Approval of explosives intended for civilian use

This Directive concerns explosives for civilian use. It is based on the principles of the ‘New Approach to Technical Harmonisation and Standards’. In line with this new approach, the placing on the market and the supervision of explosives for civilian use are subject to essential safety requirements.

ACT

Council Directive 93/15/EEC of 5 April 1993 on the harmonization of the provisions relating to the placing on the market and supervision of explosives for civil uses [See amending acts].

SUMMARY

This Directive concerns the placing on the market and supervision of explosives for civilian use. It does not apply to:

Placing on the market and CE marking

Explosives for civilian use may be placed on the market only if they comply with the essential safety requirements set out in the Directive.

Explosives which fall within the scope of this Directive may be placed on the market only if they:

Where an EU country establishes that an explosive bearing CE conformity marking and being used for its intended purpose may compromise safety, it shall take all interim measures necessary to withdraw the explosive from the market or prohibit its being placed on the market or its freedom of movement.

Essential requirements

Any explosive must be designed, manufactured and supplied in such a way as to present a minimal risk to the safety of human life and health, and to prevent damage to property and the environment.

Supervision of transfers of explosives

Approval to transfer explosives must be obtained by the consignee from the recipient competent authority. The competent authority verifies that the consignee is legally authorised to acquire explosives and that he is in possession of the necessary licences or authorisations. The person responsible for the transfer must notify the competent authorities of the transit EU country or countries of movements of explosives through this State or these States.

Harmonised standards and notified bodies

Explosives falling within the scope of this Directive which comply with the European harmonized standards are considered to be in conformity with the essential safety requirements.

Conformity assessment

The Directive lays down different procedures for assessing the conformity of explosives for civilian use with the essential requirements, to be followed at the choice of the manufacturer. EU countries inform the Commission of the bodies which they have appointed to carry out the procedures for assessing conformity.

Repeal

Directive 2014/28/EU repeals Directive 93/15/EC with effect from 19 April 2016.

RELATED ACTS

Directive 2014/28/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to the making available on the market and supervision of explosives for civil uses (recast). (Official Journal L 96, 29 March 2014, p. 1-44).

Commission Directive 2008/43/EC of 4 April 2008 setting up, pursuant to Council Directive 93/15/EEC, a system for the identification and traceability of explosives for civil uses [Official Journal L 94, 5.4.2008, p. 8-12].

This Directive establishes a harmonised system for the unique identification and traceability of explosives intended for civilian use. Member States must ensure that companies which manufacture or import explosives, and those which assemble detonators mark these products with a unique identification. As a minimum, each product must have an alphanumerical code that identifies the country and production site, in addition to a corresponding bar code or matrix code.

Companies must also keep a record of all unique identification numbers and the location where each explosive is stored until it is transferred or used.

Member States must transpose the Directive by 5 April 2009. The provisions of the Directive will come into effect on 5 April 2012.

Commission Decision 2004/388/EC of 15 April 2004 on an intra-Community transfer of explosives document (notified under document number C(2004) 1332) [Official Journal L 120, 24.4.2004, p. 43-47].

This Decision draws up a model document for the transfer of explosives, which is set out in the Annex. Its aim is to facilitate such transfers between Member States, with the exception of ammunition.

See consolidated version.

Commission Directive 2004/57/EC of 23 April 2004 on the identification of pyrotechnic articles and certain ammunition for the purposes of Council Directive 93/15/EEC on the harmonisation of the provisions relating to the placing on the market and supervision of explosives for civil uses [Official Journal L 127, 29.4.2004, p. 73-80].

Pyrotechnic articles are expressly excluded from the scope of Directive 93/15/EEC. However, certain products have a dual function, since it is possible to use them either as explosives or as pyrotechnic articles. In order to ensure that Directive 93/15/EEC is applied consistently, the Directive classifies the products in question by their predominant nature.

Last updated: 03.03.2015