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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 harmonisation of the provisions relating to the placing on the market and supervision of explosives for civil uses [Official Journal L 121 of 15.05.1993] [See amending acts].

SUMMARY

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

  • explosives, including ammunition, intended for military or police use;
  • pyrotechnic articles.

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:

  • comply with all provisions of the Directive;
  • have been assessed regarding their conformity with the essential safety requirements;
  • have the "CE" marking affixed to them.

Where a Member State 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 Member State or Member States 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. The Member States inform the Commission of the bodies which they have appointed to carry out the procedures for assessing conformity.

Key terms used in the act
  • Explosives for civilian use: the materials and articles considered to be such in the "United Nations recommendations on the transport of dangerous goods" and falling within Class 1 of those recommendations.

REFERENCES

Act Entry into force Deadline for transposition in the Member States Official Journal
Directive 93/15/EEC

1.1.1995

30.6.1994

OJ L 121 of 15.5.1993


Amending act(s) Entry into force Deadline for transposition in the Member States Official Journal
Regulation (EC) No 1882/2003

20.11.2003

-

OJ L 284 of 31.10.2003

Regulation (EC) No 219/2009

20.4.2009

-

OJ L 87of 31.3.2009

Successive amendments and corrections to Directive 93/15/EEC have been incorporated in the basic text. This consolidated version is for reference purpose only.

RELATED ACTS

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 of 5.4.2008].
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 [Official Journal L 120 of 24.4.2004].
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 of 29.4.2004].
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: 16.11.2010
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