finding, statement, or any other intelligence as evidence for the purpose of their investigations, irrespective of the format in which and medium on which they are stored.

• (2) An inspector shall not, other than with the consent of the occupier, enter a private dwelling unless he or she has obtained a warrant under Regulation 68B authorising such entry.

• (3) Where an inspector in the exercise of his or her powers under this Regulation is prevented from entering any place, an application may be made to the District Court under Regulation 68B for a warrant authorising such entry.

Search warrants for the purpose of market surveillance of transportable pressure equipment.

68B. (1) Without prejudice to the powers conferred on an inspector by any provision of these Regulations, an inspector may, for the purposes of an investigation into an offence under these Regulations, apply to a judge of the District Court for a warrant in relation to any place.

• (2) Where, on the hearing of an application under paragraph (1), a judge of the District Court is satisfied on the sworn information of an inspector that there are reasonable grounds for suspecting that –

• (a) the inspector has been prevented from entering any place that is not a private dwelling,

• (b) a premises is used for a purpose connected with transportable pressure equipment,

• (c) there is information or material relating to transportable pressure equipment required by an inspector for examination held in any premises or part of any premises, or

• (d) an offence under these Regulations has been or is being committed at any place, or that evidence relating to the commission of such an offence is to be found in any place

the judge may issue a warrant authorising one or more inspectors, accompanied, if the judge considers it appropriate to so provide, by such number of members of an Garda Síochána as may be specified in the warrant, at any time within 4 weeks from the date of issue of the warrant, on production if so required of the warrant, to enter that premises, if necessary by reasonable force, the place or private dwelling and exercise all or any of the powers conferred on an inspector under these Regulations.

Direction in writing for transportable pressure equipment.

68C. Notwithstanding the provisions of Regulations 54 and 55 insofar as they relate to national tanks and pressure receptacles, an inspector who performs an assessment of transportable pressure equipment that falls within the scope of Article 1(2) of the TPE Directive and who finds instances of non-compliance including but not limited to the following:

• (a) the Pi marking has not been affixed,

• (b) the Pi marking has been affixed in violation of Chapter 3 of the TPE Directive for any of the following reasons:

• (i) the Pi marking has been affixed in violation of Article 14(5) of the TPE Directive or Regulation 68,

• (ii) the Pi marking has not been affixed to demountable parts of refillable transportable pressure equipment with a direct safety function

• (iii) the Pi marking has been affixed in violation with the rules and conditions of Article 15 of the TPE Directive.

• (c) the identification number of the notified body involved in the initial inspections and tests or the identification number of the notified body responsible for the periodic inspection or where appropriate, the intermediate inspection, has been affixed in violation of Article 15 of the TPE Directive or has not been affixed,

• (d) the EU certificate of conformity or certificate of type approval has not been drawn up or has not been drawn up correctly,

• (e) the EU certificate of periodic inspection, intermediate inspection or exceptional check has not been drawn up or has not been drawn up correctly,

• (f) the technical documentation is either not available or not complete, or

• (g) the information or any other administrative requirement for a manufacturer or importer referred to in Articles 4 or 6 of the TPE Directive or Regulations 63 or 64 is absent, false, incomplete or is not fulfilled,

may issue a direction in writing to the relevant economic operator to put an end to the non-compliance observed within a specified timeframe.

Contravention notice for transportable pressure equipment.

68D. (1) An inspector who is of the opinion that—

• (a) a person is contravening or has contravened any of the provisions of the TPE Directive, the Market Surveillance Regulation or these Regulations,

• (b) a person has failed to comply with a direction under Regulation 68C or

• (c) an information society service provider has failed to comply with a request under Article 7 (2) or Article 14 (4) (k) or of the Market Surveillance Regulation

may serve a contravention notice on the person who has or may reasonably be presumed to have control over the activity concerned.

• (2) A contravention notice for transportable pressure equipment shall—

• (a) state that the inspector is of the opinion referred to in paragraph (1),

• (b) specify the exact grounds for that opinion,

• (c) identify the relevant provision (including the particular paragraph and subparagraph of such provision, as appropriate) upon which that opinion is based,

• (d) direct the person, where required, to do one or more of the following:

• (i) remedy the contravention or the matters occasioning the contravention notice;

• (ii) cease or refrain from placing or making available on the market or putting into use the transportable pressure equipment to which the notice relates;

• (iii) withdraw that transportable pressure equipment from the market;

• (iv) issue a recall of that transportable pressure equipment from the end user;

• (v) dispose of that transportable pressure equipment; or

• (vi) destroy that transportable pressure equipment where it presents a serious risk,

by a date specified in the notice that shall not be earlier than the expiration of the period within which an appeal may be made under Regulation 68E(1),

• (e) inform the person on whom the contravention notice is served of the right to appeal the contravention notice in accordance with Regulation 68E(1),

• (f) state that if the person on whom the notice is served fails to comply with the notice within the time period specified in that notice, that person commits an offence,

• (g) be signed and dated by the inspector, and

• (h) be communicated to the relevant person without delay.

• (3) A contravention notice for transportable pressure equipment may include —

• (a) directions as to the measures to be taken to remedy any contravention or matter to which the notice relates, or to otherwise comply with the notice,

• (b) directions to bring the notice to the attention of any person who may be affected by it, or to the attention of the public generally,

and

• (c) any other requirement that the inspector considers appropriate.

• (4) A person on whom a contravention notice has been served under paragraph (1) shall comply with the notice.

• (5) A person on whom a contravention notice has been served and who is of the opinion that the notice has been complied with shall confirm such compliance in writing to the inspector.

• (6) Where a person on whom a contravention notice for transportable pressure equipment has been served confirms such compliance in writing to the inspector in accordance with paragraph (5), the inspector, on being satisfied that the person has complied with the notice, shall within one month of receipt of such confirmation, give notice to the person concerned of compliance with the contravention notice.

• (7) An inspector may, where it considers it appropriate to do so and giving notice in writing to the person on whom a notice was given—

• (a) withdraw or amend such contravention notice at any time, or

• (b) where no appeal is made or pending under Regulation 68E(1), extend the period specified under paragraph (2)(d) of this Regulation.

• (8) Where there is no appeal under Regulation 68E(1), the contravention notice for transportable pressure equipment shall take effect on the later of—

• (a) the end of the period for making an appeal, or

• (b) the day specified in the notice.

• (9) Subject to paragraph (10), in the case of transportable pressure equipment which the inspector does not consider to present a serious risk requiring rapid intervention under Article 19 of the Market Surveillance Regulation, the intended recipient of a contravention notice pursuant to this regulation shall have the opportunity to make representations in writing to the market surveillance authority within 10 working days of first being advised of the inspector’s intention to serve the said contravention notice.

• (10) Where an opportunity to make representations referred to in paragraph (9) is not possible because of the urgency of the serving of the contravention notice, as justified by health or safety requirements or other grounds relating to public interests, the market surveillance authority shall give the recipient of the notice the opportunity to make representations in writing to the market surveillance authority as soon as possible after the service of the notice on that person and the decision to serve that contravention notice shall be reviewed promptly thereafter.

Appeal against contravention notice for transportable pressure equipment.

68E. (1) A person on whom a contravention notice is served pursuant to Regulation 68D may, within 14 days beginning on the day on which the notice is served on him or her, appeal against the notice to a judge of the District Court in the District Court district in which the notice was served and, in determining the appeal the judge may, if he or she is satisfied that it is appropriate to do so, confirm, vary or cancel the notice.

• (2) A person who appeals under paragraph (1) shall at the same time notify the market surveillance authority of the appeal and the grounds for the appeal and the market surveillance authority shall be entitled to appear, be heard and adduce evidence on the hearing of the appeal.

• (3) Where a decision is made under paragraph (1), any person aggrieved may, within14 days beginning on the day on which the decision was made, appeal it to the Circuit Court in the circuit in which the contravention notice was served and in determining the appeal, the court may, if it considers it appropriate to do so, confirm the decision of the District Court, vary it or allow the appeal.

• (3) Where an appeal is taken, and the contravention notice is not withdrawn by the inspector, the notice shall take effect on the later of—

• (a) the day next following the day on which the notice is confirmed on appeal or the appeal is withdrawn, or

• (b) the day specified in the contravention notice.

Prohibition notice for transportable pressure equipment.

68F. (1) An inspector who is of the opinion that —

• (a) transportable pressure equipment presents or is likely to present a risk of serious injury to persons or damage to property or to the environment, such a risk requiring rapid intervention, including a serious risk the effects of which are not immediate, or

• (b) a direction in writing under Regulation 68C or a contravention notice under Regulation 68D has been issued but not complied with,

may serve a prohibition notice on the person who is or who may reasonably be presumed to be in a position to take the measures specified in the notice.

• (2) A prohibition notice for transportable pressure equipment shall—

• (a) state that the inspector is of the opinion referred to in paragraph (1),

• (b) state the exact grounds for that opinion,

• (c) specify the activity in respect of which that opinion is held,

• (d) where in the opinion of the inspector there is a contravention, or likely contravention of any provision of the TPE Directive or these Regulations, specify the provision,

• (e) prohibit any activity of the person on whom the prohibition is served that results in the transportable pressure equipment referred to in paragraph (1) being placed on the market or made available on the market,

• (f) inform the person concerned that he or she may appeal the prohibition notice to the District Court in accordance with Regulation 68G(1),

• (g) state that if the person on whom the prohibition notice is served fails to comply with the notice within the time period specified in the notice, the person commits an offence,

• (h) be signed and dated by the inspector, and

• (i) be communicated to the relevant person without delay.

• (3) A prohibition notice may include directions—

• (a) as to the measures to be taken by the relevant person to stop the activity referred to in paragraph 4(c), to remedy any contravention or matter to which the notice relates, or to otherwise comply with the notice, and

• (b) to bring the notice to the attention of any person who may be affected by it, or to the attention of the public generally, or

• (c) any other requirement that the market surveillance authority or inspector considers appropriate.

• (4) Subject to Regulation 68G, a prohibition notice for transportable pressure equipment shall take effect—

• (a) immediately at the time the notice is received by the person on whom it is served, or

• (b) where an appeal is brought against the prohibition notice for transportable pressure equipment, on the day immediately following—

• (i) the day on which the notice is confirmed on appeal or the appeal is withdrawn, or

• (ii) the day specified in the notice,

whichever occurs later.

• (5) A person on whom a prohibition notice for transportable pressure equipment has been served who is of the opinion that the matters referred to in the prohibition notice have been remedied on or before the date specified in the notice shall confirm in writing to the inspector that those matters have been so remedied.

• (6) Where person on whom a prohibition notice for transportable pressure equipment has been served confirms in accordance with paragraph (5) that the matters referred to in the prohibition notice have been remedied, the inspector shall, on being satisfied that the person has complied with the notice, within one month of receipt of such confirmation, give notice to the person concerned of such compliance with the prohibition notice.

• (7) An inspector may at any time withdraw a prohibition notice if—

• (a) the inspector is satisfied that the activity to which the notice relates no longer gives rise to a serious risk to safety or health, or

• (b) the inspector is satisfied that the notice was issued in error or is incorrect in some material respect.

• (8) A market surveillance authority shall give the recipient of a prohibition notice the opportunity to make representations in writing to the market surveillance authority as soon as possible after the service of the notice on that person and the decision to serve the notice shall be reviewed promptly thereafter.

• (9) A person on whom a prohibition notice is served shall comply with that notice.

Appeal against prohibition notice for transportable pressure equipment.

68G. (1) A person on whom a prohibition notice for transportable pressure equipment is served may, within 7 days beginning on the day on which the notice is served on him or her, appeal against the notice to a judge of the District Court in the District Court district in which the said notice was served and in determining the appeal the judge may, if he or she is satisfied that it is reasonable to do so, confirm, vary or cancel the notice.

• (2) A person who—

• (a) brings an appeal under paragraph (1), or

• (b) applies for the suspension of the operation of a prohibition notice for transportable pressure equipment under this Regulation,

shall at the same time notify the market surveillance authority of the appeal or the application, and the grounds for the appeal or application.

• (3) In the case of an appeal or any application to suspend the operation of the prohibition notice for transportable pressure equipment under this Regulation, the market surveillance authority shall be entitled to appear, be heard and adduce evidence on the hearing of the appeal or application.

• (4) The bringing of an appeal against a prohibition notice shall not have the effect of suspending the operation of the notice.

• (5) Where a person brings an appeal pursuant to this Regulation, the appellant may apply to the court determining the appeal to have the operation of the notice suspended until the determination or discontinuation of the appeal before that court and, on such application, the court may, if it thinks proper to do so, grant the application.

• (6) Where, on the hearing of an appeal under this Regulation, a prohibition notice for transportable pressure equipment is confirmed, notwithstanding Regulation 68F (4), the judge by whom the appeal is heard may, on the application of the appellant, suspend the operation of the said prohibition notice for such period as in the circumstances of the case the judge considers appropriate.

Order of the High Court to direct compliance with a prohibition notice in respect of transportable pressure equipment.

68H. (1) Where a person contravenes a prohibition notice for transportable pressure equipment an inspector may apply ex parte to the High Court for an order prohibiting the continued contravention of the notice.

• (2) The High Court may, upon an application pursuant to this Regulation, if satisfied that the person on whom the said prohibition notice is served has failed to comply with the notice, grant the order referred to in paragraph (1).

Information notice for transportable pressure equipment.

68I. (1) An inspector or the market surveillance authority may serve an information notice on a person which may require the person to give to that inspector or market surveillance authority, within such period and in such form as may be specified in the notice, any information specified in the notice that the inspector or the market surveillance authority may reasonably require for the proper performance of any functions pursuant to the Market Surveillance Regulation, the TPE Directive or these Regulations.

• (2) An information notice shall –

• (a) state the exact grounds on which the requirement for information is based and shall inform the person on whom the information notice is served that he or she may appeal the notice to the District Court within 7 days in accordance with this Regulation.

• (b) state that if the person on whom the information notice is served fails to comply with the notice, that person commits an offence, and

• (c) be signed and dated by the inspector or the market surveillance authority.

• (3) The period specified in the information notice referred to in paragraph (1) may be extended at the discretion of the inspector or the market surveillance authority on the written application of the person on whom the notice is served or at the volition of the market surveillance authority or inspector issuing the notice.

• (4) A person on whom an information notice is served may, within 7 days beginning on the day on which the notice is served on him or her, appeal against the notice to a judge of the District Court in the District Court district in which the notice was served and in determining the appeal the judge may, if he or she is satisfied that it is reasonable to do so, confirm, vary or cancel the notice.

• (5) A person who appeals pursuant to paragraph (4) shall at the same time notify the market surveillance authority of the appeal and the grounds for the appeal and the authority shall be entitled to appear, be heard and adduce evidence on the hearing of the appeal.

• (6) Where a decision is made under paragraph (4), any person aggrieved by that decision may, within 7 days beginning on the day on which the decision was made, appeal it to the Circuit Court in the circuit in which the information notice was served and in determining the appeal, the court may, if it considers it appropriate to do so, confirm the decision of the District Court, vary it or allow the appeal.

• (7) Where, on the hearing of an appeal, an information notice is confirmed or varied, the judge by whom the appeal is heard may, on the application of the appellant, suspend the operation of the notice for such period as in the circumstances of the case the judge considers appropriate.

• (8) Subject to paragraph (8), a person on whom an information notice is served shall comply with the notice before the later of—

• (a) the end of the period specified in the notice, or

• (b) where the period referred to in subparagraph (a) is extended pursuant to paragraph (3), the end of that extended period.

• (9) Where an appeal is brought pursuant to this Regulation, and the information notice to which the appeal relates is confirmed or varied or the appeal is withdrawn, the person on whom the notice is served shall comply with the notice before—

• (a) the day immediately following the day on which the notice is confirmed or varied or the appeal is withdrawn,

• (b) the end of the period specified in the notice,

• (c) where the period referred to in (b) is extended under paragraph (3), the end of that extended period, or

• (d) where the operation of the notice has been suspended under paragraph (7), the end of the period of suspension,

whichever occurs latest.

• (10) Subject to paragraph (11), in the case of transportable pressure equipment which the inspector or market surveillance authority does not consider to present a serious risk requiring rapid intervention under Article 19 of the Market Surveillance Regulation, the intended recipient of an information notice shall have the opportunity to make representations to the market surveillance authority within 10 working days of first being advised of the market surveillance authority’s intention to serve an information notice.

• (11) Where, due to the urgency of the measure, decision or order specified in the information notice, it is not possible to give the person the opportunity referred to in paragraph (10) to make representations in advance of taking the measures, decision or order, as justified by health or safety requirements or other grounds relating to public interests of the Directives or the Market Surveillance Regulation, the market surveillance authority shall give the person on whom an information notice is served the opportunity to be heard as soon as possible thereafter and the decision to serve an information notice shall be reviewed.

• (12) A decision pursuant to paragraph (6) shall be final, save that by leave of the High Court, an appeal from the decision shall lie to the High Court on a specified question of law.

10.

• (a) substituting for paragraph (1) the following:

“Market surveillance measures”

“75 (1) The market surveillance authority may carry out an inspection, assessment, evaluation or investigation of transportable pressure equipment with regard to compliance with the Directives and the Market Surveillance Regulation.

• (b) substituting at subparagraph (2)(a)(i) “Article 16 of the Market Surveillance Regulation” for “Article 21 of the Accreditation and Market Surveillance Regulation”;

• (c) substituting at subparagraph 75(3)(a) “appropriate” for “provisional”.

11.

“79. Sharing of information on application of the Directives and the Market Surveillance Regulation

A competent authority may share information with any EU information network, the Commission or a competent authority of another Member State related to the application of the Directives or the Market Surveillance Regulation.”

12.

“Recovery of costs

80 (1) Where transportable pressure equipment has been found by the market surveillance authority to be non-compliant with any provision of the Directives or the Market Surveillance Regulation, the market surveillance authority may recover from the relevant economic operator the cost or any portion of the cost of any measure taken pursuant to the Market Surveillance Regulation, including but not limited to:

• (a) the cost of carrying out testing;

• (b) the cost of taking measures in accordance with Article 28(1) and (2) of the Market Surveillance Regulation;

• (c) the cost of storage;

• (d) the cost of activities relating to transportable pressure equipment that is found to be non-compliant and is subject to corrective action prior to its release for free circulation or its placing on the market.

• (2) The costs to be paid may include any costs or expenses reasonably incurred by any person involved in the measures taken pursuant to the Market Surveillance Regulation, including the costs incurred in respect of the remuneration and other expenses incurred of employees, consultants and advisors.”

GIVEN under my Official Seal,

22 July, 2026.

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 give effect in Irish law to the provisions of Regulation (EU) 2019/1020 of the European Parliament and of the Council of 20 June 2019 on market surveillance and compliance of products and amending Directive 2004/42/EC and Regulations (EC) No. 765/2008 and (EU) No. 305/2011 in relation to transportable pressure equipment.

These Regulations also give further effect to Directive 2008/68/EC of the European Parliament and of the Council of 24 September 2008 and Directive 2010/35/EU of the European Parliament and the Council of 16 June 2010 on transportable pressure equipment.

These Regulations may be cited as the European Communities (Carriage of Dangerous Goods by Road and Use of Transportable Pressure Equipment) (Amendment) (No. 2) Regulations 2026.

These Regulations amend for the thirteenth 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) Regulations 2011 to 2026.

Footnotes