EN    EN  
 EUROPEAN COMMISSION 
Brussels, 21.11.2011 
COM(2011) 771 final 
2011/0349 (COD) 
  
NEW LEGISLATIVE FRAMEWORK (NLF) ALIGNMENT PACKAGE 
(Implementation of the Goods Package) 
Proposal for a 
DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 
on the harmonisation of the laws of the Me mber States  relating to the   making 
available  on the market and supervis ion of explosives for civil uses 
(Recast) 
(Text with EEA relevance) 
 EN 2   EN EXPLANATORY MEMORANDUM  
1. CONTEXT OF THE PROPOSAL  
General context, reasons for and objectives of this proposal  
This proposal is presented in the framework of the implementation of the “goods package”  
adopted in 2008. It is part of  a package of proposals aligni ng ten product directives to 
Decision No 768/2008/EC  establishing a common framework for the marketing of products. 
Union (EU) harmonisation legislation ensuring th e free movement of products has contributed 
considerably to the completion and operation of the Single Market. It is based on a high level 
of protection and provides ec onomic operators with  the means to demonstrate conformity, 
thus ensuring free movement through trust in the products.  
Council Directive 93/15/EEC on the harmonization of the provi sions relating to the placing 
on the market and supervision of explosives fo r civil uses is an example of that Union 
harmonisation legislation, ensuring the free move ment of explosives. It sets out essential 
safety requirements that explosives must comply  with in order to be made available on the EU 
market. Manufacturers must de monstrate that an explos ive has been designed and 
manufactured in compliance with the essential safety requiremen ts and affix the CE marking.  
Experience with the implementation of Uni on harmonisation legislation has shown – on a 
cross-sector scale – certain weaknesses and inconsistencies in the implementation and 
enforcement of this legislation, leading to: 
– the presence of non-compliant or dangerous products on the market and consequently a 
certain lack of trust in CE marking; 
– competitive disadvantages for economic operators complying with the legislation as 
opposed to those circumventing the rules; 
– unequal treatment in the case of non-compliant  products and distortion of competition 
amongst economic operators due to different enforcement practices; 
– differing practices in the designation of conformity assessment bodies by national 
authorities; 
– problems with the quality of  certain notified bodies. 
Furthermore the regulatory environment has beco me more and more complex, as frequently 
several pieces of legislation apply simu ltaneously to one and the same product. 
Inconsistencies in these pieces of legisla tion make it increasingly difficult for economic 
operators and authorities to correctly interpret an d apply that legislation. 
To remedy these horizontal shortcomings in Union harmonisation legi slation observed across 
several industrial sectors, the “New Legislative Framework”  was adopted in 2008 as part of 
the goods package . Its objective is to strengthen and complete the existing rules and to 
improve practical aspects of their applicat ion and enforcement. The New Legislative 
Framework (NLF) consists of two complementary instruments, Regulation (EC) No EN 3   EN 765/2008  on accreditation and market surveillance and Decision No 768/2008 
establishing a common framework for the marketing of products . 
The NLF Regulation has introduced rules on accr editation (a tool for the evaluation of 
competence of conformity assessment bodies) and requirements for the organisation and performance of market surveillance and contro ls of products from third countries. Since 1 
January 2010 these rules apply di rectly in all Member States. 
The NLF Decision sets out a common framewor k for EU product harmonisation legislation. 
This framework consists of the provision s which are commonly used in EU product 
legislation (e.g. definitions, obligations of economic operators, notified bodies, safeguard 
mechanisms, etc.). These common provisions have been reinforced to ensure that the directives can be applied and enforced more ef fectively in practice. New elements, such as 
obligations on importers, have b een introduced, which are crucia l for improving the safety of 
products on the market.  
The provisions of the NLF Decision and those of the NLF Regulation are complementary and 
closely interlinked. The NLF D ecision contains the corresponding obligations for economic 
operators and notified bodies allowing market  surveillance authoriti es and authorities 
responsible for notified bodies to properly perform the tasks imposed on them by the NLF 
Regulation and to ensure an effective and cons istent enforcement of EU product legislation.  
However, unlike the NLF Regulation, the provis ions of the NLF Deci sion are not directly 
applicable. To ensure that a ll economic sectors subject to Union harmonisation legislation 
benefit from the improvements of the NLF, the provisions of the NLF D ecision need to be 
integrated into the ex isting product legislation. 
A survey after the adoption of the goods packag e in 2008 showed that a majority of Union 
harmonisation legislation on products  was due to be revised with in the following 3 years, not 
only to address the problems observed throughout  all sectors but also for sector-specific 
reasons. Any such revision would automatically  include an alignment of the legislation 
concerned to the NLF Decision since Parlia ment, Council and Commission have committed 
themselves to use its provisions as much as po ssible in future legislation on products in order 
to further the utmost coheren ce of the regulatory framework. 
For a number of other Union harmonisation directives, including Council Directive 
93/15/EEC on the harmonization of the provisions  relating to the placing on the market and 
supervision of explosives for civil uses no revision for sector-specific problems had been 
envisaged within this timeframe. To ensure that the problems in relation to non-compliance and notified bodies are nevertheless  addressed in these sectors, a nd for the sake of consistency 
of the overall regulatory envi ronment on products, it was decided to align these directives 
within a package to the pr ovisions of the NLF Decision. 
Consistency with other policies and objectives of the Union 
This initiative is in line with the Single Market Act
1, which has stressed the need to restore 
consumer confidence in the quality of pr oducts on the market and the importance of 
reinforcing market surveillance. 
                                                 
1 Communication from the Commission to the European Parliament, the Council, the Economic and 
Social Committee and the Committee of the Regions, COM(2011) 206 final. EN 4   EN Furthermore it supports the Commission’s polic y on Better Regulation and simplification of 
the regulatory environment. 
2. CONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESSMENT  
Consultation of interested parties 
The alignment of Council Directive 93/15/ EEC on the harmonization of the provisions 
relating to the placing on the market and supervis ion of explosives for civil uses to the NLF 
Decision has been discussed with  the national experts responsible for the implementation of 
this Directive in the explosives working gr oup, the Forum of notified bodies as well as in 
bilateral meetings with  industry associations. 
From June to October 2010 a public consultation was organised that comprised all the sectors 
involved in this initiative. It consisted of four targeted quest ionnaires for economic operators, 
authorities, notified bodies and users and the Co mmission services received 300 replies. The 
results are published at: 
http://ec.europa.eu/enterpri se/policies/single-market-goods /regulatory-policies-common-
rules-for-products/new-legislative-framework/index_en.htm  
In addition to the general consultation a specif ic SME consultation was carried out. 603 SMEs 
were consulted through the Enterprise Europe  Network in May/June 2010. The results are 
available at http://ec.europa.eu/enterpri se/policies/single-market- goods/files/new-legislative-
framework/smes_statistics_en.pdf  
The consultation process revealed widespread su pport for the initiative. There is unanimity on 
the need to improve market surveillance and the system for assessing and monitoring Notified 
Bodies. Authorities fully support the exercise because it will strengthen the existing system 
and improve cooperation at EU level. Industry expects a more level pl aying field resulting 
from more effective actions against products that  do not comply with the legislation, as well 
as a simplification effect from the alignment of  legislation. Certain co ncerns were expressed 
on some obligations which are, however, indispen sable for increasing the efficiency of market 
surveillance. These measures will not entail si gnificant costs for indus try, and the benefits 
resulting from improved market surveill ance should by far outweigh the costs.  
Collection and use of expertise 
The impact assessment for this implementation package has largely built on the impact 
assessment carried out for the New Legislativ e Framework. In addition to the expertise 
collected and analysed in that context, furt her consultation of sect or-specific experts and 
interest groups, as well as horizontal expert s active in the area of technical harmonisation, 
conformity assessment, accreditation and market surveillance, has taken place. 
Impact assessment 
Based on the information collected, the Commis sion carried out an impact assessment which 
examined and compared three options. 
Option 1 – No changes to  the current situation  EN 5   EN This option proposes no changes to the current directive and relies ex clusively on certain 
improvements that can be expected from the NLF Regulation. 
Option 2 – Alignment to the NLF Deci sion by non-legislative measures 
Option 2 considers the possibility of encourag ing a voluntary alignment to the provisions set 
out in the NLF Decision by, e.g., presenting them  as best practices in guidance documents. 
Option 3 – Alignment to NLF Deci sion by legislative measures 
This option consists in integrating the provi sions of the NLF Decision into the existing 
directives. 
Option 3 was found to be the preferred option because: 
– it will improve the competitiveness of companies and notified bodies taking their 
obligations seriously, as opposed to those cheating on the system; 
– it will improve the functioning of the internal market by ensuring equal treatment of all 
economic operators, notably importers and distributors, as well as notified bodies; 
– it does not entail significant costs for economic operators and notified bodies; for those 
who are already acting responsib ly, no extra costs or only neg ligible costs are expected; 
– it is considered more effective than option 2: du e to the lack of enforc eability of option 2 it 
is questionable that the positive impact s would materialise under that option; 
– options 1 and 2 do not provide an swers to the problem of inconsistencies in the regulatory 
framework and therefore have no positive impact on the simplification of the regulatory environment. 
3. M
AIN ELEMENTS OF THE PROPOSAL  
Horizontal definitions 
The proposal introduces harmonised definiti ons of terms which are commonly used 
throughout Union harmonisation le gislation and should therefor e be given a consistent 
meaning throughout that legislation. 
3.1. Obligations of economic operators  and traceability requirements 
The proposal clarifies the obliga tions of manufactur ers and authorised representatives and 
introduces obligations for impor ters and distributors. Importe rs must verify that the 
manufacturer has carried out the applicable c onformity assessment procedure and has drawn 
up a technical documentation. They must also ma ke sure with the manufacturer that this 
technical documentation can be made availa ble to authorities upon request. Furthermore 
importers must verify that the explosives are correctly marked and accompanied by the 
required instructions and safety information. Th ey must keep a copy of the Declaration of 
conformity and ensure that the explosives be ar a unique identification in accordance with 
Directive 2008/43/EC. Distributors  must verify that the explos ive bears the CE marking, the 
unique identification and that it is acco mpanied by the required documentation and 
instructions. EN 6   EN Importers and distributors must cooperate with  market surveillance authorities and take 
appropriate actions when they have  supplied non-compliant explosives. 
3.2. Harmonised standards 
Compliance with harmonised st andards provides a presumpti on of conformity with the 
essential requirements. On 1 June 2011 the Commission adopted a proposal for a Regulation 
on European Standardisation2 that sets out a horizontal legal framework for European 
standardisation. The proposal for the Regula tion contains inter alia provisions on 
standardisation requests from the Commission to the European Standardisation Organisations, 
on the procedure for objections to harmonised standards and on stakehol der participation in 
the standardisation process. C onsequently the provisions of Di rective 93/15/EEC which cover 
the same aspects have been deleted in th is proposal for reasons  of legal certainty. 
The provision conferring presumption of conf ormity to harmonised standards has been 
modified to clarify the extent of the presumption of conformity  when standards only partially 
cover the essential requirements. 
3.3. Conformity assessment and CE marking 
Council Directive 93/15/EEC on the harmonization of the provi sions relating to the placing 
on the market and supervision of explosives for civil uses has selected the appropriate 
conformity assessment procedures which manufact urers have to apply in order to demonstrate 
that their explosives comply w ith the essential safety requirements. The proposal aligns these 
procedures to their updated versio ns set out in the NLF Decision. 
General principles of the CE marking are se t out in Article 30 of Regulation 765/2008, while 
the detailed provisions on the a ffixing of the CE marking to expl osives have been inserted in 
this proposal. 
3.4. Notified Bodies 
The proposal reinforces the notification crite ria for notified bodies. It clarifies that 
subsidiaries or subcontractors mu st also comply with the notification requirements. Specific 
requirements for notifying authorities are intro duced, and the procedure for notification of 
notified bodies is revised. The competence of a notified body mu st be demonstrated by an 
accreditation certificate. Where accred itation has not been used to evaluate the competence of 
a notified body, the notification must compri se the documentation demonstrating how the 
competence of that body has been ev aluated. Member States will have the possibility to object 
to a notification. 
3.5. Market surveillance and the safeguard clause procedure 
The proposal revises the existing safeguard cl ause procedure. It introduces a phase of 
information exchange between Member States, and specifies the steps to be taken by the authorities concerned, when a non-compliant explosive is found. A real safeguard clause 
procedure – leading to a Decision at Commissi on level on whether a measure is justified or 
                                                
 
2 COM(2011) 315 final - Proposal for a Regulation of the European Parliament and of the Council on 
European Standardisation and amending Council Dire ctives 89/686/EEC and 93/15/EEC and Directives 
94/9/EC, 94/25/EC, 95/16/EC, 97/23/EC, 98/34/EC, 2004/22/EC, 2007/23/EC, 2009/105/EC and 
2009/23/EC of the European Parliament and of the Council. EN 7   EN not – is only launched when another Member State objects to a measure taken against an 
explosive. Where there is no disagreement on the restrictive measure taken, all Member States 
must take the appropriate  action on their territory. 
3.6. Comitology 
The provisions on the operation of the Explosiv es Committee have been adapted to the new 
provisions on implementing acts  laid down in Regulation (EU)  No 182/2011 of the European 
Parliament and of the Council of 16 Februa ry 2011 laying down the rules and general 
principles concerning mechanisms for contro l by the Member States of the Commission's 
exercise of implementing powers3. 
4. LEGAL ELEMENTS OF THE PROPOSAL  
Legal basis  
The proposal is based on Article 114 of the Tr eaty on the Functioning of the European Union. 
Subsidiarity principle 
The internal market is a competence that is shared between the Union and the Member States. 
The subsidiarity principle arises in particul ar with regard to th e newly added provisions 
aiming at the improvement of effective enfo rcement of Council Directive 93/15/EEC on the 
harmonization of the provisions relating to the placing on th e market and supervision of 
explosives for civil uses, namely, the importe r and distributor obligations, the traceability 
provisions, the provis ions on the assessment and notification of no tified bodies, and the 
enhanced cooperation obligations  in the context of  the revised market surveillance and 
safeguard procedures.  
Experience with the enforcement of the legislat ion has shown that meas ures taken at national 
level have led to divergent approaches and to  a different treatment of economic operators 
inside the EU, which undermines the objective of  this directive. If actions are taken at 
national level to address the problems, this risks creating obstacles to the free movement of goods. Furthermore action at natio nal level is limited to the te rritorial competence of a 
Member State. In view of the increasing inte rnationalisation of trad e, the number of cross-
border cases is constantly rising. Coordinated ac tion at EU level can much better achieve the 
objectives set, and will in particular render market surveillance more effective. Hence it is more appropriate to take  action at EU level. 
As regards the problem of inconsistencies thro ughout the directives, th is is a problem which 
can only be solved by the EU legislator. 
Proportionality  
In accordance with the principle of proportionality, the proposed modifications do not go 
beyond what is necessary to achieve the objectives set. 
                                                
 
3 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 
laying down the rules and the general principles con cerning mechanisms for control by Member States 
of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p.13). EN 8   EN The new or modified obligations do not impos e unnecessary burdens an d costs on industry – 
especially on small and medium sized enterpri ses – or administrations . Where modifications 
have been identified to have negative impacts, the analysis of the impacts of the option serves 
to provide the most proportionate response to the problems identified. A number of 
modifications concern the improvement of clarity of the existing Directive without introducing new requirements that entail added cost. 
Legislative technique used 
The alignment to the NLF Deci sion requires a number of subs tantive amendments to the 
provisions of Council Directive 93/15/EEC. To ensu re the readability of the amended text the 
technique of recasting has been chosen in lin e with the Interinstitutional Agreement of 
28 November 2001 on a more structured use of  the recasting tec hnique for legal acts
4. 
The changes made to the provisions of Council Directive 93/15/EEC concern: the definitions, 
the obligations of economic operators, th e presumption of conformity provided by 
harmonised standards, the decl aration of conformity, CE marking, notified bodies, the 
safeguard clause procedure and the conformity assessment procedures. 
The proposal does not change the scope of Council Directive 93/15/EEC and the essential 
safety requirements. 
5. BUDGETARY IMPLICATIONS  
This proposal does not have any implications for the EU budget. 
6. ADDITIONAL INFORMATION  
Repeal of existing legislation 
The adoption of the proposal wi ll lead to repeal of C ouncil Directive 93/15/EEC on the 
harmonization of the provisions relating to the placing on th e market and supervision of 
explosives for civil uses. 
European Economic Area 
The proposal concerns the EEA and should therefore be extended to the European Economic 
Area. 
                                                 
4 OJ C 77, 28.3.2002, p.1. EN 9   EN  
Ð 93/15/EEC (adapted) 
Ö new 
NEW LEGISLATIVE FRAMEWORK (NLF) ALIGNEMENT PACKAGE  
(Implementation of the Goods Package) 
2011/0349 (COD) 
Proposal for a 
DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 
on the harmonisz ation of the ⌦ laws of the Member States ⌫ provisions  relating to the 
placing  Ö making available  on the market and supervision of explosives for civil uses 
(Recast) 
(Text with EEA relevance) 
THE EUROPEAN PARLIAMENT AND THE CO UNCIL OF THE EUROPEAN UNION, 
Having regard to the Treaty ⌦ on the Functioning of the European Union ⌫ establishing 
the European Economic Community , and in particular Article ⌦ 114 ⌫ 100a  thereof, 
Having regard to the proposal from the European Commission, 
After transmission of the draft legislative act to the national Parliaments, Having regard to the opinion of the Eu ropean Economic and Social Committee
5, 
Acting in accordance with the ordi nary legislative procedure,  
Whereas: 
 
Ø new 
(1) Council Directive 93/15/EEC of 5 April 1993 on the harmoni zation of the provisions 
relating to the placing on the market and supervision of explosives for civil uses6 has 
been substantially amended several times. Si nce further amendments are to be made, it 
should be recast in the interests of clarity. 
                                                 
5 OJ C [  ], [  ], p. [ ] 
6 OJ L 121, 15.5.1993, p. 20. EN 10   EN (2) Regulation (EC) No 765/2008 of the European Parliament and of th e Council of 9 July 
2008 setting out the requirements for accredi tation and market surveillance relating to 
the marketing of products and re pealing Regulation (EEC) No 339/937 lays down rules 
on the accreditation of  conformity assessm ent bodies, provides a framework for the 
market surveillance of products and for cont rols on products from third countries, and 
lays down the general princi ples of the CE marking. 
(3) Decision No 768/2008/EC of the European Pa rliament and of the Council of 9 July 
2008 on a common framework for the marketi ng of products, and repealing Council 
Decision 93/465/EEC8, lays down common principles and reference provisions 
intended to apply across the legislation harmonising the conditions  for the marketing 
of products in order to provi de a coherent basis for re vision or recasts of that 
legislation. Directive 93/15/EEC s hould be adapted to that Decision. 
 
Ð 93/15/EEC recital 1 (adapted) 
Whereas Article 8a of the Treaty provides that the internal marke t must be established not 
later than 31 December 1992; wher eas the internal market is to  comprise an area without 
internal frontiers in which the free moveme nt of goods, persons, serv ices and capital is 
ensured in accordance with  the provisions of the Trea ty; 
 
Ð 93/15/EEC recital 2 (adapted) 
Whereas Article 100a (3) of the Treaty provid es that the Commission, in its proposals 
concerning safety, will take as a base a high level of protection;  
 
Ð 93/15/EEC recital 9 (adapted) 
Ö new 
(4) Ö Safety during storage is covered by C ouncil Directive 96/82/EC of 9 December 
1996 on the control of major-accident h azards involving dangerous substances9 which 
sets out safety requirements for establis hments where explosives are present. As 
regards  Ssafety, the rules concerning the transport  of explosives ⌦ during transport is 
regulated ⌫ are covered  by international conventions and agreements. ⌦ including 
the ⌫ At international level, there are  United Nations recommendations on the 
transport of dangerous goods.  ⌦ Those aspects should therefore not fall under the 
scope of this Directive ⌫ (including explosives ), the scope of whic h extends beyond 
the Community framework . In consequence, this Directive does not concern the 
transport rules . 
                                                 
7 OJ L 218, 13.8.2008, p. 30. 
8 OJ L 218, 13.8.2008, p. 82. 
9 OJ L 10, 14.1.1997, p. 13. EN 11   EN  
Ð 93/15/EEC recital 12 (adapted) 
Î1 Corrigendum, OJ L 79, 
7.4.1995, p. 34 
(5) The scope of this  Directive covers  ⌦ should cover ⌫ ammunition, but only as 
regards the rules governing c ontrols on transfers and the associated arrangements. 
Since ammunition is transferred under condi tions similar to those under which arms 
are transferred, transfers of ammunition s hould be governed by provisions similar to 
those applicable to arms, as  set out in Council Directive 91/477/EEC of 18 June 1991 
on control of the acquisiti on and possession of weapons Î1 10  . 
 
Ð 93/15/EEC recital 10 (adapted) 
(6) Pyrotechnical  articles require appropriate measur es to ensure the protection of 
consumers and the safety of the public. An additional directive is planned in this field . 
⌦ Pyrotechnic articles are covered by Directive 2007/23/EC of the European 
Parliament and of the Council of 23 Ma y 2007 on the placing on the market of 
pyrotechnic articles11. This Directive should theref ore not apply to pyrotechnic 
articles. ⌫ 
 
Ð 93/15/EEC recital 11 (adapted) 
(7) The definition of the ⌦ explosives ⌫ products  covered by this Directive should be 
based on the definition of such  products as set out in the ⌦ United Nations ⌫ 
abovementioned  recommendations ⌦ on the transport of dangerous goods ⌫.; 
 
Ð 93/15/EEC recital 3 (adapted) 
Ö new 
(8) ⌦ In order to ensure ⌫ The free movement of goods presupposes that certain basic 
conditions are  fulfilled .In particular,  the free movement of explosives ⌦ it is 
necessary to harmonise ⌫ presupposes harmonization of  ⌦ the ⌫ laws ⌦ relating 
to ⌫ on the placing of  Ö making  explosives Ö available  on the market. 
 
Ð 93/15/EEC recital 4 
Whereas explosives for civil uses are covere d by detailed national regulations, mainly in 
respect of safety and secur ity requirements; whereas such national regulations provide, in 
particular, that marketing authorizations be gr anted only where explosives have satisfactorily 
undergone a series of tests;  
                                                 
10 OJ L 256, 13.9.1991, p. 51. 
11 OJ L 154, 14.6.2007, p. 1. EN 12   EN  
Ð 93/15/EEC recital 5 (adapted) 
Whereas harmonization  of provisions governing the placing of such explosives on the market 
presupposes that divergent national rules will be harmonized in order to ensure the free 
movement of these products without loweri ng optimum levels of safety and security;  
 
Ð 93/15/EEC recital 6 (adapted) 
Whereas this Directive defines only the e ssential requirements wh ich must be met by 
explosives conformity tests; whereas, in order to facilitate the process of demonstrating 
compliance with the essential requirements, it wo uld be very useful to process standards 
harmonized at European level concerning, inter alia , methods for testing explosives; whereas 
such standards do not exist at present;  
 
Ð 93/15/EEC recital 7 (adapted) 
Whereas standards harmonized at Euro pean level are drawn up by private bodies and must 
retain their status as non -mandatory text; whereas, in this connection, the European 
Committee for Standardization (CEN) has b een recognized as one of the two bodies 
competent to adopt harmonized standards  in accordance with th e general guidelines for 
cooperation between the Commi ssion and CEN and Cenelec, ra tified on 13 November 1984; 
whereas, for the purposes of this Directive, «harmonized standard» mean s a text setting out 
technical specifications adopte d by CEN under a mandate conf erred by the Commission, in 
accordance with Council Directive 83/189/EEC  of 28 March 1983 laying down a procedure 
for the provision of information in the fi eld of technical standards and regulations12 and in 
keeping with the abo vementioned general guidelines;  
 
Ð 93/15/EEC recital 13 
the health and safety of workers producing or  using explosives must also be protected; 
whereas an additional directive is in  the course of preparation covering, inter alia , the health 
and safety of workers engaged in activities relating to  the manufacture, storage and use of 
explosives;  
 
Ø new 
(9) Economic operators should be responsible for the compliance of explosives, in relation 
to their respective role s in the supply chain, so as to ensure a high level of protection 
of public interests, such as health and sa fety of persons and public security and to 
guarantee fair competition on the Union market.  
                                                 
12 OJ No L 109, 26. 4. 1983, p. 8. Directive as last amended by Commiss ion Decision 90/230/EEC (OJ No 
L 128, 18. 5. 1990, p. 15).  EN 13   EN (10) All economic operators interv ening in the supply and di stribution chain should take 
appropriate measures to ensure that they only make available on the market explosives 
which are in conformity with this Directive.  It is necessary to provide for a clear and 
proportionate distribution of obligations whic h correspond to the role  of each operator 
in the supply and distribution process. 
(11) The manufacturer, having detailed knowledge of the design and production process, is 
best placed to carry out the complete c onformity assessment procedure. Conformity 
assessment should therefore remain the ob ligation of the manufacturer alone. 
(12) It is necessary to  ensure that explosives from thir d countries entering the Union market 
comply with the requirements of this Direct ive, and in particul ar that appropriate 
assessment procedures have been carried out  by manufacturers with regard to those 
explosives. Provision should therefore be made for importers to make sure that the 
explosives they place on the market comply with the requirements of this Directive 
and that they do not place on the market e xplosives which do not comply with such 
requirements or present a risk. Provision shou ld also be made for importers to make 
sure that conformity assessment procedures have been carried out and that marking 
and documentation of explosives drawn up by manufacturers are available for 
inspection by the supe rvisory authorities. 
(13) The distributor makes an explosive availabl e on the market after it has been placed on 
the market by the manufacturer or the impor ter and should act with  due care to ensure 
that its handling of the explosive does not  adversely affect the compliance of the 
explosive. 
(14) Any economic operator that either places an explosive on the market under his own 
name or trademark or modifies an explosiv e in such a way that compliance with the 
requirements of this Directive may be a ffected should be considered to be the 
manufacturer and should assume the obligations of the manufacturer. 
(15) Distributors and importers, being close to the market place, should be involved in 
market surveillance tasks carried out by the competent national authorities, and should 
be prepared to participate actively, providing t hose authorities with all necessary 
information relating to the explosive concerned. 
(16) Unique identification of explosives is esse ntial if accurate and complete records of 
explosives are to be kept at all stages  of the supply chain. This should allow the 
identification and the traceabil ity of an explosive from its production site and its 
placing on the market until its final user and its use with a view to preventing misuse 
and theft and to assisting law enforcement au thorities in the tracing of the origin of 
lost or stolen explosives. An efficient tr aceability system also facilitates market 
surveillance authorities' task of tracing economic operators who made non-compliant 
products available on the market. 
(17) The provisions of this Directive relating to  the making available on the market should 
be based on the expression of essential safety  requirements for explosives in order to 
protect users and to prevent accidents. In order to faci litate conformity assessment 
with those requirements it is necessary to provide for presumption of conformity for 
explosives which are in conformity with harmonised standards that are adopted in 
accordance with Regulation (EU) No [../..] of the European Parliament and of the EN 14   EN Council of […..] on European  Standardisation and am ending Council Directives 
89/686/EEC and 93/15/EEC and Directives  94/9/EC, 94/25/EC, 95/16/EC, 97/23/EC, 
98/34/EC, 2004/22/EC, 2007/23/EC, 2009/105/EC and 2009/23/EC of the European 
Parliament and of the Council for the pur pose of expressing detailed technical 
specifications for the design, manufac ture and testing of explosives13. 
(18) (EU) No [../..] [Standardisation Regulation]  provides for a procedure for objections to 
harmonised standards where those standards do not entirely satisfy requirements of 
this Directive. 
 
Ð 93/15/EEC recital 8 (new) 
the Council, in its Decision 90/683/EEC of 13 December 1990 concerning the modules for the 
various phases of the conformity ass essment procedures which are intended to be used in the 
technical harmonization directives14, introduced harmonized mean s of applying procedures 
for conformity assessment; whereas  the application of these modules to explosives will make 
it possible to deter mine the responsibility of manufact urers and of bodies responsible for 
applying procedures for conformity assessme nt by taking account of  the nature of the 
explosives concerned;  
 
Ø new 
(19) In order to enable economic operators to de monstrate and the competent authorities to 
ensure that explosives made available on th e market conform to the essential safety 
requirements it is necessary to provide for conformity assessment procedures. 
Decision No 768/2008/EC establishes modules for conformity assessment procedures 
which include procedures from the least to the most stringent, in proportion to the 
level of risk involved and the le vel of safety required. In or der to ensure inter-sectoral 
coherence and to avoid ad-hoc variants c onformity assessment procedures should be 
chosen from among those modules. Because of  their specific char acteristics and the 
hazards involved, explosives should always be submitted to third party verification - 
EU type examination. Manufacturers should dr aw up an EU declaration of conformity 
to provide detailed information on the c onformity of an explosive with the 
requirements of the relevant Union harmonisation legislation. 
(20) The CE marking, indicating the conformity of  a product, is the vi sible consequence of 
a whole process comprising conformity assessment in a broad sense. General 
principles governing the CE marking ar e set out in Regulation (EC) No 765/2008. 
Rules governing the affixing of the CE marking should be laid down in this Directive.  
(21) The conformity assessment pro cedures set out in this Directive require the intervention 
of conformity assessment bodies, which are notified by the Member States to the 
Commission. 
                                                 
13 OJ C [  ], [  ], p. [ ] 
14 OJ No L 380, 31. 12. 1990, p. 13.  EN 15   EN (22) Experience has shown that the criteria set out in Directive 93/15/EEC that conformity 
assessment bodies have to fulfil to be notif ied to the Commission are not sufficient to 
ensure a uniformly high level of performan ce of notified bodies th roughout the Union. 
It is, however, essential that all notified bodies perform their f unctions to the same 
level and under conditions of fair competiti on. That requires the setting of obligatory 
requirements for conformity assessment bodi es wishing to be notified in order to 
provide conformity assessment services. 
(23) In order to ensure a consistent level of conformity assessment quality it is also 
necessary to set requirements  for notifying authorities and other bodies involved in the 
assessment, notification and monitoring of notified bodies. 
(24) If a conformity assessment body demonstrates conformity with the criteria laid down 
in harmonised standards, it should be presumed to co mply with the corresponding 
requirements set out in this Directive. 
(25) The system set out in this Directive should be complemented by the accreditation 
system provided for in Regulation (EC)  No 765/2008. Since ac creditation is an 
essential means of verifying the compet ence of conformity assessment bodies, it 
should also be used for th e purposes of notification. 
(26) Transparent accreditation as provided for in Regulation (EC) No 765/2008, ensuring 
the necessary level of confidence in confor mity certificates, should be considered by 
the national public authorities throughout the Union as the preferred means of 
demonstrating the technical competence of conformity assessment bodies. However, 
national authorities may consider that they  possess the appropriate means of carrying 
out this evaluation themselves. In such cases, in order to ensure the appropriate level 
of credibility of evaluations carried out by other national author ities, they should 
provide the Commission and th e other Member States with the necessary documentary 
evidence demonstrating the compliance of th e conformity assessment bodies evaluated 
with the relevant regu latory requirements. 
(27) Conformity assessment bodies frequently subcon tract parts of their activities linked to 
the assessment of conformity or have recour se to a subsidiary. In  order to safeguard 
the level of protection required for the products  to be placed on the Union market, it is 
essential that conformity assessment subcontractors and subsidiaries fulfil the same 
requirements as notified bodies in relati on to the performa nce of conformity 
assessment tasks. Therefore, it is important  that the assessment of the competence and 
the performance of bodies to be notified and the monitori ng of bodies already notified 
cover also activities carried out by subcontractors and subsidiaries. 
(28) It is necessary to increase the efficiency a nd transparency of the notification procedure 
and, in particular, to adapt it to new technol ogies so as to enable online notification. 
(29) Since notified bodies may offer their services  throughout the Union, it is appropriate to 
give the other Member States and the Co mmission the opportunity to raise objections 
concerning a notified body. It is therefore important to provide for a period during 
which any doubts or concerns as to the co mpetence of conformity assessment bodies 
can be clarified before they start operating as notified bodies. 
(30) In the interests of compe titiveness, it is crucial that  notified bodies apply the 
conformity assessment procedures without  creating unnecessary burdens for economic EN 16   EN operators. For the same reason, and to ensu re equal treatment of  economic operators, 
consistency in the technical application of the conformity assessment procedures needs 
to be ensured. That can best be achie ved through appropriate  coordination and 
cooperation between notified bodies. 
(31) In order to ensure legal certainty, it is neces sary to clarify that rules on Union market 
surveillance and control of products ente ring the Union market provided for in 
Regulation (EC) No 765/2008 a pply to explosives. This Directive should not prevent 
Member States from choosing the competen t authorities to carry out those tasks. 
(32) The existing system should be supplement ed by a procedure under which interested 
parties are informed of measures intende d to be taken with regard to products 
presenting a risk to the health and safety of persons or to other aspects of public 
interest protection. It should also allow market surveillanc e authorities, in cooperation 
with the relevant economic ope rators, to act at an earlie r stage in respect of such 
products. 
(33) Where the Member States and the Commission agree as to the justification of a 
measure taken by a Member State, no furt her involvement of the Commission should 
be required, except where non-compliance ca n be attributed to shortcomings of a 
harmonised standard. 
 
Ð 93/15/EEC recital 14 (adapted) 
(34) It is appropriate  Iin the case of a serious threat to, or attack on, public ⌦ security as a 
result of ⌫ safety by reason of the illicit possession or use of explosives or 
ammunition falling within th is Directive, to allow  Member States ⌦ should be 
allowed ⌫ to derogate, under certain c onditions, from the provisions of  this Directive 
with regard to transfer ⌦ of explosives and ammuniti on in order to prevent such 
illicit possession or use ⌫. 
 
Ð 93/15/EEC recital 15 (adapted) 
(35) Finally , Iit is essential to es tablish administrative cooperation mechanisms ⌦ between 
competent authorities of Member States ⌫. ⌦ Therefore, ⌫ It is appropriate in this 
connection for  the competent authorities ⌦ should ⌫ to base their approach on 
Council Regulation (EEC) No  1468/81 of 19 May 1981  (EC) No 515/97 of 13 March 
1997  on mutual assistance between the admi nistrative authorities of the Member 
States and cooperation between the latter and the Commission to ensure the correct 
application of the law on customs and  ⌦ or ⌫ agricultural matters15. 
                                                 
15 OJ L 144, 2.6.1981, p. 1  82, 22.3.1997, p.1 . EN 17   EN  
Ð 93/15/EEC recital 16 (adapted) 
(36) This Directive does  ⌦ should ⌫ not affect the power of Member States to take 
measures with a view to preventing illeg al trade in explos ives and ammunition. 
 
Ø new 
(37) In order to ensure uniform conditions fo r the implementation of  this Directive, 
implementing powers should be conferred on the Commission. Those powers should 
be exercised in accordance with Regula tion (EU) No 182/2011 of the European 
Parliament and of the Council of 16 Februa ry 2011 laying down the rules and general 
principles concerning mechanisms for control by the Member States of the 
Commission's exercise of implementing powers16. 
(38) The examination procedure should be used for the adoption of the implementing acts 
in order to set up the conditions for a syst em for identification and keeping track of 
explosives. 
(39) In order to achieve the objec tives of this Directive, th e power to adopt acts in 
accordance with Article 290 of the Treaty on the Functioning of the European Union 
should be delegated to the Commission in  respect of adopting Union measures 
concerning adapting this Directive to United Nations recommendations on the 
transport of dangerous goods. It is of part icular importance that the Commission carry 
out appropriate consultations during its preparatory work, including at expert level. 
(40) The Commission, when preparing and draw ing-up delegated acts, should ensure a 
simultaneous, timely and appropriate transm ission of relevant documents to the 
European Parliament and Council. 
(41) The Member States should lay down rules on penalties applicable to infringements of 
the national provisions adopted pursuant to th is Directive and ensure that they are 
implemented. Those penalties should be effective, proportionate and dissuasive. 
(42) Since the objective of this Directive, namely to ensure that explosives on the market 
fulfil the requirements providing a high level of protection of health and safety and 
other public interests while guaranteeing the functioning of the internal market cannot 
be sufficiently achieved by the Member States  and can therefore, by reason of its scale 
and effects, be better achieved at Union level, the Union may adopt measures, in 
accordance with the principle of  subsidiarity as set out in  Article 5 of the Treaty on 
European Union. In accordance with the princi ple of proportionality, as set out in that 
Article, this Directive does not go beyond what is necessary in order to achieve that 
objective. 
(43) It is necessary to provide for transitional arrangements that allow making available on 
the market explosives that have already b een placed on the market in accordance with 
Directive 93/15/EEC. 
                                                 
16 OJ L 55, 28.2.2011, p.13. EN 18   EN (44) The obligation to transpose this Directive in to national law should be  confined to those 
provisions which represent a substantive change as compared with Directive 
93/15/EEC. The obligation to transpose the provisions which are unchanged arises 
under Directive 93/15/EEC. 
(45) This Directive should be without prejudice to the obligations of the Member States 
relating to the time-limits for transposition into national law and application of 
Directive 93/15/EEC. 
 
Ð 93/15/EEC (adapted) 
HAS  ⌦ HAVE ⌫ ADOPTED THIS DIRECTIVE: 
CHAPTER  1I 
GENERAL PROVISIONS  
Article 1 
 ⌦ Scope  ⌫ 
1. This Directive shall apply to ⌦ the following: ⌫ explosives as defined in paragraph 2.  
 
Ø new 
(a) explosives for civil uses; 
(b) transfer of ammunition and information ex change on those transfers referred to in 
Articles 12, 13 and 14. 
 
Ð 93/15/EEC 
32. This Directive shall not apply to: 
 
Ð 93/15/EEC (adapted) 
(a) explosives ⌦ and ⌫ , including  ammunition, intended for use, in accordance with 
national law, by the armed forces or the police;,  
(b) pyrotechnical  articles ⌦ falling within the scope of Directive 2007/23/EC. ⌫  EN 19   EN  
Ð 93/15/EEC 
– ammunition, except as provided in Articles 10, 11, 12, 13, 17, 18 and 19.  
 
Ð 93/15/EEC (adapted) 
Ö new 
53. This Directive shall not prevent Member States from designating certain substances 
not covered by this Directive as  explosives under national law  ⌦ laws ⌫ or 
regulations. 
Article 2  [Article R1 of Decision No 768/2008/EC] 
 ⌦ Definitions  ⌫ 
4. For the purposes of this Directive ⌦ the following definitions shall apply ⌫ : 
(1) 2.  ‘«eExplosives’»  shall  mean  ⌦ means ⌫ the materials and articles considered to 
be such in the United Nations recommenda tions on the transport of dangerous goods 
and falling within Class 1 of those recommendations;.  
(2) ‘« United Nations recommendations’»  shall  mean  ⌦ means ⌫ the 
recommendations laid down by the Unite d Nations Committee of Experts on the 
Transport of Dangerous Goods, as published in the United  Nations  (Orange Book) 
and as amended by the date when this Directive is adopted;,  
(3) ‘« safety’»  shall  mean  ⌦ means ⌫ the prevention of accidents and, where 
prevention fails, the containment of their effects;,  
(4) ‘« security’»  shall  mean  ⌦ means ⌫ the prevention of use contrary to law and 
order;,  
(5) ‘« dealer’»  shall  mean  ⌦ means ⌫ any natural or legal person whose occupation 
consists wholly or partly in the manufactur e, trade, exchange, hiring out, repair or 
conversion of fire arms and ammunition, 
(6) ‘« approval’»  shall  mean  ⌦ means ⌫ the decision taken to allow envisaged 
transfers of explosives within the ⌦ Union ⌫ Community ;, 
(7) «undertaking in the explosives sector»  Ö ‘economic operators’  shall  mean  
⌦ means ⌫ Ö the manufacturer, the authorised representative, the importer, the 
distributor and  any natural or legal person po ssessing a licence or authorization 
which entitles him to  ⌦ who engages ⌫ engage  in the manufacture,  storage, use, 
transfer, Ö export  or trade ⌦ of ⌫ in explosives;,  
(8) « ‘transfer’»  shall  mean  ⌦ means ⌫ any physical movement of explosives within 
⌦ the Union ⌫ Community territory  ⌦ except ⌫ apar t from  movements within 
one and the same site;.  EN 20   EN (9) « ‘placing  Ö making available  on the market’»  shall  mean  ⌦ means ⌫ any first 
disposal against payment or free of charge  Ö supply  of ⌦ an explosive ⌫ 
explosive s covered by this Directive  ⌦ for ⌫ with a view to their  distribution 
and/or use on the Community  ⌦ Union ⌫ market Ö in the course of a commercial 
activity, whether in return fo r payment or free of charge;  , 
 
Ø new 
(10) ‘placing on the market’ means the firs t making available of an explosive on the 
Union market; 
(11) ‘manufacturer’ means any natural or lega l person who manufactur es an explosive or 
has an explosive designed or manufacture d, and markets explosives under his name 
or trademark; 
(12) ‘authorised representative ’ means any natural or legal person established within the 
Union who has received a written mandate fr om a manufacturer to act on his behalf 
in relation to specified tasks; 
(13) ‘importer’ means any natural or legal person established within the Union who 
places explosives from a third country on the Union market; 
(14) ‘distributor’ means any natural or legal person in the supply chain, other than the 
manufacturer or the importer, who make s explosives available on the market; 
(15) ‘technical specification’ m eans a document that prescribes technical requirements to 
be fulfilled by an explosive; 
(16) ‘harmonised standard’ means harmonised st andard as defined in  Article 2(1)(c) of 
Regulation (EU) No [../..] [Standardisation Regulation]; 
(17) ‘accreditation’ means accr editation as defined in Artic le 2(10) of Regulation (EC) 
No 765/2008; 
(18) ‘national accreditation body’ means nati onal accreditation body as defined in Article 
2(11) of Regulation (EC) No 765/2008; 
(19) ‘conformity assessment’ means the pr ocess demonstrating whether the essential 
safety requirements relating to an explosive have been fulfilled; 
(20) ‘conformity assessment body’ means a body that performs conformity assessment 
activities including calib ration, testing, certification and inspection; 
(21) ‘recall’ means any measure aimed at achie ving the return of an  explosive that has 
already been made available to the end user; 
(22) ‘withdrawal’ means any measure aimed at preventing an explosive in the supply 
chain from being made available on the market; EN 21   EN (23) ‘CE marking’ means a marking by whic h the manufacturer indicates that the 
explosive is in conformity with the applicable requirements set out in Union 
harmonisation legislation pr oviding for its affixing; 
(24) ‘Union harmonisation legi slation’ means any Union legislation harmonising the 
conditions for the marketing of products. 
 
Ð 93/15/EEC (adapted) 
Î1 Corrigendum, OJ L 79, 
7.4.1995, p. 34 
Ö new 
CHAPTER  II 
HARMONIZATION OF LAWS  RELATING TO EXPLOSI VES 
Article 32  
⌦ Free movement  ⌫ 
1. Member States may not prohibit,  restrict or hinder the placing  Ö making available  on 
the market of explosives which fall with in the scope of this Directive and which  satisfy the 
requirements of this Directive. 
Article 4  
⌦ Making available on the market  ⌫ 
2. Member States shall take the necessary measur es to ensure that explosives falling within 
the scope of this Directive  may be Ö made available  placed  on the market only if they 
comply with all the provisions of this Directive, are provided with the CE marking described 
in Article 7 and their conformity Î1 has been assessed   in accordance with the procedures 
referred to in Annex II . 
3. Where explosives fallin g within the scope of this Directive are subject to other Directives 
which cover other aspects and prescribe the fi xing of the CE marking, this marking shall 
indicate that the abovementioned products are also presumed to  conform to the provisions of 
these other directives which apply to them.  
Article 3  
Explosives falling within the scope of this Directive must  comply with the essential safety  
Ö all the  requirements ⌦ of this Directive ⌫ set out in An nex I which apply to them . EN 22   EN CHAPTER  2 
⌦ OBLIGATIONS OF ECONOMIC OPERATORS  ⌫ 
Article 514  
 ⌦ Licence and authorisation  ⌫ 
Member States shall keep at the disposal of the other Member States and the Commis sion 
updated information concerning undertakings  in the explosives sector possessing licences  or 
authorizations  as referred to in Article 1(4).  
 
Ø new 
Economic operators shall be in possession of a li cence or authorisation which entitles them to 
engage in the manufacture, stor age, use, import, export, tran sfer or trade of explosives. 
The first paragraph shall not a pply to employees of an econom ic operator possessing a licence 
or authorisation. 
Article 6 [Article R2 of Decision No 768/2008/EC] 
Obligations of manufacturers  
1. When placing explosives on the market or  when using explosives themselves, 
manufacturers shall ensure that they ha ve been designed and manufactured in 
accordance with the essential safety requirements set out in Annex I. 
2. Manufacturers shall draw up the technical documentation referred to in Annex II and 
carry out the conformity asse ssment procedure referred to in Article 19 or have it 
carried out. 
Where compliance of an explosive with the applicable requirements has been 
demonstrated by that procedure, manufacturer s shall draw up an EU declaration of 
conformity and affix the CE marking.  
The CE marking does not need  to be affixed on explosiv es manufactured for own 
use, explosives transported and delivered unpackaged or in pump trucks for their 
direct unloading into the blas t-hole, and explosives manufact ured at the blasting sites 
which are loaded immediately after being produced (so-called in situ production). 
3. Manufacturers shall keep the technical doc umentation and the EU declaration of 
conformity for at least 10 years after th e explosive has been placed on the market. 
4. Manufacturers shall ensure th at procedures are in plac e for series production to 
remain in conformity. Changes in design or characteristics of the explosive and 
changes in the harmonised sta ndards or in technical spec ifications by reference to 
which conformity of an explosive is declar ed shall be adequately taken into account. EN 23   EN 5. Manufacturers shall ensure that their explosives bear the unique identification in 
accordance with Commission Directive 2008/43/EC17. 
6. Manufacturers shall ensure that their expl osives are accompanied by instructions and 
safety information in a language which can be easily understood by end-users, as 
determined by the Member State concerned. 
7. Manufacturers who consider or have reason to believe that an explosive which they 
have placed on the market is  not in conformity  with this Directive shall immediately 
take the necessary corrective measures to bring that explosive into conformity, to 
withdraw it or recall it, if  appropriate. Furthermore, wh ere the explosive presents a 
risk, manufacturers shall imme diately inform the competent national authorities of 
the Member States in which they made the explosive available to that effect, giving 
details, in particular, of the non-complia nce and of any corrective measures taken. 
8. Manufacturers shall, further to a reas oned request from a competent national 
authority, provide it with all the info rmation and documentation necessary to 
demonstrate the conformity of the explos ive, in a language which can be easily 
understood by that authority. They  shall cooperate w ith that authority, at its request, 
on any action taken to eliminate the risk s posed by explosives which they have 
placed on the market. 
Article 7 [Article R3 of Decision No 768/2008/EC] 
Authorised representatives  
1. A manufacturer may, by a written mandate, a ppoint an authorised representative. 
The obligations laid down in Article 6(1) and the drawing up of technical 
documentation shall not form part of th e authorised representative's mandate. 
2. An authorised representative shall perf orm the tasks specified in the mandate 
received from the manufacturer. The ma ndate shall allow the authorised 
representative to do at  least the following: 
(a) keep the EU declaration of conformity  and the technical documentation at the 
disposal of national survei llance authorities for 10 y ears after the explosive has 
been placed on the market; 
(b) further to a reasoned request from a co mpetent national authority, provide that 
authority with all the information and documentation necessary to demonstrate 
the conformity of an explosive; 
(c) cooperate with the competent national authorities, at their request, on any 
action taken to eliminate the risks posed by explosives covered by the 
authorised representative's mandate. 
                                                 
17 OJ L 94, 5.4.2008, p. 8. EN 24   EN Article 8 [Article R4 of Decision No 768/2008/EC] 
Obligations of importers  
1. Importers shall place only compliant explosives on the market. 
2. Before placing an explosive on the market im porters shall ensure that the appropriate 
conformity assessment procedure has been  carried out by the manufacturer. They 
shall ensure that the manuf acturer has drawn up the tech nical documentation, that the 
explosive bears the CE marking and is accompanied by the required documents.  
Where an importer considers or has reason to believe that an explosive is not in 
conformity with the essential safety requi rements set out in Annex I, he shall not 
place the explosive on the market until it has been brought into conformity. 
Furthermore, where the explosive presents  a risk, the importer shall inform the 
manufacturer and the market survei llance authorities to that effect. 
3. Importers shall ensure that the expl osives imported by them bear a unique 
identification in accordance with Directive 2008/43/EC.  
4. Importers shall ensure that the explosive is accompanied by inst ructions and safety 
information in a language which can be easily understood by end-users, as 
determined by the Member State concerned. 
5. Importers shall ensure that, while an explosive is under their responsibility, storage 
or transport conditions do not  jeopardise its compliance with the essential safety 
requirements set out in Annex I. 
6. Importers who consider or have reason to be lieve that an explosive which they have 
placed on the market is not in conformity with the requirements of this Directive 
shall immediately take the corrective measures  necessary to bring that explosive into 
conformity, to withdraw it or recall it, if appropriate. Furthermore, where the 
explosive presents a risk, im porters shall immediately inform the competent national 
authorities of the Member States in which they made the explosive available to that 
effect, giving details, in particular, of the non-compliance and of any corrective 
measures taken. 
7. Importers shall, for at least 10 years af ter the explosive has been placed on the 
market, keep a copy of the EU declaration of  conformity at the disposal of the market 
surveillance authorities and ensure that the technical documentation can be made 
available to those authorities, upon request. 
8. Importers shall, further to a reasoned re quest from a competent national authority, 
provide it with all the information and documentation necessary to demonstrate the 
conformity of an explosive in a language  which can be easily understood by that 
authority. They shall cooperate with that au thority, at its request, on any action taken 
to eliminate the risks posed by explosives  which they have placed on the market. EN 25   EN Article 9 [Article R5 of Decision No 768/2008/EC] 
Obligations of distributors  
1. When making an explosive available on the market distributors shall act with due 
care in relation to the requirements of this Directive. 
2. Before making an explosive available on the ma rket distributors shall verify that the 
explosive bears the CE marking, that it is accompanied by the required documents 
and by instructions and safety informa tion in a language wh ich can be easily 
understood by end-users in the Member State in which the explosive is to be made 
available on the market, and that the ma nufacturer and the importer have complied 
with the requirements set out in Directive 2008/43/EC. 
Where a distributor considers or has reason to believe that an explosive is not in 
conformity with the essential safety requi rements set out in Annex I, he shall not 
make the explosive available on the market until it has been brought  into conformity. 
Furthermore, where the explosive presents a risk, the distributor  shall inform the 
manufacturer or the importer to that e ffect as well as the market surveillance 
authorities. 
3. Distributors shall ensure th at, while an explosive is unde r their responsibility, storage 
or transport conditions do not  jeopardise its compliance with the essential safety 
requirements set out in Annex I. 
4. Distributors who consider or have reason to believe that an explosive which they 
have made available on the market is not in conformity with this Directive shall 
make sure that the corrective measures necessary to bring that explosive into 
conformity, to withdraw it or recall it, if appropriate, are taken. Furthermore, where 
the explosive presents a risk, distributor s shall immediately inform the competent 
national authorities of the Member States in  which they made the explosive available 
to that effect, giving details, in part icular, of the non-compliance and of any 
corrective measures taken. 
5. Distributors shall, further to a reasoned request from a competen t national authority, 
provide it with all the information and documentation necessary to demonstrate the 
conformity of an explosive. They shall cooperate with that  authority, at its request, 
on any action taken to eliminate the risks pos ed by explosives which they have made 
available on the market. 
Article 10 
Cases in which obligations of manufact urers apply to importers and distributors  
An importer or distributor shall be consider ed a manufacturer for the purposes of this 
Directive and he shall be subjec t to the obligations of the ma nufacturer under Article 6, where 
he places an explosive on the market under his name or trademark or modifies an explosive 
already placed on the market in such a way th at compliance with this Directive may be 
affected. EN 26   EN  
Ð 93/15/EEC (adapted) 
CHAPTER  3III 
⌦ SECURITY  ⌫ PROVISIONS GOVERNING THE SUPERV ISION OF TRANSFERS I N 
THE COMMUNITY  
Article 119  
 ⌦ Transfers of explosives  ⌫ 
1. Explosives covered by this Directive  may be transferred only in accordance with the 
following  paragraphs ⌦ 2 to 8 ⌫. 
 
Ð 93/15/EEC 
2. Controls performed pursu ant to Community law or national law in the event of transfers of 
the explosives governed by this Article shall no longer be pe rformed as internal frontier 
controls but solely as part of the nor mal control procedures applied in a non -discriminatory 
fashion  throughout the territory  of the Community.  
 
Ð 93/15/EEC (adapted) 
Î1 Corrigendum, OJ L 79, 
7.4.1995, p. 34 
Ö new 
23. Approval to transfer explosives shall be obtained by the consignee from the recipient  
competent authority ⌦ in the Member State of the recipient ⌫ . The competent 
authority shall verify that the consignee is legally authorisz ed to acquire explosives 
and that he is in possession of the necessary licences or authorisz ations. The person 
responsible for the transfer  must notify the competent authorities of the transit 
Member State  ⌦ State(s) ⌫ or Member States  of ⌦ any ⌫ movements  of 
explosives through ⌦ the Member States concerned ⌫ this or these States, whose  
⌦ and shall obtain prior ⌫ approval shall be required  ⌦ of the transit Member 
State(s) concerned ⌫. 
34. Where a Member State considers that there is a problem regarding the verification of 
the entitlement to acquire explosives referred to in paragraph 23 , that Member State 
shall forward the available information on the subject to the Commission which 
Ö shall inform the other Member States thereof  will put the matter before the 
Comm ittee provided for in Î1 Article 13   without delay . 
45. Where the recipient  competent authority ⌦ in the Member State of the recipient ⌫ 
approves a transfer, it shall issue to the consignee a document which includes all the 
information referred to in paragraph 57 . Such a document must accompany the EN 27   EN explosives until they arrive at  their stated destination. It  must be produced at the 
request of the relevant comp etent authorities. A copy of ⌦ that ⌫ this document 
shall be retained by the c onsignee who shall present it ⌦ , upon request, ⌫ for 
examination by the recipient  competent authority,  at the latter's request  ⌦ in the 
Member State of the recipient ⌫ . 
 
Ð 93/15/EEC (adapted) 
57. Where transfers of explosives must be speci ally supervised in order to comply with 
special security requirements in the territory or part of the territory of a Member State, prior to the transfer the following information shall be provided by the consignee to the recipient
 competent authority ⌦ in the Member State of the 
recipient ⌫ : 
 
Ð 93/15/EEC (adapted) 
(a) the names and addresses of the operators  concerned; this information must be 
detailed enough to enable the operators to be contacted and confirmation to be 
obtained that the persons in question are legally ent itled to receive the 
consignment,  
 
Ð 93/15/EEC 
Î1 Corrigendum, OJ L 79, 
7.4.1995, p. 34 
(b) the number and quantity of the explosives being transferred;,  
(c) a full description of the explosiv e in question and of the means of 
identification, including the United Nations identification number;,  
(d) where the explosives are to be placed on the market, information on 
compliance with conditions for placing on the market;,  
(e) the means of transfer and the itinerary;,  
(f) the expected dates of departure and Î1 arrival ;, 
(g) where necessary, the precise points of entry to and exit from Member States. EN 28   EN  
Ð 93/15/EEC (adapted) 
Î1 Corrigendum, OJ L 79, 
7.4.1995, p. 34 
Ö new 
⌦ The information referred to in point (a) of the first s ubparagraph must be detailed 
enough to enable the operators to be contac ted and confirmation to be obtained that 
the persons concerned are entitled to receive the consignment. ⌫ 
Recipient ⌦ The ⌫ competent ⌦ authority ⌫ authorities  ⌦ in the Member State 
of the recipient ⌫ shall examine the conditions under which the transfer may take 
place, with particular regard to the spec ial security requirem ents. If the special 
security requirements are satisfied, approval for the transfer shall be granted. In the ⌦ case ⌫ event
 of transit through the territor y of other Member States, those 
⌦ Member ⌫ States shall likewise examine and approve, in the same conditions,  
the particulars concerning the transfer. 
6. Where the competent authority of a Member  State considers that special security 
requirements such as those  referred to in paragraph 5 4 Ö and 5  are unnecessary, 
explosives can  ⌦ may ⌫ be transferred on their territo ry or part thereof without 
prior provision of information within the meaning of paragraph 57 . The recipient  
competent authority ⌦ in the Member State of the recipient ⌫ shall then grant an 
approval for a fixed period, ⌦ which is ⌫ and liable to suspension or withdrawal at 
any time on the basis of a reasoned jus tification. The document referred to in 
paragraph 45 , which must accompany the explosiv es until they arrive at their 
destination, shall refer solely to ⌦ that ⌫ the abovementioned  approval. 
78. Without prejudice to the normal checks whic h the Member State of departure shall 
carry out in its territory, at the request of the competent authorities concerned, the 
consignees and the ⌦ economic ⌫ operators concerned in the explosives sector  
shall forward to the authorities of the Memb er State of departure and to those of the 
Member State of transit all relevant information they Î1 possess  concerning the 
transfer of explosives. 
89. No supplier may transfer explosives unle ss the consignee has obtained the necessary 
authorisz ations for the transfer in accordance with the provisions of  
Î1 paragraphs  23, 45, 56 and 67 . 
Article 1210  
 ⌦ Transfers of ammunition  ⌫ 
1. Ammunition may be transferred from one Member State to another only in 
accordance with the procedure laid down in the following  paragraphs ⌦ 2 to 5 ⌫ . 
These  ⌦ Those ⌫ provisions  ⌦ paragraphs ⌫ shall also apply to transfers of 
ammunition under mail-order sales. EN 29   EN  
Ð 93/15/EEC 
Î1 Corrigendum, OJ L 79, 
7.4.1995, p. 34 
2. Where ammunition is to be transferred to another Member State the person 
concerned shall, before any dispatch, co mmunicate to the Member State in which 
that ammunition is located: 
(a) the names and addresses of the person selling or transferring the ammunition, 
of the person purchasing or acquiring the ammunition and, where appropriate, 
of the owner;,  
(b) the Î1 address  to which the ammunition is to be consigned or transported;,  
(c) the quantity of ammunition to be consigned or transported;,  
(d) data making it possible to identify the ammunition and also an indication that 
the ammunition has undergone a check in  accordance with the Convention of 
1 July 1969 on the Reciprocal Recognition of Proofmarks on Small Arms;,  
(e) the means of transfer;,  
(f) the date of departure and the estimated date of arrival. 
 
Ð 93/15/EEC (adapted) 
The information referred to  in the last two indents  points (e) and (f) of the first 
subparagraph  need not be supplied in the ⌦ case ⌫ event  of a transfer between 
dealers. The Member State shall examine th e conditions under whic h the transfer is 
to be carried out, in partic ular with regard to securi ty. Where the Member State 
authorisz es such a transfer it shall issue a lic ence incorporating all the particulars 
referred to in the first subparagraph. Th at licence shall accompany the ammunition 
until it reaches its destination.;  Iit shall be produced whenever so required by the 
competent authorities of the Member States. 
 
Ð 93/15/EEC 
3. Each Member State may grant dealers the right to effect transfers of ammunition 
from its territory to a dealer established in another Member State without the prior 
authorisz ation referred to in paragraph 2. To that end it shall issue an authorisz ation 
valid for three years which may at any tim e be suspended or cancelled by reasoned 
decision. A document referring to that authorisz ation must accompany the 
ammunition until it reaches its destination. It  must be produced whenever so required 
by the competent authoritie s of the Member States. EN 30   EN Before effecting the transfer, the dealer shall communicate to the authorities of the 
Member State from which the transfer is to be effected all the particulars listed in the 
first subparagraph of paragraph 2. 
4. Each Member State shall supply the othe r Member States with a list of the 
ammunition the transfer of which to its territory may be authorisz ed without its prior 
consent. 
 
Ð 93/15/EEC (adapted) 
Such lists of ammunition shall be comm unicated to dealers who have obtained 
approval for transferring amm unition without prior authorisz ation ⌦ in accordance 
with ⌫ under  the procedure laid down in paragraph 3. 
 
Ð 93/15/EEC 
5. Each Member State shall communicate all useful information at its disposal 
concerning definitive transfers of ammunition to  the Member State, to the territory of 
which such a transfer has been effected. 
 
Ð 93/15/EEC (adapted) 
All information that Member States recei ve by way of the procedures laid down  in 
⌦ accordance with paragraphs 2 and 3 ⌫ this Article  shall be communicated, not later than 
the time of the relevant transfer s, to the Member States of de stination and, wh ere appropriate, 
not later than the time of transfer to the Member States of transit. 
Article 1311  
 ⌦ Security derogations  ⌫ 
By derogation from Article 119  (3), (5), (6) and (7), and from Article 1210 , a Member State, 
in case of ⌦ serious ⌫ grave  threats to, or attacks up on, public security ⌦ as a result of ⌫ 
through the  illicit possession or use of explosives  or ammunition covered by the Directive , 
may take all necessary measures concerning transf ers of explosives or ammunition in order to 
prevent such illicit  possession or use. 
These  measures ⌦ referred to in the first paragraph ⌫ shall respect the principle of 
proportionality. They must constitute neither a means of arbitrary discrimination nor a veiled 
restriction in trade between Member States. 
 
Ð 93/15/EEC 
Each Member State which adopts such meas ures shall notify the Commission of them 
forthwith.;  Tthe Commission shall inform the other Member States thereof. EN 31   EN  
Ð 93/15/EEC (adapted) 
CHAPTER  IV 
OTHER  PROVISIONS  
Article 1412  
 ⌦ Information exchange  ⌫ 
1. Member States shall set up information exchange networks for the implementation of 
Articles 119  and 1210 . They shall notify the other Member  States and the Commission of the 
national authorities responsible for forwarding or receiving information and for applying the 
procedures referred to in ⌦ those ⌫ the said  Articles 9 and 10 . 
 
Ø new 
Member States shall keep at the disposal of the other Member States and of the Commission 
updated information concerning economic operato rs possessing licences or authorisations 
referred to in Article 5. 
 
Ð 93/15/EEC (adapted) 
2. For the purposes  of implementing this Directive, the provisio ns of  Regulation (EEC) 
No 1468/81  Regulation (EC) No 515/97 , in particular those  ⌦ the requirements ⌫ relating 
to confidentiality, shall apply mutatis mutandis . 
 
Ð (EC) 219/2009 (adapted) 
Ö new 
Article 15  
⌦ Identification and trace ability of explosives  ⌫ 
Member States shall ascertain ⌦ that ⌫ whether such undertakings  Ö economic 
operators  possess a system for keeping track of  explosives such that those holding 
explosives can be iden tified at any time.  EN 32   EN  
Ð (EC) 219/2009 
Ö new 
The Commission may adopt measures  Ö implementing acts  setting the conditions for the 
application of t his the first  paragraph Ö to set up a system for the unique identification and 
traceability at Union level . Those measures, designed to amend non -essential elements of 
this Directive by supplementing it,  Ö implementing acts  shall be adopted in accordance 
with the regulatory  Ö examination  procedure with  scrutiny  referred to in Article 13(4)  
47(2) . 
 
Ð 93/15/EEC  
Ö new 
Undertakings  in the explosives sector  Ö Economic operators  shall keep such records of 
their transactions as are nece ssary to fulfil the obligations set out in the first paragraph  this 
Article . 
The documents referred to in th e first and second paragraph  this Article  must be kept for at 
least three  Ö ten  years after the end of th e calendar year in which the recorded transaction 
took place, even if  the undertaking  Ö economic operator  has ceased trading. They must be 
immediately available for inspection at th e request of the competent authorities. 
Article 15  
Member States shall ensure that explosives are properly marked.  
 
Ð 93/15/EEC (adapted) 
Î1 Corrigendum, OJ L 79, 
7.4.1995, p. 34 
Article 16 
 ⌦ Licensing of manufacturing activities  ⌫ 
When a Member State issues a licence or Î1 authorisz ation  ⌦ referred to in Article 5 ⌫ 
for the purpose of allowing an explosives  manufacturing ⌦ of explosives ⌫ activity to be 
exercised , it shall check in particular that the pe rsons responsible are capable of complying 
with the technical commitments they assume. 
Article 1718  
 ⌦ Seizures  ⌫ 
Each Member State shall adopt, in the context of its national law, the necessary measures to 
enable the competent authorities to seize any ⌦ explosive ⌫ product coming within t he 
scope of this Directive  if there is sufficient evidence that that ⌦ explosive ⌫ product  will be 
Î1 illicitly  acquired, used or dealt in. EN 33   EN  
Ð 93/15/EEC (adapted) 
CHAPTER 4  
⌦ CONFORMITY OF THE EXPLOSIVE  ⌫ 
Article 184  [Article R8 of Decision No 768/2008/EC] 
 ⌦ Presumption of conformity  ⌫ 
1.Member States shall consider explosives falling within the scope of this Directive  
⌦ Explosives, ⌫ which ⌦ are in conformity ⌫ comply  with the relevant national 
standards transposing the  harmonisz ed standards ⌦ or parts thereof and ⌫ the references of 
which have been published in the Official Journal of the European Communities  ⌦ Union, 
shall be presumed ⌫ to be in conformity with the essential safety requirements referred to in 
Article 3. Member States shall publish the references of the  national standards transposing  
⌦ covered by ⌫ those harmonized  standards ⌦ or parts thereof, set out in Annex I ⌫. 
 
Ø new 
Where a harmonised standard satisfies the requir ements which it covers and which are set out 
in Annex I or Article 27, the Commission shall publish the refere nces of those standards in 
the Official Journal of  the European Union .  
 
Ð 93/15/EEC 
2. The Commission will give specif ic details of the work condu cted in the field of harmonized 
standards in the framework of the report submitted to the European Parliament and the 
Council on the application of Di rective 83/189/EEC and provided fo r in Article 11 (2) of that 
Directive.  
Article 5  
Where a Member State or  the Commission considers that the harmonized standards referred 
to in Article 4 do not fully satisfy the essential requirements referred to in Article 3, the 
Commission or the Member St ate concerned shall bring the matter before the Standing 
Committee set  up by Directive 83/189/EEC, giving its reasons. The Committee shall deliver 
its opinion without delay.  
In the light of the Committee's opinion the Commi ssion shall inform the Member States of the 
measures to be taken regarding the standards and the public ation referred to in Article 4.  EN 34   EN  
Ð 93/15/EEC (adapted) 
Ö new 
Article 196  
 ⌦ Conformity assessment procedures  ⌫ 
1.The procedures for the attestation  ⌦ assessment ⌫ of the conformity of explosives shall 
be ⌦ any of the following procedures ⌫ either : 
(a) EC ⌦ EU ⌫ type examination (Module B) ⌦ set out ⌫ referred to  in Annex II 
(1), and, at the choice of the manufacturer, ⌦ any of the following procedures ⌫ 
either : 
(i) the type  conformity Ö to type based on internal production control plus 
supervised product checks  at random intervals  (Module C2 ) ⌦ set out ⌫ 
referred to  in Annex II (2) , 
(ii) or the production  ⌦ conformity to type based on ⌫ quality assurance ⌦ of 
the production process ⌫ procedure  (Module D) ⌦ set out ⌫ referred to  in 
Annex II (3) , 
(iii) or the  ⌦ conformity to type based on ⌫ product quality assurance procedure  
(Module E) ⌦ set out ⌫ referred to  in Annex II (4) , 
(iv) or the  ⌦ conformity to type based on ⌫ product verification (Module F) 
⌦ set out ⌫ referred to  in Annex II (5) ; or 
(b) the ⌦ conformity based on ⌫ unit verification (Module G) ⌦ set out ⌫ referred to  
in Annex II (6) . 
 
Ø new 
Article 20 [Article R10 of Decision No 768/2008/EC] 
EU declaration of conformity  
1. The EU declaration of conform ity shall state that the fulfilm ent of the essential safety 
requirements set out in Anne x I has been demonstrated. 
2. The EU declaration of confor mity shall have the model st ructure set out in Annex III 
to Decision No 768/2008/EC, shall contain th e elements specified in the relevant 
modules set out in Annex II to this Directive and shal l be continuously updated. It 
shall be translated into th e language or languages requir ed by the Member State in 
which market the explosive is placed or made available. 
3. Where an explosive is subject to more  than one Union act  requiring an EU 
declaration of conformity, a si ngle EU declaration of confor mity shall be drawn up in EN 35   EN respect of all such Union acts. That declar ation shall contain the identification of the 
acts concerned including the publication references. 
4. By drawing up the EU declaration of c onformity, the manufacturer shall assume 
responsibility for the complia nce of the explosive.  
 
Ð 93/15/EEC (adapted) 
Ö new 
ANNEX  IV 
CONFORMITY  MARKING  
Article 21  [Article R11 of Decision No 768/2008/EC] 
 ⌦ General principles of the CE marking  ⌫ 
The CE conformity  marking shall Ö be subject to the general principles set out in Article 30 
of Regulation (EC) No 765/2008.  consist of the initials «CE» taking  the following form:  
If the marking is reduced or enlarged the pr oportions given in the a bove graduated drawing 
must be respected.  
Article 227  [Article R12 of Decision No 768/2008/EC] 
 ⌦ Rules and conditions for affixing the CE marking  ⌫ 
1. The CE marking of conformity  shall be affixed ⌦ visibly, legibl y and indelibly 
to ⌫ in such a way as to be visibl e, easily legible and indelible on  the explosives . 
themselves or, if this  ⌦ Where that ⌫ is not possible Ö or not warranted on 
account of the nature of the expl osive, it shall be affixed to  , on an identification 
plate attached thereto or, in the last reso rt, if the first two methods cannot be used,  on 
the packaging Ö and to the accompanying documents . The identification plate 
must be so designed as to make its reuse impossible.  
 
Ø new 
2. The CE marking shall be affixed before the explosive is placed on the market. 
3. The CE marking shall be followed by th e identification number of the notified body, 
where that body is involved in  the production control phase. 
4. The identification number of the notified body shall be affixed by the body itself or, 
under its instructions, by the manufacture r or his authorised representative. EN 36   EN 5. The CE marking and, where applicable, the identification number referred to in 
paragraph 3 may be followed by a pictogram or any other mark indicating a special 
risk or use. 
 
Ð 93/15/EEC (new) 
Î1 Corrigendum, OJ L 79, 
7.4.1995, p. 34 
The model to be used for the CE marking shall be that reproduced in Annex IV.  
2. It shall be prohibited to affix on explosiv es any mark or inscription which may confuse 
third per sons as to the meaning and style of writ ing of the CE marking. Any other mark may 
be affixed on explosives provided the Î1 visibility   and legibility of th e CE marking is not 
impaired.  
3. Without prejudice to  the provisions of Article 8:  
(a) where a Member State establishes that th e CE marking has been unduly affixed, the 
manufacturer, his agent or, failing these,  the person responsible for placing the 
product in question on the Community market  shall be obliged to restore the p roduct 
to conformity with regard to the provisi ons on marking and end the infringement 
under conditions imposed by the Member States;  
(b) where non -compliance continues, the Member State must take all appropriate 
measures to restrict or prohibit the placin g on the market of th e product in question 
or to ensure that it is withdrawn from th e market in accordance with the procedures 
laid down in Article 8.  
 
Ð 93/15/EEC (adapted) 
Ö new 
CHAPTER  5 
⌦ NOTIFICATION OF CONFORMITY ASSESSMENT BODIES  ⌫ 
Article 23  [Article R13 of Decision No 768/2008/EC] 
 ⌦ Notification  ⌫ 
2. Member States shall inform  Ö notify  the Commission and the other Member States of 
the bodies Ö authorised  which they have appointed  to carry out th e procedures for 
assessing the conformity referred to  above together with the specific  Ö third-party conformity 
assessment  tasks Ö under this Directive  which these bodies have  been appointed to 
carry out and the identifica tion numbers assigned to them  beforehand by the Commission . EN 37   EN  
Ø new 
Article 24 [Article R14 of Decision No 768/2008/EC] 
Notifying authorities  
1. Member States shall designate a notifying authority that shall be responsible for 
setting up and carrying out the necessary procedures for the assessment and 
notification of conformity assessment bodi es and the monitoring of notified bodies, 
including compliance with Article 29. 
2. Member States may decide that the a ssessment and monitoring referred to in 
paragraph 1 shall be carried out by a natio nal accreditation body within the meaning 
of and in accordance with Regulation (EC) No 765/2008. 
Article 25 [Article R15 of Decision No 768/2008/EC] 
Requirements relating to notifying authorities  
1. A notifying authority shall be established in  such a way that no conflict of interest 
with conformity assessment bodies occurs. 
2. A notifying authority shall be organised and operated so as to safeguard the 
objectivity and impartiality of its activities. 
3. A notifying authority shall be organised in such a way that  each decision relating to 
notification of a conformity  assessment body is taken by competent persons different 
from those who carried out the assessment. 
4. A notifying authority shall not offer or provide any activities that conformity 
assessment bodies perform or consultancy services on a commercial or competitive 
basis. 
5. A notifying authority shall safeguard the conf identiality of the information it obtains. 
6. A notifying authority shall have a sufficien t number of competent personnel at its 
disposal for the proper performance of its tasks. 
Article 26 [Article R16 of Decision No 768/2008/EC] 
Information obligation on  notifying authorities  
Member States shall inform the Commission of their proce dures for the assessment and 
notification of conformity assessment bodies and the monitoring of notified bodies, and of 
any changes thereto. 
The Commission shall make that information publicly available. EN 38   EN  
Ð 93/15/EEC (new) 
Î1 Corrigendum, OJ L 79, 
7.4.1995, p. 34 
The Commission shall publish in the Official Journal of the European Communities  a list of 
the notified bodies and their identificati on numbers and the tasks fo r which they have been 
notified. The Commission shall ensure that this list is kept up to date.  
Member States shall apply the minimum criteri a set out in Annex III for the assessment of 
bodies of which the Commission is to be not ified. Bodies which meet the assessment criteria 
laid down by the relevant harmonized standards shall be presumed to satisfy the relevant 
minimum criteria.  
A Member State which Î1 has  notified the Commission of a given body sh all withdraw 
the notification if it discovers that that body no longer meets th e criteria referred to in the 
second subparagraph. It shall immediately in form the other Member States and the 
Commission accordingly.  
 
Ð 93/15/EEC (adapted) 
ANNEX  III 
MINIMUM  CRITERIA  TO BE TAKEN  INTO  ACCOUNT  BY MEMBER  
STATES  FOR  THE  NOTIFICATION  OF BODIES  
Article 27  [Article R17 of Decision No 768/2008/EC] 
 ⌦ Requirements relating to notified bodies  ⌫ 
 
Ø new 
1. For the purposes of notification, a conf ormity assessment body shall meet the 
requirements laid down in paragraphs 2 to 11. 
2. A conformity assessment body shall be established under national law and have legal 
personality. 
3. A conformity assessment body shall be a third-party body independent of the 
organisation or the explosive it assesses. 
A body belonging to a business association or professional federation representing 
undertakings involved in the design, manufacturing, pr ovision, assembly, use or 
maintenance of explosives, may, on conditi on that its independence and the absence 
of any conflict of interest are dem onstrated, be considered such a body. EN 39   EN  
Ð 93/15/EEC (adapted) 
Î1 Corrigendum, OJ L 79, 
7.4.1995, p. 34 
Ö new 
41. The ⌦ A conformity assessment ⌫ body, its ⌦ top level management ⌫ director  
and the ⌦ personnel ⌫ staff  responsible for carrying out the ⌦ conformity 
assessment tasks ⌫ verification tests  shall not be the designer, manufacturer, 
supplier,  or installer Ö , purchaser, owner, user or maintainer  of explosives which 
they inspect,  nor the authorisz ed representative of any of these  ⌦ those ⌫ parties. 
Ö This shall not preclude the use of explos ives that are necessa ry for the operations 
of the conformity assessment body or th e use of such products for personal 
purposes.  
They⌦ A conformity assessment body, its top level management and the personnel 
responsible for carrying out th e conformity assessment tasks ⌫ shall not become 
either  ⌦ directly ⌫ involved directly or as autho rized representatives  in the design, 
Ö manufacture or  construction, Î1 marketing  Ö , installation, use  or 
maintenance of ⌦ those ⌫ such  explosives Ö or represent the parties engaged in 
those activities . This does not preclude the possibi lity of exchanges of technical 
information between the manufacturer and the body.  Ö They shall not engage in any 
activity that may conflict with their independence of judgement or integrity in 
relation to conformity assessment activities for which they are notified. This shall in 
particular apply to consultancy services.  
Ö Conformity assessment bodies shall ensure that the activities of  their subsidiaries 
or subcontractors do not aff ect the confidentiality, objectivity or impartiality of their 
conformity assessment activities.  
52. The body  ⌦ Conformity assessment bodies ⌫ and ⌦ their personnel ⌫ its staff  
shall carry out the verification tests  ⌦ conformity assessment activities ⌫ with the 
highest degree of professional integrity and ⌦ requisite ⌫ technical competence 
⌦ in the specific field ⌫ and shall be free from all pressures and inducements, 
Î1 particularly financial, which might influence their judgement  or the results of 
⌦ their conformity assessment activities ⌫ the inspection , especially ⌦ as 
regards ⌫ from  persons or groups of persons with an interest in the result  
⌦ results ⌫ of ⌦ those activities ⌫ verifications . 
 
Ø new 
6. A conformity assessment body shall be capable of carrying out all the conformity 
assessment tasks assigned to it by Article  19 and in relation to which it has been 
notified, whether those tasks are carried out  by the conformity assessment body itself 
or on its behalf and under its responsibility. 
At all times and for each conformity asse ssment procedure and each  kind or category 
of explosives in relation to  which it has been notified, a conformity assessment body 
shall have at its disposal the necessary: EN 40   EN (a) personnel with technical knowledge and sufficient and appropriate experience 
to perform the conformity assessment tasks; 
(b) descriptions of procedures  in accordance with which conformity assessment is 
carried out, ensuring the transparency a nd the ability of reproduction of those 
procedures. It shall have appropriate policies and procedures in place that 
distinguish between tasks it carries out as a notifi ed body and other activities; 
(c) procedures for the performance of activi ties which take due a ccount of the size 
of an undertaking, the sector in which it operates, its structure, the degree of 
complexity of the product technology in question and the mass or serial nature 
of the production process. 
 
Ð 93/15/EEC (adapted) 
Î1 Corrigendum, OJ L 79, 
7.4.1995, p. 34 
Ö new 
3.⌦ It ⌫ The body  shall have at Î1 its  disposal  the ⌦ means ⌫ necessary 
staff and possess the necessary facilities to enable it  to perform properly  the 
administrative and  technical ⌦ and administrative ⌫ tasks connected with ⌦ the 
conformity assessment activities in an appropriate manner ⌫ verification; it  
⌦ and ⌫ shall also  have access to the  ⌦ all necessary ⌫ equipment ⌦ or 
facilities ⌫ requ ired for special verification . 
74. The ⌦ personnel ⌫ staff  responsible for inspection  ⌦ conformity assessment 
activities ⌫ shall have ⌦ the following ⌫: 
(a) sound technical and professional  ⌦ vocational ⌫ training Ö covering all the 
conformity assessment activities in relation to which the conformity 
assessment body has been notified; , 
(b) satisfactory knowledge of the Î1 requirements of the tests  ⌦ assessments ⌫ 
they carry out and adequate  ⌦ authority to carry out those assessments; ⌫ 
experience of such tests,  
 
Ø new 
(c) appropriate knowledge and understanding of the essential safety requirements 
set out in Annex I, of the applicable harmonised standards and of the relevant 
provisions of Union harmonisation legi slation and nationa l legislation;  EN 41   EN  
Ð 93/15/EEC (adapted) 
Î1 Corrigendum, OJ L 79, 
7.4.1995, p. 34 
Ö new 
(d) the ability to draw up the cer tificates, records and reports ⌦ demonstrating 
that assessments have been carried out ⌫required to authenti cate the 
performance of the tests . 
85. The impartiality of inspection staff  ⌦ the conformity assessment bodies, their top 
level management and of the assessment personnel ⌫ shall be guaranteed.  
Their  remuneration ⌦ of the top level management and assessment personnel of a 
conformity assessment body ⌫ shall not depend on the number of tests  
⌦ assessments ⌫ carried out or on the results of ⌦ those assessments ⌫such 
tests. 
96. The  body  ⌦ Conformity assessment bodies ⌫ shall take out civil  liability 
insurance unless its liability is Î1 assumed  by the State in accordance with 
national law, or the Member State itse lf is directly re sponsible for the ⌦ conformity 
assessment ⌫ tests . 
107. The ⌦ personnel ⌫ staff  of the  ⌦ a conformity assessment ⌫ body shall be 
bound t o observe professional secrecy with regard to all information ⌦ obtained ⌫ 
gained  in carrying out ⌦ their ⌫ its tasks (except Î1 (vis-à-vis) ) the competent 
administrative  authorities of the State in which its activities are carried out)  under 
⌦ Annex II ⌫ this Directive  or any provision of nationa l law giving effect to it Ö , 
except in relation to the competent author ities of the Member State in which its 
activities are carried out. Proprie tary rights shall be protected . 
 
Ø new 
11. Conformity assessment bodies shall particip ate in, or ensure that their assessment 
personnel are informed of the relevant sta ndardisation activ ities and the activities of 
the notified body coordination group esta blished under the relevant Union 
harmonisation legislation and apply as gene ral guidance the administrative decisions 
and documents produced as a resu lt of the work of that group. 
Article 28 [Article R18 of Decision No 768/2008/EC] 
Presumption of conformity  
Where a conformity assessment body demonstrates its conformity with the criteria laid down 
in the relevant harmonised standards or parts thereof the references of which have been 
published in the Official Journal of the European Union  it shall be presumed to comply with 
the requirements set out in Article 27 in so fa r as the applicable harm onised standards cover 
those requirements. EN 42   EN Article 29 [Article R20 of Decision No 768/2008/EC] 
Subsidiaries of and subcontracting by notified bodies  
1. Where a notified body subcontracts specific tasks connected with conformity 
assessment or has recourse to a subsidiary, it shall ensure that the subcontractor or 
the subsidiary meets the requirements set out in Article 27 and shall inform the 
notifying authority accordingly. 
2. Notified bodies shall take full respons ibility for the tasks performed by 
subcontractors or subsidiaries wh erever these are established. 
3. Activities may be subcontracted or carri ed out by a subsidiary only with the 
agreement of the client. 
4. Notified bodies shall keep at the disposal of the notifying authority the relevant 
documents concerning the assessment of the qua lifications of the subcontractor or the 
subsidiary and the work carried out by them under Annex II. 
Article 30 [Article R22 of Decision No 768/2008/EC] 
Application for notification  
1. A conformity assessment body shall submit an  application for notification to the 
notifying authority of the Member State in which it is established. 
2. That application shall be accompanied by a description of the conformity assessment 
activities, the conformity  assessment module or modules and the explosive or 
explosives for which that body claims to be competent, as well as by an accreditation 
certificate, where one exists , issued by a national accred itation body attes ting that the 
conformity assessment body fulfils the re quirements laid down in Article 27. 
3. Where the conformity assessment body con cerned cannot provide an accreditation 
certificate, it shall provide the notifying aut hority with all the documentary evidence 
necessary for the verification, recognition and regular monitoring of its compliance 
with the requirements laid down in Article 27. 
Article 31 [Article R23 of Decision No 768/2008/EC] 
Notification procedure  
1. Notifying authorities may notify only conformity assessment bodies which have 
satisfied the requirements laid down in Article 27 . 
2. They shall notify the Commission and the ot her Member States using the electronic 
notification tool developed and managed by the Commission. 
3. The notification shall include full details of the conformity assessment activities, the 
conformity assessment module or modules and explosive or explosives concerned 
and the relevant attestation of competence. 
4. Where a notification is not based on an accr editation certificate as referred to in 
Article 30(2), the notifying authority sh all provide the Commission and the other EN 43   EN Member States with documentary evidence which attests to the conformity 
assessment body's competence and the arrangement s in place to ensure that that body 
will be monitored regularly and will continue  to satisfy the requirements laid down in 
Article 27. 
5. The body concerned may perform the activ ities of a notifie d body only where no 
objections are raised by th e Commission or the other Me mber States within two 
weeks of a notification wher e an accreditation certificate is used or within two 
months of a notification wher e accreditation is not used. 
Only such a body shall be considered a notified body for the purposes of this 
Directive. 
6. The Commission and the other Member States  shall be notified of any subsequent 
relevant changes to the notification. 
Article 32 [Article R24 of Decision No 768/2008/EC] 
Identification numbers and lists of notified bodies  
1. The Commission shall assign an identif ication number to a notified body. 
It shall assign a single such number even  where the body is notified under several 
Union acts. 
2. The Commission shall make publicly availa ble the list of th e bodies notified under 
this Directive, including the identification num bers that have been allocated to them 
and the activities for which they have been notified. 
The Commission shall ensure that that list is kept up to date. 
Article 33 [Article R25 of Decision No 768/2008/EC] 
Changes to notifications  
1. Where a notifying authority has ascertained or  has been informed that a notified body 
no longer meets the requirements laid down in Article 27 or that it is failing to fulfil 
its obligations, the notifying au thority shall restrict, suspe nd or withdraw notification 
as appropriate, depending on the serious ness of the failure to meet those 
requirements or fulfil those obligations. It shall immediately inform the Commission 
and the other Member States accordingly. 
2. In the event of restriction, suspension or withdrawal of notification, or where the 
notified body has ceased its activity, the notifying Member State shall take 
appropriate steps to ensure that the files of that body are either processed by another 
notified body or kept available for the re sponsible notifying and market surveillance 
authorities at their request. EN 44   EN Article 34 [Article R26 of Decision No 768/2008/EC] 
Challenge of the competence of notified bodies  
1. The Commission shall investigate all cases where it doubts, or doubt  is brought to its 
attention regarding, the competence of a notified body or the continued fulfilment by 
a notified body of the requirements and responsibilities to wh ich it is subject. 
2. The notifying Member State shall provide  the Commission, on request, with all 
information relating to the basis for the notification or the maintenance of the 
competence of the body concerned. 
3. The Commission shall ensure that all sensitiv e information obtained in the course of 
its investigations is treated confidentially. 
4. Where the Commission ascertains that a notified body does not meet or no longer 
meets the requirements for its notification, it  shall inform the notifying Member State 
accordingly and request it to take the n ecessary corrective measures, including de-
notification if necessary. 
Article 35 [Article R27 of Decision No 768/2008/EC] 
Operational obligations of notified bodies  
1. Notified bodies shall carry out conformity assessments in accordance with the 
conformity assessment procedures provided for in Annex II. 
2. Conformity assessments shall be carried  out in a proportionate manner, avoiding 
unnecessary burdens for economic operators . Conformity assessment bodies shall 
perform their activities taking due account of  the size of an undertaking, the sector in 
which it operates, its struct ure, the degree of complexity  of the product technology in 
question and the mass or serial na ture of the production process. 
In doing so they shall nevertheless respect  the degree of rigour and the level of 
protection required for the compliance of the explosive with this Directive. 
3. Where a notified body finds that the essentia l safety requirements set out in Annex I 
or corresponding harmonised standards or t echnical specifications have not been met 
by a manufacturer, it shall require that ma nufacturer to take appropriate corrective 
measures and shall not issue a conformity certificate. 
4. Where, in the course of the monitoring of conformity following the issue of a 
certificate, a notified body finds that an ex plosive no longer complie s, it shall require 
the manufacturer to take a ppropriate corrective measures and shall suspend or 
withdraw the certific ate if necessary. 
5. Where corrective measures are not taken or  do not have the required effect, the 
notified body shall restrict, suspend or withdraw any cer tificates, as appropriate. EN 45   EN Article 36 
Appeal against decisions of notified bodies  
Member States shall ensure that  an appeal procedur e against decisions of  the notified bodies 
is available. 
Article 37 [Article R28 of Decision No 768/2008/EC] 
Information obligation on notified bodies  
1. Notified bodies shall inform the notifying authority of the following: 
(a)  any refusal, restriction, suspensi on or withdrawal of a certificate; 
(b) any circumstances affecting the scope of and conditions for notification; 
(c) any request for information which they ha ve received from market surveillance 
authorities regarding confor mity assessment activities; 
(d) on request, conformity assessment activit ies performed within the scope of 
their notification and a ny other activity performe d, including cross-border 
activities and subcontracting. 
2. Notified bodies shall provide the other bodi es notified under this Directive carrying 
out similar conformity assessment activi ties covering the same products with 
relevant information on issues relati ng to negative and, on request, positive 
conformity assessment results. 
Article 38 [Article R29 of Decision No 768/2008/EC] 
Exchange of experience  
The Commission shall provide for the organisa tion of exchange of experience between the 
Member States' national authorities responsible for notification policy. 
Article 39 [Article R30 of Decision EC 768/2008] 
Coordination of notified bodies  
The Commission shall ensure that appropriate  coordination and coope ration between bodies 
notified under this Directive are put in place an d properly operated in the form of a sectoral 
group of notified bodies. 
Member States shall ensure that  the bodies notified by them participate in the work of that 
group, directly or by means of designated representatives. EN 46   EN CHAPTER  6 
UNION MARKET SURVEILLANCE , CONTROL OF PRODUCTS ENTERING THE UNION 
MARKET AND SAFEGUARD PROCEDURES  
Article 40 
Union market surveillance and control of products entering the Union market  
Article 15(3) and Articles 16 to 29 of Regula tion (EC) No 765/2008 shall apply to explosives. 
 
Ð 93/15/EEC (adapted) 
Article 418  [Article R31 of Decision No 768/2008/EC] 
 ⌦ Procedure for dealing with explosives  presenting a risk at national level  ⌫ 
 
Ð 93/15/EEC 
1. Where a  Membe r State establishes that an explos ive bearing CE conformity marking 
and being used for its intended purpose ma y compromise safety, it shall take all 
interim measures necessary to withdraw the explosive from the market or prohibit its 
being placed on the ma rket or its freedom of movement.  
The Member Sta te shall immediately inform the  Commission of such measures, 
indicating the reasons for its measures and, in particular, whether non -conformity is 
the result of:  
– non-compliance with essential requirements,  
– incorrect application of standards, or  
– a shortcoming in the standards.  
 
Ø new 
1. Where the market surveillance authoritie s of one Member State have taken action 
pursuant to Article 20 of  Regulation (EC) No 765/2008, or where they have 
sufficient reason to believe that an explosive pr esents a risk to the health or safety of 
persons or to public security, they shall carry out an evaluation in relation to the 
explosive concerned covering all the requirements laid dow n in this Directive. The 
relevant economic operators shall coope rate as necessary with the market 
surveillance authorities.  EN 47   EN 2. Where, in the course of that evaluation, the market surveillance authorities find that 
the explosive does not comply with the requ irements laid down in this Directive, 
they shall without delay require the relevant econom ic operator to take all 
appropriate corrective action to bring th e explosive into compliance with those 
requirements, to withdraw the explosive fr om the market, or to recall it within a 
reasonable period, commensurate with the nature  of the risk, as they may prescribe. 
The market surveillance authorities sh all inform the relevant notified body 
accordingly. 
Article 21 of Regulation (EC) No 765/2008 shal l apply to the measur es referred to in 
the second subparagraph. 
3. Where the market surveillance authoritie s consider that non-compliance is not 
restricted to their national territory, they shall inform the Commission and the other 
Member States of the results of the eval uation and of the actions which they have 
required the economic operator to take. 
4. The economic operator shall ensure that al l appropriate correctiv e action is taken in 
respect of all the explosives concerned th at it has made available on the market 
throughout the Union. 
5. Where the relevant economic operator do es not take adequate corrective action 
within the period referred to in the sec ond subparagraph of paragraph 1, the market 
surveillance authorities shall take all appr opriate provisional measures to prohibit or 
restrict the explosive's bei ng made available on their na tional market, to withdraw 
the explosive from that market or to recall it. 
The market surveillance au thorities shall inform the Commission and the other 
Member States, without delay, of those measures. 
6. The information referred to in paragraph 4 shall include all available details, in 
particular the data necessary for the iden tification of the non-compliant explosive, 
the origin of the explosive, the nature of the non-compliance alleged and the risk 
involved, the nature and duration of the na tional measures taken and the arguments 
put forward by the relevant economic operator.  In particular, the market surveillance 
authorities shall indicate whether the non- compliance is due to either of the 
following: 
(a) failure of the explosive to meet requirements relating to the health or safety of 
persons or to other aspects of public interest protection laid down in this 
Directive; 
(b) shortcomings in the harmonised standards referred to in Article 18 conferring a 
presumption of conformity. 
7. Member States other than the Member State initiating the procedure shall without 
delay inform the Commission and the other Member States of any measures adopted 
and of any additional informa tion at their disposal rela ting to the non-compliance of 
the explosive concerned, and, in the event of disagreemen t with the notified national 
measure, of their objections. EN 48   EN 8. Where, within 6 months of receipt of th e information referred to in paragraph 4, no 
objection has been raised by either a Member  State or the Commission in respect of a 
provisional measure taken by a Member St ate, that measure shall be deemed 
justified. 
9. Member States shall ensure that appropriate  restrictive measures are taken in respect 
of the explosive concerned without delay. 
 
Ð 93/15/EEC 
2. The Commission shall consult the parties c oncerned as soon as possible. Where the 
Commission establishes, after consultation, that the measures are justified, it shall 
immediately inform the Member State which took the initiative, as well as the other Member 
States. Where the Commission establishes, af ter consultation, that the measures are 
unjustified, it shall immediately inform the Member State which took the decision.  
In the particular case where the measures referred to in paragra ph 1 are based on a 
shortcoming s in the standards, the Commission shall first consult the parties concerned and 
then within two months bring the matter befo re the Standing Committee set up by Directive 
83/189/EEC if the Member Stat e which took the measures  intends to maintain them and 
initiates the procedures referred to in Article 5.  
 
Ø new 
Article 42 [Article R32 of Decision No 768/2008/EC] 
 Union safeguard procedure  
1. Where, on completion of the procedure set out in Article 41(3) and (4), objections 
are raised against a measur e taken by a Member State, or where the Commission 
considers a national measure to be contra ry to Union legisla tion, the Commission 
shall without delay enter into consultation with the Member States and the relevant 
economic operator or operators and shall eval uate the national measure. On the basis 
of the results of that evaluation, the Comm ission shall decide whether the national 
measure is justified or not. 
The Commission shall addre ss its decision to all Me mber States and shall 
immediately communicate it to them a nd the relevant economic operator or 
operators. 
2. If the national measure is considered justified, all Member States shall take the 
measures necessary to ensure that the non-compliant explosive is withdrawn from 
their market, and shall inform the Commission accordingly. If the national measure 
is considered unjustified, the Member Stat e concerned shall wit hdraw the measure. 
3. Where the national measure is considered  justified and the non-compliance of the 
explosive is attributed to shortcomings in the harmonised standards referred to in EN 49   EN Article 18 of this Directive, the Commissi on shall apply the procedure provided for 
in Article 8 of (EU) No [../ ..] [Standardisation Regulation]. 
Article 43 [Article R33 of Decision No 768/2008/EC] 
Compliant explosives which present a risk to health and safety 
1. Where, having performed an evaluation under Article 41(1),  a Member State finds 
that although an explosive is in compliance w ith this Directive, it  presents a risk to 
the health or safety of persons or to othe r aspects of public inte rest protection, it shall 
require the relevant economic ope rator to take all appropriate measures to ensure that 
the explosive concerned, when placed on the market, no longer presents that risk, to 
withdraw the explosive from the market or to recall it within a reasonable period, 
commensurate with the nature of the risk, as it may prescribe. 
2. The economic operator shall ensu re that corrective action is taken in respect of all the 
explosives concerned that he has made av ailable on the market throughout the Union. 
3. The Member State shall immediately inform  the Commission and the other Member 
States. That information shall include all av ailable details, in particular the data 
necessary for the identification of the expl osive concerned, the origin and the supply 
chain of the explosive, the na ture of the risk involved and the nature and duration of 
the national measures taken. 
4. The Commission shall without delay enter in to consultation with the Member States 
and the relevant economic operator or op erators and shall ev aluate the national 
measures taken. On the basis of the result s of that evaluation, the Commission shall 
decide whether the measure is justif ied or not, and where necessary, propose 
appropriate measures. 
5. The Commission shall addre ss its decision to all Me mber States and shall 
immediately communicate it to them a nd the relevant economic operator or 
operators. 
 
Ð 93/15/EEC (adapted) 
Article 44  [Article R34 of Decision No 768/2008/EC] 
 ⌦ Formal non-compliance  ⌫ 
3. Where CE conformity marking is borne by an  explosive which does not comply with the 
requirements,  the competent Member State shall take ap propriate measures in respect of the 
person who affixed the markin g and shall inform the Commission and the other Member 
States.  EN 50   EN  
Ø new 
1. Without prejudice to Article 41, where a Me mber State makes one of the following 
findings, it shall require th e relevant economic operator to put an end to the non-
compliance concerned: 
(a) the conformity marking has been affi xed in violation of Article 30 of 
Regulation (EC) No 765/2008 or of Article 22 of this Directive; 
(b) the conformity marking has not been affixed; 
(c) the EU declaration of conformity has not been drawn up; 
(d) the EU declaration of conformity  has not been drawn up correctly; 
(e) technical documentation is either  not available or not complete. 
2. Where the non-compliance referred to in paragraph 1 persists, the Member State 
concerned shall take all appropriate measur es to restrict or prohibit the explosive 
being made available on the market or ensure  that it is recalled  or withdrawn from 
the market. 
CHAPTER  7 
DELEGATED POWERS AND COMMITTEE  
Article 45 
Delegated power  
The Commission shall be empowered to adopt de legated acts in accordance with Article 46 
concerning the identification of pyrotechnic articles referred to in Article 1(2)(b) and of 
certain ammunition referred to in Article 1(1)(b) on the basis of the United Nations 
recommendations on the transport of dangerous goods. 
Article 46 
Exercise of the delegation  
1. The power to adopt delegated acts is conferred on the Commission subject to the 
conditions laid down in this Article. 
2. The delegation of power referred to in  Article 45 shall be conferred for an 
indeterminate period of time from [insert a date - the date of entry into force of this 
Directive] . 
3. The delegation of powers referred to in Article 45 may be revoked at any time by the 
European Parliament or by the Council. A d ecision of revocation sh all put an end to 
the delegation of the power specified in th at decision. It shall take effect the day EN 51   EN following the publication of  the decision in the Official Journal of the European 
Union  or at a later date specified therein. It  shall not affect the validity of any 
delegated acts alr eady in force.  
4. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to 
the European Parliament and to the Council.  
5. A delegated act adopted pursuant to Articl e 45 shall enter in to force only if no 
objection has been expresse d either by the European Parliament or the Council 
within a period of 2 months of  notification of that act to the European Parliament and 
the Council or if, before the expiry of that  period, the European Parliament and the 
Council have both informed the Commission th at they will not object. That period 
shall be extended by 2 months at the initia tive of the European Parliament or the 
Council. 
 
Ð (EC) 219/2009 (adapted) 
Ö new 
Article 4713  
 ⌦ Committee procedure  ⌫ 
1. The Commission shall be assisted by ⌦ the ⌫ a Ccommittee ⌦ on Civil 
Explosives ⌫. Ö That committee shall be a committee within the meaning of 
Regulation (EU) No 182/2011.  
 
Ð (EC) 219/2009 
Ö new 
2. The committee shall examine any matter conc erning the application of this Directive.  
23. Where reference is made to this paragraph, Articles  Ö 5  4 and 7  of Ö Regulation 
(EU) No 182/2011  Decision 1999/468/EC  shall apply, havi ng regard to the 
provisions of Article  8 thereof . 
4. Where reference is made to this paragraph, Article  5a(1) to (4) and Article  7 of Decision 
1999/468/EC sha ll apply, having regard to the provisions of Article  8 thereof.  
5 The Commission shall, in accordance with the management procedure referred to in 
paragraph  3, adopt implementing measur es in particular to take  account of any future 
amendments  to the United  Nations recommendations.  EN 52   EN  
Ð 93/15/EEC (adapted) 
CHAPTER  V 8 
⌦ TRANSITIONAL AND  ⌫ FINAL PROVISIONS  
Article 4817  
 ⌦ Penalties  ⌫ 
Each  Member States  shall determine  ⌦ lay down rules on ⌫ the penalties ⌦ applicable ⌫ 
to be applied for infringement  ⌦ infringements ⌫ of the ⌦ national ⌫ provisions adopted 
⌦ pursuant to ⌫ in implementation of  this Directive ⌦ and shall take all measures 
necessary to ensure that they are enforced ⌫. The penalties shall be sufficient to promote 
compliance with those provisions.  
⌦ The penalties provided for shall be effective, proportionate and dissuasive. ⌫ 
 
Ø new 
Member States shall notify thos e provisions to the Commission by [insert the date specified 
in Article 50(1)]  at the latest and shall notify it without de lay of any subsequent amendment 
affecting them. 
 
Ð 93/15/EEC (adapted) 
Î1 Corrigendum, OJ L 79, 
7.4.1995, p. 34 
Ö new 
Article 4919  
 ⌦ Transitional provisions  ⌫ 
1. Member States shall Ö not impede the making available on the market of explosives 
covered by Directive 93/15/EC which are in conf ormity with that Directive and which were 
placed on the market before [Insert date - date referred to in the second subparagraph of 
Article 48(1)]   bring into force the provisions necessa ry to comply with Articles 9, 10, 11, 
12, 13 and 14 before 30 September 1993 . 
Ö Certificates of conformity issued under Di rective 93/15/EEC shall be valid under this 
Directive.  EN 53   EN Article 50  
 ⌦ Transposition  ⌫ 
12. Member States shall adopt and publish ⌦ , by [insert date – 2 years after adoption]  
at the latest, ⌫ before 30 June 1994  the laws, regulations  and administrative 
provisions necessary to comply with ⌦ Articles 2 (7), 2 (9)-(24), 3-10, 14 (1), 19 
(1) (a) (i), 20-26, 27 (1)-(4), 27 (6)-( 7), 27 (10)-(11), 28-44, 48, 49 and Annex II ⌫ 
the provisions other than those mention ed in paragraph 1 . They shall forthwith 
inform  ⌦ communicate to ⌫ the Commission thereof  ⌦ the text of those 
provisions and a correlation table between  those provisions and this Directive ⌫. 
They shall apply ⌦ those ⌫ these  provisions as  from ⌦ [day after the date 
mentioned in the first subparagraph]  ⌫ 1 January 1995 . 
3. When Member States adopt the provisi ons referred to in paragraphs 1 and 2  those 
provisions,  ⌦ they ⌫ shall contain a reference to this Directive or shall  be 
accompanied by such ⌦ a ⌫ reference on the occasion of  their official publication. 
⌦ They shall also include a statement that  references in existing laws, regulations 
and administrative provisions to the Direc tive repealed by this Directive shall be 
construed as references to this Directive. ⌫ The methods of making such a 
reference shall be deter mined by the  Member States ⌦ shall determine how such 
reference is to be made and how th at statement is to be formulated ⌫. 
4. However, during the period up to 31 Dece mber 2002, Member States shall allow the 
placing on the Î1 market   of explosives complying with th e national regulations in force in 
their territory before 31 December 1994.  
25. Member States shall communicate to the Commission the ⌦ text of the main ⌫ 
provisions of national law whic h they adopt in the field ⌦ covered ⌫ governed  by 
this Directive. 
 
Ð  
Article 51 
Repeal  
Directive 93/15/EEC as amended by the acts listed  in Annex III is repealed with effect from 
[day after the date se t out in the second subparagraph of Ar ticle 48(1) of this Directive] . 
References to Directive 93/15/EEC shall be constr ued as references to this Directive and shall 
be read in accordance with th e correlation tabl e in Annex IV. 
Article 52 
Entry into force  
This Directive shall enter into force on the tw entieth day following that  of its publication in 
the Official Journal of  the European Union . EN 54   EN Articles 1, 2 (1) – (6), 2 (8), 11, 12, 13, 14 (2), 15, 16, 17,  18, 19 (1) (a) (ii) – (iv), 19 (1) (b), 
27 (5), 27 (8), 27 (9), 45 -47 and Annexes I, III and IV shall apply from [day after the date set 
out in the second subparagraph of Article 48 (1)] . 
 
Ð 93/15/EEC 
Article 5320  
This Directive is addressed to the Member States. 
Done at [...]. 
For the European Parliament For the Council 
The President The PresidentEN 55   EN  
Ð 93/15/EEC  
ANNEX I  
ESSENTIAL  SAFETY  REQUIREMENTS 
I. GENERAL REQUIREMENTS  
 
Ð 93/15/EEC (adapted) 
Î1 Corrigendum, OJ L 79, 
7.4.1995, p. 34 
1. Each explosive must be designed, manufact ured and supplied in such a way as to 
present a minimal risk to the safety of hu man life and health, a nd to prevent damage 
to property and the environment under norma l, foreseeable conditions, in particular 
as regards the safety rules and Î1 standard practices until such time as  it is used.  
 
Ð 93/15/EEC 
2. Each explosive must attain the perfor mance characteristics specified by the 
manufacturer in order to ensure  maximum safety and reliability. 
3. Each explosive must be designed and manufactured in such a way that when 
appropriate techniques are employed it can  be disposed of in a manner which 
minimizes effects on the environment. 
II. SPECIAL REQUIREMENTS  
 
Ð 93/15/EEC (adapted) 
Î1 Corrigendum, OJ L 79, 
7.4.1995, p. 34 
1. As a minimum, the following information and properties,—  where appropriate ,—  
Î1 must be considered or tested:.  Each explosive should be  tested under realistic 
cond itions. If this is not possibl e in a laboratory, the tests should be carried out in the 
conditions in which the explosive is to be used.  EN 56   EN  
Ð 93/15/EEC  
Î1 Corrigendum, OJ L 79, 
7.4.1995, p. 34 
(a) Î1 dDesign and characteristic properties, including chemical composition, degree of 
homogeneity  and, where appropriate, dimensions  and grain size distribution;.  
(b) tT he physical and chemical stability of the explosive in all environmental conditions 
to which it may be exposed;.  
(c) sS ensitiveness to impact and friction;.  
(d) cC ompatibility of all components as regard s their physical and chemical stability;.  
(e) tT he chemical purity of the explosive;.  
(f) Resistance of the explosive against influen ce of water where it is intended to be used 
in humid or wet conditions and where its safety or reliability may be adversely 
affected by water;.  
(g) rR esistance to low and high temp eratures, where the explosive is intended to be kept 
or used at such temperatures and its safety  or reliability may be adversely affected by 
cooling or heating of a component or of the explosive as a whole;.  
 
Ð 93/15/EEC (adapted) 
Î1 Corrigendum, OJ L 79, 
7.4.1995, p. 34 
(h) tT he suitability of the explosive for use in h azardous environments Î1 (e.g. 
firedamp atmospheres, hot masses,  etc.)  if it is intended to be used under such 
conditions;.  
 
Ð 93/15/EEC 
Î1 Corrigendum, OJ L 79, 
7.4.1995, p. 34 
(i) sS afety features intended to prevent untimel y or inadvertent initiation or ignition;.  
(j) tT he correct loading and functioning of th e explosive when used for its intended 
purpose;.  
(k) sS uitable instructions and, where necessary, markings in respect of safe handling, 
storage, use and disposal in the official  language or language s of the recipient 
Member State;.  
(l) Î1 tThe ability of the explosive, its wrapping or  other components to withstand 
deterioration during storage until the «use by» date specified by the manufacturer;.  EN 57   EN (m) sS pecification of all devices and accessories needed for reliable and safe functioning 
of the explosive. 
 
Ð 93/15/EEC (adapted) 
2. ⌦ Each explosive shall be tested under rea listic conditions. If this is not possible in 
a laboratory, the tests shall be carried out in the conditions in which the explosive is 
to be used. ⌫  
32. The various ⌦ Requirements for the ⌫ groups of explosives must at leas t also 
comply with the following requirements:  
3.1A . Blasting explosives ⌦ shall also comply with the following requirements: ⌫ 
 
Ð 93/15/EEC 
Î1 Corrigendum, OJ L 79, 
7.4.1995, p. 34 
(a) tT he proposed method of initiation must ensure safe, reliable and complete 
detonation or deflagration as appropriate, of  the blasting explosive. In the particular 
case of black powder, it is the capacity as regards deflagration which shall be 
checked;.  
(b) bB lasting explosives in cartridge form must transmit the detonation safely and 
reliably from one end of the tr ain of cartridges to the other;.  
(c) Î1 tThe fumes produced by blasting explos ives intended for underground use may 
contain carbon monoxide, nitrous gases, other gases, vapours or airborne  solid 
residues only in quantities which do not impair health under normal operating 
conditions. 
 
Ð 93/15/EEC (adapted) 
Î1 Corrigendum, OJ L 79, 
7.4.1995, p. 34 
3.2B . Î1 Detonating cords, safety fuse s, other fuses and shock tubes  ⌦ shall also 
comply with the following requirements: ⌫ 
 
Ð 93/15/EEC 
Î1 Corrigendum, OJ L 79, 
7.4.1995, p. 34 
(a) tT he covering of detonating cords, safety fuses Î1 and other fuses must  be of 
adequate mechanical strength and adequa tely protect the explosive filling when 
exposed to normal mechanical stress;.  EN 58   EN (b) tT he parameters for the burning times of safe ty fuses must be indicated and must be 
reliably met;.  
(c) dD etonating cords must be capable of bei ng reliably initiated, be of sufficient 
initiation capability and co mply with requirements as regards storage even in 
particular climatic conditions. 
 
Ð 93/15/EEC (adapted) 
3.3C . Detonators (including dela y detonators) and relays ⌦ shall also comply with the 
following requirements: ⌫ 
 
Ð 93/15/EEC 
Î1 Corrigendum, OJ L 79, 
7.4.1995, p. 34 
(a) dD etonators must reliably initiate the detona tion of the blasting explosives which are 
intended to be used with them under all foreseeable conditions of use;.  
(b) Î1 dDelay connectors for detonating cords must be reliably initiated;.   
(c) tT he initiation capability must not be  adversely affected by humidity;.  
(d) tT he delay times of delay detonators must be  sufficiently uniform to ensure that the 
probability of overlapping of the delay times of adjacent time steps is insignificant;.  
 
Ð 93/15/EEC (adapted) 
(e) tT he electrical characteristic s of electric detonators must be indicated on the 
packaging (e.g. no-fire current, resistance, etc.);. 
 
Ð 93/15/EEC 
(f) tT he wires of electric detona tors must be of sufficient insulation and mechanical 
strength including the solidity of the link to  the detonator, taki ng account of their 
intended use. 
 
Ð 93/15/EEC (adapted) 
3.4D . Propellants and rocket propellants ⌦ shall also comply with the following 
requirements: ⌫ EN 59   EN  
Ð 93/15/EEC 
(a) tT hese materials must not detonate wh en used for their intended purpose;.  
(b) pP ropellants where necessary (e.g. those based on nitrocellu lose) must be stabilized 
against decomposition;.  
(c) sS olid rocket propellants, when in compre ssed or cast form, must not contain any 
unintentional fissures or gas bubbles whic h dangerously affect their functioning.EN 60   EN  
Ð 93/15/EEC (adapted) 
Ö new 
ANNEX II  
⌦ CONFORMITY  ASSESSMENT  PROCEDURES ⌫ 
1. MODULE  B:  
EC ⌦ EU ⌫ type – examination 
1. This module describes that part of the procedure by which a notified body ascertains and 
attests that an example, rep resentative of the production e nvisaged, meets the relevant 
provisions of the Directive.  
 
Ø new 
1. EU type examination is the part of a conf ormity assessment procedure in which a notified 
body examines the technical design of an explosiv e and verifies and atte sts that the technical 
design of the explosive meets the requirements of this Directive that apply to it. 
2. EU type examination shall be carried out as an examination of a specimen, representative 
of the production envisaged, of the co mplete product (production type). 
 
Ð 93/15/EEC (adapted) 
23. The ⌦ manufacturer shall lodge ⌫ application for EC type -examination is  lodged  by the 
manufacturer or his authorized repr esentative established within the Community  ⌦ an 
application for EU type examination ⌫ with a ⌦ single ⌫ notified body of his choice. 
The application must  ⌦ shall ⌫ include: 
(a) the name and address of the manufacturer and, if the application is lodged by the 
authorisz ed representative, ⌦ his ⌫ the name and address ⌦ as well ⌫;in 
addition,  
 
Ð 93/15/EEC 
(b) a written declaration that the same app lication has not been lodged with any other 
notified body;,  EN 61   EN  
Ð 93/15/EEC (adapted) 
Ö new 
(c) the technical ⌦ documentation ⌫ documents, as described in Section 3 .The 
applicant must place at the disposal of the notified body an example representative of 
the production envisaged, he reinafter called «type». Th e notified body may request 
further examples if needed for carrying out the test programme. 3. The technical 
⌦ documentation ⌫ documents must enable  ⌦ shall make it possible to assess ⌫ 
the ⌦ explosive's ⌫ conformity of the appliance  with the ⌦ applicable ⌫ 
requirements of the  ⌦ this ⌫ Directive ⌦ and shall include an adequate analysis 
and assessment of the risk(s) ⌫ to be assessed. They must  Ö The technical 
documentation shall specify the applicable requirements and cover , as far as is  
relevant for ⌦ the ⌫ such  assessment, cover  the design, manuf acture and operation 
of the ⌦ explosive. ⌫ appliance and  ⌦ The technical documentation shall ⌫ 
contain ⌦ wherever applicable, at least the following elements ⌫ a s  f a r  a s  i s  
relevant for assessment : 
(i) a general type -description ⌦ of the explosive ⌫;, 
(ii) conceptual design and manufacturing drawings and ⌦ schemes ⌫ diagrams  
of ⌦ e.g. ⌫ components, sub-assemblies, circuits;,  etc., 
(iii) descriptions and explanations ne cessary for the understanding of t he 
⌦ those ⌫ drawings and ⌦ schemes ⌫ diagrams  and the operation of the 
⌦ explosive ⌫;product,  
(iv) a list of the ⌦ harmonised ⌫ standards ⌦ and/or other re levant technical 
specifications the references of which have been published in the Official 
Journal of the European Union  ⌫ referred to in Article 4 , applied in full or in 
part, and descriptions of the soluti ons adopted to meet the essential 
requirements of the  ⌦ this ⌫ Directive where t he ⌦ those harmonised ⌫ 
standards referred to in Article 5  have not been applied.,  Ö In the event of 
partly applied harmonised standards, th e technical documentation shall specify 
the parts which have been applied.  
 
Ð 93/15/EEC 
(v) results of design calculations ma de, examinations carried out, etc.;,  
(vi) test reports;.  
 
Ø new 
(d) the specimens representative of the production envisaged. The notified body may 
request further specimens if needed for carrying out the test programme;  EN 62   EN (e) the supporting evidence for the adequacy  of the technical design solution. This 
supporting evidence shall mention any documents  that have been used, in particular 
where the relevant harmonised standards a nd/or technical specifications have not 
been applied in full. The supporting eviden ce shall include, where necessary, the 
results of tests carried out by the appropriate laboratory of the manufacturer, or by 
another testing laboratory on his be half and under his responsibility. 
 
Ð 93/15/EEC (adapted) 
Ö new 
4. The notified body ⌦ shall ⌫ must : 
⌦ For the explosive: ⌫ 
4.1. examine the technical ⌦ documentation ⌫ Ö and supporting evidence to assess 
the adequacy of the technical design of the explosive. documents,  
⌦ For the specimen(s): ⌫ 
4.2. verify that the ⌦ specimen(s) have ⌫ type  has been manufactured in conformity 
with ⌦ the technical documentation ⌫ those documents  and identify the elements 
which have been designed in accordance with the ⌦ applicable provisions of the ⌫ 
relevant provisions of the  ⌦ harmonised ⌫ standards ⌦ and/or technical 
specifications, as well as the elements ⌫ referred to in Article 4 as well as the 
components  which have been designed without applying the relevant provisions of 
those standards; 
4.3.4.2.  perform or have performed the  ⌦ carry out ⌫ appropriate examinations and 
necessary  tests⌦ , or have them carried out, ⌫ to check whether, where the 
⌦ manufacturer has chosen to apply ⌫ standards referred to in Article 4 have not 
been applied,  the solutions ⌦ in the relevant harmonised standards and/or technical 
specifications, these have been applied correctly ⌫ adopted by the manufacturer 
meet the essential requirements of the Directive ; 
4.4.4.3.  perform or have performed the  ⌦ carry out ⌫ appropriate examinations and 
necessary  tests ⌦ , or have them carried out, ⌫ to check whether, where the 
⌦ solutions in ⌫ manufacturer has chosen to apply  the relevant ⌦ harmonised ⌫ 
standards, these  ⌦ and/or technical specifications ⌫ have ⌦ not ⌫ actually  been 
applied Ö , the solutions adopted by the ma nufacturer meet the corresponding 
essential safety requirements of this Directive ; 
4.5.4.4.  agree with the applicant  ⌦ manufacturer on a ⌫ the  location where the 
examinations and necessary  tests ⌦ will ⌫ are to  be carried out. 
 
Ø new 
5. The notified body shall draw up an evalua tion report that reco rds the activities 
undertaken in accordance with point 4 and their outcomes. Without prejudice to its EN 63   EN obligations vis-à vis the notifying authorities, the not ified body shall release the 
content of that report, in fu ll or in part, only with the agreement of the manufacturer.  
 
Ð 93/15/EEC (adapted) 
Î1 Corrigendum, OJ L 79, 
7.4.1995, p. 34 
Ö new 
65. Where the type meets the ⌦ requirements ⌫ relevant provisions  of this Directive, 
the notified body ⌦ shall ⌫ issues  an EC  ⌦ EU ⌫ type - examination certificate 
to the ⌦ manufacturer ⌫ applicant . The certificate ⌦ shall contain ⌫ contains  
the name and Î1 address  of the manufacturer, the conclusions  of the 
examination,  ⌦ the conditions (if any) for its validity ⌫ and ⌦ the ⌫ necessary 
data for identification of the approved type. Ö The certificate may have one or more 
annexes attached.  
 
Ø new 
The certificate and its annexes shall contai n all relevant information to allow the 
conformity of manufactured pr oducts with the examined type  to be evaluated and to 
allow for in-service control. 
Where the type does not satisfy  the applicable requirement s of this Directive, the 
notified body shall refuse to issue an EU  type examination certificate and shall 
inform the applicant accordingly, givi ng detailed reasons for its refusal. 
 
Ð 93/15/EEC 
A list of the relevant parts of the technical documents is anne xed to the certificate and a copy 
kept by the notified body.  
If the manufacturer or his authorized representa tive established in the Community is refused a 
type certificate, the notified body must pr ovide detailed reasons for such refusal.  
Provision must b e made for an appeals procedure.  
 
Ø new 
7. The notified body shall keep itself appraised of any changes in the generally 
acknowledged state of the art which indica te that the approved type may no longer 
comply with the applicable requirements of this Directive, and shall determine 
whether such changes require further i nvestigation. If so, the notified body shall 
inform the manufacturer accordingly. EN 64   EN  
Ð 93/15/EEC (adapted) 
Î1 Corrigendum, OJ L 79, 
7.4.1995, p. 34 
6.The ⌦ manufacturer shall inform ⌫ applicant  informs  the notified body that 
holds the technical documents  ⌦ documentation relating to ⌫ concerning  the EC  
⌦ EU ⌫ type - examination certificate of all Î1 modifications  to the approved 
⌦ type ⌫ appliance  which must receive additional approval where such changes  
⌦ that ⌫ may affect the conformity ⌦ of the explosive ⌫ with the essential 
⌦ safety ⌫ requirements ⌦ of this Directive ⌫ or the prescribed  conditions for 
⌦ validity of the certificate ⌫ use of the product . This  ⌦ Such modifications shall 
require ⌫ additional approval is given  in the form of an addition to the original EC  
⌦ EU ⌫ type - examination certificate. 
 
Ø new 
8. Each notified body shall info rm its notifying authoritie s concerning the EU type 
examination certificates and/or any add itions thereto which it has issued or 
withdrawn, and shall, periodi cally or upon request, make available to its notifying 
authorities the list of certificates and/or any additions thereto refused, suspended or 
otherwise restricted.  
 
Ð 93/15/EEC (adapted) 
Ö new 
7. Each notified body ⌦ shall inform ⌫ must communicate to  the other notified 
bodies the relevant information  concerning the ⌦ EU ⌫ EC type - examination 
certificates and ⌦ /or any ⌫ additions Ö thereto which it has refused,  issued 
and withdrawn Ö , suspended or otherwise restri cted, and, upon request, concerning 
the certificates and/ or additions thereto which it has issued . 
8. The Ö Commission, the Member States and the  other notified bodies may ⌦ , 
on request, obtain a copy ⌫ receive  copies  of the EC  ⌦ EU ⌫ type - examination 
certificates and/or their  additions ⌦ thereto ⌫. The Annexes to the certific ates 
must be kept at the disposal of the other notified bodies.  Ö On request, the 
Commission and the Member States may obtain a copy of the technical 
documentation and the results of the exam inations carried ou t by the notified body. 
The notified body shall keep a copy of the EU type examination certificate, its 
annexes and additions, as well as the technical file including the documentation 
submitted by the manufacturer, until the expiry of the validity of the certificate.  
9. The manufacturer or his authorized repres entative established within the Community 
must  ⌦ shall ⌫ keep with the technical documents  ⌦ a copy ⌫ copies  of EC  
⌦ EU ⌫ type - examination certificates  and their  ⌦ its annexes and ⌫ additions 
⌦ together with the technical documentation at the disposal of the national 
authorities ⌫ for a period of at least  10 years after the Ö explosive has been placed 
on the market  last date of manufacture  of the product concerned . EN 65   EN  
Ø new 
10. The manufacturer's authorised representativ e may lodge the application referred to in 
point 3 and fulfil the obligations set out in points 7 and 9, provided that they are 
specified in the mandate.  
 
Ð 93/15/EEC 
Ö new 
Where neither the manufacturer nor his authori zed representative is established within the 
Community, the obligation to kee p the technical documents availa ble is the responsibility of 
the person who places the product on the Community market.  
2. MODULE  C 2:  
Conformity to type  Ö based on internal production co ntrol plus supervised product 
checks at random intervals   
 
Ð 93/15/EEC (adapted) 
Ö new 
1. This module describes that part of the  Ö Conformity to type based on internal 
production control plus supervised product chec ks at random intervals is the part of a 
conformity assessment  procedure whereby the manuf acturer or his authorized 
representative established within the Community  Ö fulfils the obligations laid down 
in points 2, 3 and 4, and  ensures and declares ⌦ on his sole responsibility ⌫ that 
the explosives concerned are in conformity with the type as described in the EC  
⌦ EU ⌫ type - examination certificate and satisfy the requirements of this 
Directive that apply to them. The manufact urer must affix the CE mark to each 
explosive and draw up a written  declaration of conformity.  
2. ⌦ Manufacturing ⌫ 
The manufacturer ⌦ shall ⌫ must  take all measures necessary ⌦ so ⌫ to ensure  
that the manufacturing process ⌦ and its monitoring ⌫ ⌦ ensure ⌫ assures the  
conformity of the manufactured products  with the type as  described in the EC  
⌦ EU ⌫ type - examination certificate ⌦ and ⌫ with the essential safety  
requirements of the  ⌦ this ⌫ Directive ⌦ that apply to them ⌫. 
 
Ø new 
3. Product checks 
A notified body, chosen by the manufacturer, shall carry out produc t checks or have 
them carried out at random intervals dete rmined by the body, in order to verify the EN 66   EN quality of the internal checks on the explosive, taking into account, inter alia , the 
technological complexity of the explos ives and the quantity of production. An 
adequate sample of the final products, ta ken on site by the notified body before the 
placing on the market, shall be examined a nd appropriate tests as identified by the 
relevant parts of the harmonised standard s and/or technical specifications, or 
equivalent tests, shall be carried out to ch eck the conformity of the explosive with the 
type described in the EU type examin ation certificate and with the relevant 
requirements of this Directive. Where a sa mple does not conform to the acceptable 
quality level, the body shall take appropriate measures. 
The acceptance sampling procedure to be applied is intended to determine whether 
the manufacturing process of the explosive performs within acceptable limits, with a 
view to ensuring conformity of the explosive. 
Where the tests are carried out by notifie d body, the manufacturer shall, under the 
responsibility of the notified body, affix the notified body's identification number 
during the manufacturing process. 
4. Conformity marking and declaration of conformity 
4.1. The manufacturer shall affix the require d conformity marking set out in this 
Directive to each individual product that is in  conformity with the type described in 
the EU type examination certificate and satisfies the applicable requirements of this 
Directive. 
 
Ð 93/15/EEC (adapted) 
Ö new 
4.2.3.  The manufacturer or his authorized representative  must  Ö shall draw up a written 
declaration of conformity for the explosive and  keep a copy of the declaration of 
conformity  Ö it at the disposal of the national authorities  for a period of at least  
10 years after the Ö explosive has been placed on the market. The declaration of 
conformity shall identify the explosive for which it has been drawn up  last date of 
manufacture of the product concerned . 
 
Ø new 
5. Authorised representative 
The manufacturer's obligations set out in point 4 may be fulfilled by his authorised 
representative, on his behalf  and under his responsibility,  provided that they are 
specified in the mandate. EN 67   EN  
Ð 93/15/EEC (new) 
Î1 Corrigendum, OJ L 79, 
7.4.1995, p. 34 
Where neither the manufacturer nor his is estab lished within the Community, the obligation to 
keep the technical documents available is the responsibilit y of the person who places the 
product on the Community market.  
4. A notifie d body chosen by the manufacturer must perf orm or have performed examinations 
of the product at random intervals. A suitable sample of the finished products, taken on the 
spot by the notified body, is examined Î1 and appropriate tests,   defined in the applicable 
standard or standards referred to  in Article 4 or equivalent tests are carried out to check the 
conformity of the product with the requirement s of the corresponding Directive. In the event 
of one or more samples of the p roducts examined not conformi ng, the notified body must take 
the appropriate measures.  
Under the responsibility of the notified body th e manufacturer shall a ffix the identification 
symbol of that body during the manufacturing process.  
3. MODULE  D:  
 
Ð 93/15/EEC (adapted) 
Ö new 
⌦ Conformity to type based on  ⌫ Production  quality assurance  ⌦ of the production 
process  ⌫ 
1. This module describes the  Ö Conformity to type based on quality assurance of the 
production process is the part of a conformity assessment  procedure whereby the 
manufacturer ⌦ fulfils ⌫ who satisfies  the obligations ⌦ laid down in points 2 
and 5, and ⌫ of Section 2  ensures and declares ⌦ on his sole responsibility ⌫ that 
the explosives concerned are in conformity with the type as  described in the EC  
⌦ EU ⌫ type - examination certificate and satisfy the requirements of this 
Directive ⌦ that apply to them ⌫. The manufacturer affixes the CE mark to each 
explosive and draws up a written declarat ion of conformity. The CE mark is 
accompanied by the iden tification symbol of the no tified body responsible for the 
checks referred to in Section 4.  
2. ⌦ Manufacturing ⌫ 
The manufacturer must  ⌦ shall ⌫ operate an approved quality system for 
production, final product inspection and testing ⌦ of the explosives concerned ⌫ 
as specified in point  Section  3, ⌦ and shall be ⌫ . He is  subject to ⌦ surveillance 
as specified in ⌫ the c hecks referred to in  point  Section  4. 
3. Quality system EN 68   EN 3.1. The manufacturer ⌦ shall lodge ⌫ lodges  an application for assessment of his 
quality system with ⌦ the ⌫ a notified body of his choi ce, for the explosives 
concerned. 
The application must  ⌦ shall ⌫ include: 
 
Ø new 
(a) the name and address of the manufacture r and, if the application is lodged by 
the authorised representative, hi s name and address as well;  
(b) a written declaration that the same a pplication has not been lodged with any 
other notified body;  
 
Ð 93/15/EEC (adapted) 
(c) all relevant information for the explosive ⌦ product ⌫ category envisaged;,  
(d) the docum ents ⌦ documentation ⌫ concerning the quality system;,  
(e) the technical documents  ⌦ documentation of ⌫ pertaining to  the approved 
type and a copy of the EC  ⌦ EU ⌫ type-examination certificate. 
3.2. The quality system must  ⌦ shall ⌫ ensure ⌦ that the ⌫ conformity of  
explosives ⌦ are in conformity ⌫ with the type as  described in the EC  ⌦ EU ⌫ 
type - examination certificate and ⌦ comply ⌫ with the requirements of this 
Directive that apply to them. 
All the elements, requirements and provi sions adopted by the manufacturer must  
⌦ shall ⌫ be documented in a systematic a nd orderly manner in the form of 
written policies, procedures and instructions. The quality system documents  must  
⌦ documentation shall ⌫ permit a consistent interpretation of the quality 
programmes, plans, manuals and quality  records. 
It must  ⌦ shall, in particular, ⌫ contain in particular  an adequate description of: 
(a) the quality objectiv es and the organisz ational structure, responsibilities and 
powers of the management with regard to the  ⌦ product ⌫ quality of the 
explosives;,  
(b) the ⌦ corresponding ⌫ manufacturing, quality control and quality assurance 
techniques, processes and systematic actions that will be used;,  
 
Ð 93/15/EEC 
(c) the examinations and tests that will be carried out before, during and after 
manufacture, and the frequency with which they will be carried out;,  EN 69   EN  
Ð 93/15/EEC (adapted) 
Î1 Corrigendum, OJ L 79, 
7.4.1995, p. 34 
Ö new 
(d) the quality records, such as inspection reports and test data, calibration data, 
qualification reports ⌦ on ⌫ of the personnel concerned;, etc., 
(e) the means of monitoring the achievement of the required ⌦ product ⌫ 
quality of explosive  and the effective operation of the quality system. 
3.3. The notified body must  ⌦ shall ⌫ assess the quality system to determine whether 
it satisfies the requirements referred to in ⌦ point ⌫ 3.2.  
It must  ⌦ shall ⌫ presume conformity with those requirements in respect of 
⌦ the elements of the ⌫ quality systems  that Ö comply with the corresponding 
specifications of the national standard that  implements  the relevant harmonisz ed 
standard ⌦ and/or technical specifications ⌫. 
Ö In addition to experience in quality management systems,  tThe auditing team 
must  ⌦ shall ⌫ have at least one member with experience of assessing  
⌦ evaluation in ⌫ the relevant product ⌦ field and product ⌫ technology 
⌦ concerned, ⌫ Ö and knowledge of the appli cable requirements of this 
Directive . The assessment procedure  ⌦ audit shall include ⌫ includes  an 
inspection  ⌦ assessment ⌫ visit to the manufacturer's premises. Ö The auditing 
team shall review the technical documentati on referred to in point 3.1, fifth indent, to 
verify the manufacturer's ability to iden tify the relevant requirements of this 
Directive and to carry out the necessary examinations with a view to ensuring 
compliance of the explosive with those requirements.  
The decision is  ⌦ shall be ⌫ notified to the manufact urer. The notification must  
⌦ shall ⌫ contain the Î1 conclusions  of the examination  ⌦ audit ⌫ and the 
⌦ reasoned ⌫ duly substantiated  assessment decision. 
3.4. The manufacturer must  ⌦ shall ⌫ undertake to fulfil the ob ligations arising out of 
the quality system as approved and ⌦ to ⌫ maintain it ⌦ so that it remains ⌫ at 
an adequate and efficient level . 
3.5. The manufacturer or his authorized representative must  ⌦ shall ⌫ keep the 
notified body that has approved the quality system informed of any ⌦ intended ⌫ 
proposed  change ⌦ to ⌫ in the quality system. 
The notified body must  ⌦ shall evaluate ⌫ assess  the ⌦ any proposed ⌫ 
changes proposed  Î1 and  decide whether the ⌦ modified ⌫ altered  quality 
system will ⌦ continue to ⌫ still  satisfy the requirements referred to in 
⌦ point ⌫ 3.2 or whether a  reassessment is ⌦ necessary ⌫ required . 
It must  ⌦ shall ⌫ notify the manufacturer of its decision. The notification 
⌦ shall ⌫ must  contain the conclusions of the examination and the 
⌦ reasoned ⌫ substantiated  assessment decision. EN 70   EN 4. ⌦ Surveillance ⌫ Monitoring  under the responsibility  of the notified body 
4.1. The purpose of ⌦ surveillance ⌫ monitoring  is to make sure th at the manufacturer 
duly fulfils the obligations arising out of the approved quality system. 
4.2. The manufacturer must  ⌦ shall, for assessment purposes, ⌫ allow the notified 
body access for inspection purposes  to the ⌦ manufacture ⌫ manufactu ring, 
inspection, testing and storage ⌦ sites ⌫ premises  and ⌦ shall ⌫ provide it with 
all necessary information, in particular: 
(a) the quality system documents  ⌦ documentation ⌫ ;, 
(b) the quality records, such as inspection reports and test data, calibration data, 
qualification reports ⌦ on ⌫ of the personnel concerned;, etc. 
4.3. The notified body must  ⌦ shall ⌫ periodically  carry out ⌦ periodic ⌫ audits to 
make sure that the manufacturer mainta ins and applies the quality system and 
provides  an audit report  to the manufacturer ⌦ with an audit report ⌫ 
4.4 ⌦ In addition, ⌫ Additionally  the notified body may pay ⌦ unexpected ⌫ 
unannounced  visits to the manufacturer. Duri ng such visits the notified body may 
⌦ , if necessary, ⌫ carry out ⌦ product ⌫ tests,  or have them carried out, ⌦ in 
order ⌫ to verify that the quality system is functioning correctly.;  if necessary,  Tthe 
notified body must  ⌦ shall ⌫ provide the manufacturer with  a visit report and, if a  
test has ⌦ tests have been carried out ⌫ taken place , with a test report. 
 
Ø new 
5. Conformity marking and declaration of conformity 
5.1. The manufacturer shall affix the require d conformity marking set out in this 
Directive, and, under the respon sibility of the notified body referred to in point 3.1, 
the latter's identificatio n number to each individual product that is in conformity with 
the type described in the EU type examina tion certificate and satisfies the applicable 
requirements of this Directive. 
5.2. The manufacturer shall draw up a written declaration of conformity for each product 
model and keep it at the di sposal of the national authorities for 10 years after the 
explosive has been placed on the market. The declaration of confor mity shall identify 
the explosive for which it has been drawn up. 
A copy of the declaration of conformity sh all be made available to the relevant 
authorities upon request. EN 71   EN  
Ð 93/15/EEC (adapted) 
Î1 Corrigendum, OJ L 79, 
7.4.1995, p. 34 
Ö new 
65. The manufacturer must  ⌦ shall ⌫ , for a period of at least 10 years after the 
Ö explosive has been placed on the market  last date of manufacture of the 
product , keep at the disposal of the national authorities: 
(a) the document  ⌦ documentation ⌫ referred to in the second indent of  point  
3.1;, 
(b) the ⌦ change ⌫ updating  referred to in point 3.5, ⌦ as approved ⌫ second 
paragraph of 3.4 ;, 
(c) the decisions and reports Î1 from   ⌦ of ⌫ the notified body which are  
referred to in the final paragraph of 3.4,  points 3.5,  and in  4.3 and 4.4. 
 
Ø new 
7. Each notified body shall inform its notifying authorities of quality system approvals 
issued or withdrawn, and shall, periodical ly or upon request, make available to its 
notifying authorities the list of quality system approvals refused, suspended or 
otherwise restricted.  
 
Ð 93/15/EEC (adapted) 
Ö new 
6. Each notified body must give  ⌦ shall inform ⌫ the other notified bodies the 
relevant information concerning the  ⌦ of ⌫ quality system approvals ⌦ which it 
has ⌫ issued and  Ö refused, suspended,  withdrawn Ö or otherwise restricted, 
and, upon request, of quality system approvals which it has issued  . 
 
Ø new 
8. Authorised representative  
The manufacturer's obligations set out in  points 3.1, 3.5, 5 and 6 may be fulfilled by 
his authorised representative, on his behalf  and under his responsibility, provided that 
they are specified in the mandate.  EN 72   EN  
Ð 93/15/EEC (adapted) 
Ö new 
4. MODULE  E:  
⌦ Conformity to type based on  ⌫ pProduct quality assurance 
1. This module describes the  Ö Conformity to type based on product quality assurance 
is that part of a conformity assessment  procedure whereby the manufacturer 
⌦ fulfils ⌫ who satisfies  the obligations ⌦ laid down in points 2 and 5, and ⌫ of 
Section 2  ensures and declares ⌦ on his sole responsibility ⌫ that the explosives 
⌦ concerned ⌫ are in conformity with the type as  described in the EC  ⌦ EU ⌫ 
type - examination certificate Ö and satisfy the requirements of this Directive that 
apply to them.  The manufacturer must affix th e CE mark to each explosive and 
draw up a written declaration of conformit y. The CE mark must be accompanied by 
the identification symbol of the notified body responsible for the checks r eferred to 
in Section 4.  
2. ⌦ Manufacturing ⌫ 
The manufacturer must  ⌦ shall ⌫ operate an approved quality system for final 
explosive  ⌦ product ⌫ inspection and testing ⌦ of the explosives concerned ⌫ 
as specified in point  Section  3. He must  ⌦ and shall ⌫ be subject to 
⌦ surveillance ⌫ the checks  ⌦ as specified ⌫ referred to  in point  Section  4. 
3. Quality system 3.1. The manufacturer ⌦ shall lodge ⌫ lodges
 an application ⌦ for assessment of his 
quality system ⌫ with a  ⌦ the ⌫ notified body of his choice,  for the assessment 
of the quality system  for ⌦ the ⌫ his explosives ⌦ concerned ⌫. 
The application must  ⌦ shall ⌫ include: 
 
Ø new 
(a) the name and address of the manufacture r and, if the application is lodged by 
the authorised representative, hi s name and address as well;  
(b) a written declaration that the same a pplication has not been lodged with any 
other notified body;  
 
Ð 93/15/EEC (adapted) 
Ö new 
(c) all relevant information for the explosive  ⌦ product ⌫ category envisaged;,  
(d) the quality system's  documentation ⌦ concerning the quality system ⌫;, EN 73   EN (e) the technical ⌦ documentation ⌫ doc uments  ⌦ of ⌫ pertaining to  the 
approved type and a copy of the EC  ⌦ EU ⌫ type - examination certificate. 
3.2. Under  Tthe quality system, each exp losive is examined and appropriate tests as 
defined in the relevant standard(s) referred to in Article 4 or equivalent tests are 
carried out in order to verify its conformity  Ö shall ensure compliance of the 
explosives with the type described in the EU type examination certificate and  with 
the ⌦ applicable ⌫ relevant  requirements of the  ⌦ this ⌫ Directive.  
All the elements, requirements and provi sions adopted by the manufacturer must  
⌦ shall ⌫ be documented in a systematic a nd orderly manner in the form of 
written policies, procedures and instruc tions. This quality system documentation 
must  ⌦ shall permit ⌫ enable  ⌦ a consistent interpretation of ⌫ the quality 
programmes, plans, manuals and records to be interpreted in a uniform manner . 
It must  ⌦ shall, ⌫ in particular,  contain an adequate description of: 
 
Ð 93/15/EEC 
Î1 Corrigendum, OJ L 79, 
7.4.1995, p. 34 
(a) the quality objectives and the organisz ational structure, Î1 responsibilities  
and powers of the management w ith regard to product quality;,  
(b) the examinations  and tests that will be car ried out after manufacture;,  
 
Ð 93/15/EEC (adapted) 
(c) quality records, such as inspection reports and test data, calibration data, 
qualification reports of the personnel concerned, ; etc. 
 
Ð 93/15/EEC 
(d) the means of monitoring the effec tive operation of the quality system.,  
 
Ð 93/15/EEC (adapted) 
Ö new 
3.3. The notified body must  ⌦ shall ⌫ assess the quality system to determine whether 
it satisfies the requirements referred to in 3.2.  
It must  ⌦ shall ⌫ presume conformity with the se ⌦ those ⌫ requirements in 
respect of ⌦ the elements of the ⌫ quality systems  that Ö comply with the 
corresponding specifications of the national standard that  implement  EN 74   EN ⌦ implements ⌫ the relevant harmonisz ed standard ⌦ and/or technical 
specification ⌫. 
Ö In addition to experience in quality management systems,  tThe auditing team 
must  ⌦ shall ⌫ have at least one memb er with experience of ⌦ evaluation ⌫ 
assessing  ⌦ in ⌫ the relevant product ⌦ field and product ⌫ technology 
⌦ concerned ⌫, Ö and knowledge of the appli cable requirements of this 
Directive . The ⌦ audit ⌫ assessment procedure must  ⌦ shall ⌫ include an 
⌦ assessment ⌫ inspection  visit to the manufacturer's premises. Ö The auditing 
team shall review the technical documentati on referred to in point (e) of point 3.1, in 
order to verify the manufacturer's ability to identify the relevant requirements of this 
Directive and to carry out the necessary examinations with a view to ensuring 
compliance of the explosive with those requirements.  
⌦ The decision shall ⌫ The manufacturer must  be notified ⌦ to the 
manufacturer ⌫ of the decision . The notification must  ⌦ shall ⌫ contain the 
conclusions of the ⌦ audit ⌫ examination  and the ⌦ reasoned ⌫ substantiated  
assessment decision. 
3.4. The manufacturer must  ⌦ shall ⌫ undertake to fulfil the ob ligations arising out of 
the quality system as approved and ⌦ to ⌫ maintain it ⌦ so that it remains ⌫ at 
an adequate and efficient level . 
3.5. The manufacturer or his authorized represen tative must  ⌦ shall ⌫ keep the 
notified body ⌦ that ⌫ which  has approved the quality system informed of any 
⌦ intended ⌫ proposed  change ⌦ to ⌫ in the quality system. 
The notified body must  ⌦ shall evaluate ⌫ assess  ⌦ any proposed ⌫ the 
changes proposed  and decide whether the ⌦ modified ⌫ altered  quality system 
will ⌦ continue to ⌫ still  satisfy the requirements referred to in point  3.2 or 
whether a reassessment is ⌦ necessary ⌫ required . 
It must  ⌦ shall ⌫ notify the manufacturer of its decision. The notification 
⌦ shall ⌫ must  contain the conclusions of the examination and the 
⌦ reasoned ⌫ substantiated  assessment decision. 
4. ⌦ Surveillance under the respons ibility of the notified body ⌫ 
4.1. The purpose of ⌦ surveillance ⌫ monitoring  is to make sure th at the manufacturer 
duly fulfils the obligations arising out of the approved quality system. 
4.2. The manufacturer must  ⌦ shall, for assessment purposes, ⌫ allow the notified 
body access for inspection purposes  to the Ö manufacture,  inspection, testing and 
storage ⌦ sites ⌫ premises  and ⌦ shall ⌫ provide it with all necessary 
information, in particular: 
 
Ð 93/15/EEC 
(a) the quality system documentation;,  EN 75   EN – the technical documents,  
 
Ð 93/15/EEC (adapted) 
Î1 Corrigendum, OJ L 79, 
7.4.1995, p. 34 
(b) the quality records, such as inspection reports and test data, calibration data, 
qualification reports ⌦ on ⌫ of the personnel concerned, etc. 
4.3. The notified body must  ⌦ shall ⌫ periodically  carry out ⌦ periodic ⌫ audits to 
⌦ make sure ⌫ ensure  that the manufacturer maintains and applies the quality 
system and must  ⌦ shall ⌫ provide ⌦ the manufacturer with ⌫ an audit report 
to the manufacturer . 
4.4. ⌦ In addition ⌫ Additionally , the notified body may pay ⌦ unexpected ⌫ 
unannounced  visits to the manufacturer. Duri ng such visits the notified body may 
⌦ , if necessary, ⌫ carry out ⌦ product ⌫ tests,  or have them carried out, ⌦ in 
order ⌫ to verify that the quality system is functioning correctly.;  if necessary,  Tthe 
notified body must  ⌦ shall ⌫ provide the manufacturer with  a visit report and, if a 
test has  ⌦ tests have ⌫ been carried out, Î1 with a test report. . 
 
Ø new 
5. Conformity marking and declaration of conformity 
5.1. The manufacturer shall affix the require d conformity marking set out in this 
Directive, and, under the respon sibility of the notified body referred to in point 3.1, 
the latter's identificatio n number to each individual product that is in conformity with 
the type described in the EU type examina tion certificate and satisfies the applicable 
requirements of this Directive. 
5.2. The manufacturer shall draw  up a written declaration of conformity for each product 
model and keep it at the di sposal of the national authorities for 10 years after the 
explosive has been placed on the market. The declaration of confor mity shall identify 
the explosive for which it has been drawn up. 
A copy of the declaration of conformity sh all be made available to the relevant 
authorities upon request. 
 
Ð 93/15/EEC (adapted) 
Î1 Corrigendum, OJ L 79, 
7.4.1995, p. 34 
Ö new 
65. The manufacturer must  ⌦ shall, ⌫ for a period of  Ö ending  at least 10 years 
after the Ö the explosive has been placed on the market,  last date of manufacture 
of the product  keep at the disposal of the national authorities: EN 76   EN (a) the documents  ⌦ documentation ⌫ referred to in th e second indent of  point  
3.1;, 
(b) the changes  referred to in the second paragraph of  point  3.53.4 , ⌦ as 
approved; ⌫ 
(c) the decisions and reports ⌦ of ⌫ Î1 from   the notified body which are  
referred to in the final paragraph of  points  3.53.4 , and in  4.3 and 4.4. 
 
Ø new 
7. Each notified body shall inform its notifying authorities of quality system approvals 
issued or withdrawn, and shall, periodical ly or upon request, make available to its 
notifying authorities the list of quality system approvals refused, suspended or 
otherwise restricted. 
 
Ð 93/15/EEC (adapted) 
Ö new 
6. Each notified body must  ⌦ shall inform ⌫ forward to  the other notified bodies 
⌦ of ⌫ the relevant information concerning the  quality system approvals 
⌦ which it has ⌫ issued and  Ö refused, suspended or  withdrawn Ö , and, upon 
request, of quality system approvals which it has issued . 
 
Ø new 
8. Authorised representative 
The manufacturer's obligations set out in  points 3.1, 3.5, 5 and 6 may be fulfilled by 
his authorised representative, on his behalf  and under his responsibility, provided that 
they are specified in the mandate. 
 
Ð 93/15/EEC (adapted) 
Ö new 
5. MODULE  F:  
⌦ Conformity to type based on  ⌫ pProduct verification  
1. This module describes the  Ö Conformity to type based on product verification is the 
part of a conformity assessment  procedure whereby ⌦ the ⌫ a manufacturer or 
his authorized representative established within the Community checks and attests  
Ö fulfils the obligations laid down in point s 2, 5.1 and 6, and ensures and declares on 
his sole responsibility  that the explosives ⌦ concerned, which have been ⌫ EN 77   EN subject to the pr ovisions of point  3, are in conformity with the type as  described in 
the EC  ⌦ EU ⌫ type - examination certificate and satisfy the relevant  requirements 
of the  ⌦ this ⌫ Directive ⌦ that apply to them ⌫. 
2. ⌦ Manufacturing ⌫ 
The manufacturer shall take  all measures necessary ⌦ so ⌫ in order  that the 
manufacturing process ⌦ and its monitoring ⌫ ensures  conformity of the 
⌦ manufactured products ⌫ explosives  with the ⌦ approved ⌫ type as  
described in the EC  ⌦ EU ⌫ type - examination certificate and with the 
requirements of the  ⌦ this ⌫ Directive that apply to them. He shall affix the CE 
mark to each explos ive and shall draw up a d eclaration of conformity.  
3. ⌦ A ⌫ The  notified body ⌦ chosen by the manufacturer ⌫ shall carry out the  
appropriate examinations and tests in order to check the conformity of the explosive  
⌦ explosives ⌫ with the Ö approved type described in the EU type examination 
certificate and with the appropriate  requirements of this Directive . 
Ö The examinations and tests to check the conformity of the explosives with the 
appropriate  relevant  requirements Ö shall be carried out, at the choice of the 
manufacturer either  of the Directive  by examination and testing of every 
⌦ product ⌫ explosive  as specified in ⌦ point ⌫ 4 Ö or by examination and 
testing of the explosives  on a statistical basis as  specified in point 5 . 
 
Ð 93/15/EEC 
The manufacturer or his authorized representa tive shall keep a copy of the declaration of 
conformity for a period ending at least 10 years after the last explosive has been 
manufactured.  
 
Ð 93/15/EEC (adapted) 
Î1 Corrigendum, OJ L 79, 
7.4.1995, p. 34 
Ö new 
4. Verification ⌦ of conformity ⌫ by examination and testing of every 
⌦ product ⌫ explosive  
4.1. All ⌦ products ⌫ explosives  shall be individually exam ined and appropriate tests 
as set out in the relevant ⌦ harmonised ⌫ standard(s) ⌦ and/or technical 
specifications, ⌫ referred to in Article 4  or equivalent tests,  shall be carried out in 
order to verify their  conformity with the relevant  ⌦ approved ⌫ type ⌦ described 
in the EU type examination certificate ⌫ and ⌦ with the appropriate ⌫ 
requirements of the  ⌦ this ⌫ Directive. Ö In the absence of such a harmonised 
standard, the notified body concerned shall decide on the appropr iate tests to be 
carried out.  EN 78   EN 4.2. The notified body ⌦ shall issue a certificate of conformity in respect of the 
examinations and tests carried out, and ⌫ Î1 shall affix,   or cause to be affixed,  
its identification symbol  ⌦ number ⌫ to each approved ⌦ product ⌫ explosive  
⌦ or have it affixed under its responsibility ⌫ and draw up a written certificate of 
conformity relating to the tests carried out . 
 
Ø new 
The manufacturer shall keep the certificates of confor mity available for inspection by 
the national authorities for 10 years afte r the explosive has been placed on the 
market. 
 
Ð 93/15/EEC 
4.3. The manufacturer or his authorized repr esentative shall ensure that he is able to supply 
the notified body's certificates of conformity on request.  
 
Ø new 
5. Statistical verification of conformity 
5.1. The manufacturer shall take all measures n ecessary so that the manufacturing process 
and its monitoring ensure the homogeneity of each lot produced, and shall present his 
products for verification in th e form of homogeneous lots. 
5.2. A random sample shall be taken from each lot according to the re quirements of this 
Directive. All products in a sample shall be individually examined and appropriate 
tests set out in the relevant harmonised stan dard(s) and/or technical  specifications, or 
equivalent tests, shall be car ried out in order to  verify conformity with the approved 
type described in the EU type examination certificate and to ensure their conformity 
with the applicable requirements of this Directive and to determine whether the lot is 
accepted or rejected. In the absence of such a harmonised standard, the notified body 
concerned shall decide on the appr opriate tests to be carried out. 
5.3. If a lot is accepted, all products of the lot shall be considered approved, except for 
those products from the sample that have  been found not to satisfy the tests. 
The notified body shall issue a certificate of conform ity in respect to the 
examinations and tests carried out, and sh all affix its identification number to each 
approved product or have it affixed under its responsibility. 
The manufacturer shall keep the certificates of conformity at the disposal of the 
national authorities for 10 y ears after the explosive has been placed on the market. 
5.4. If a lot is rejected, the notified body or the competent authority sh all take appropriate 
measures to prevent that lot is being pl aced on the market. In the event of the EN 79   EN frequent rejection of lots the notified body may suspend the statistical verification 
and take appropriate measures. 
6. Conformity marking and declaration of conformity 
6.1. The manufacturer shall affix the require d conformity marking set out in this 
Directive, and, under the res ponsibility of the notified body referred to in point 3, the 
latter's identification number to each individua l product that is in conformity with the 
approved type described in the EU type examination certificate and satisfies the 
applicable requirements of this Directive. 
6.2. The manufacturer shall draw up a written declaration of conformity for each product 
model and keep it at the disposal of the national authorities, for 10 years after the 
explosive has been placed on the market. The declaration of confor mity shall identify 
the explosive for which it has been drawn up. 
A copy of the declaration of conformity sh all be made available to the relevant 
authorities upon request. 
If the notified body referred to in point 3 agrees and under its responsibility, the 
manufacturer may also affix the notif ied body's identification number to the 
explosives. 
7. If the notified body agrees an d under its responsibility, the manufacturer may affix 
the notified body's identification number to  the explosives during the manufacturing 
process. 
8. Authorised representative 
The manufacturer's obligations may be fulfilled by his authorised representative, on 
his behalf and under his res ponsibility, provided that th ey are specified in the 
mandate. An authorised representative ma y not fulfil the manufacturer's obligations 
set out in points 2 and 5.1. 
 
Ð 93/15/EEC (adapted) 
Ö new 
6. MODULE  G:  
⌦ Conformity based on  ⌫ uUnit verification 
1. This module describes the  Ö Conformity based on unit veri fication is the conformity 
assessment  procedure whereby the manufacturer Ö fulfils the obligations laid 
down in points 2, 3 and 5, and  ensures and declares ⌦ on his sole 
responsibility ⌫ that the explosive ⌦ concerned, ⌫ which has been ⌦ subject to 
the provisions of point 4, is in conformity with the ⌫ issued with the certificate 
referred to in Section 2 conforms to the relevant  requirements of the  ⌦ this ⌫ 
Directive ⌦ that apply to it ⌫. The manufacturer must affix the CE mark to the 
explosive and draw up a d eclaration of conformity.  EN 80   EN  
Ð 93/15/EEC (new) 
Î1 Corrigendum, OJ L 79, 
7.4.1995, p. 34 
2. The notified body must examine the explosive a nd carry out the appropri ate tests as set out 
in the relevant standard(s) referred to in Article 4, or equivalent tests, to ensure its conformity 
with the rele vant requirements of the Directive.  
The notified body must affix , Î1 or cause   to be affixed, its identification symbol on the 
approved explosive and draw up a certificate of conf ormity concerning the tests carried out.  
 
Ð 93/15/EEC (adapted) 
Ö new 
2. ⌦ Technical documentation ⌫ 
3. The aim of  Ö The manufacturer shall establish  the technical documents  
⌦ documentation ⌫ Ö and make it available to th e notified body referred to in 
point 4. The documentation shall make it possible to assess the explosive's  is to 
enable  conformity with the ⌦ relevant ⌫ requirements Ö , and shall include an 
adequate analysis and assessment of the ri sk(s). The technical documentation shall 
specify the applicable requirements and cover, as far as relevant for the 
assessment,  of the Directive to be assessed a nd the design, manufacture and 
operation of the explosive to be understood . The ⌦ technical ⌫ documents  
⌦ documentation ⌫ must  ⌦ shall, wherever applicable, ⌫ contain ⌦ at least 
the following elements ⌫, in so far as is necessary for the assessment : 
(a) a general description of the ⌦ explosives ⌫ type ;, 
 
Ð 93/15/EEC 
(b) conceptual design and manufacturing drawings and schemes of components, 
sub-assemblies, circuits, etc.;,  
 
Ð 93/15/EEC (adapted) 
Ö new 
(c) descriptions and explanations necessary for the understanding of ⌦ those ⌫ 
the said  drawings and schemes and the operati on of the explosive or protection 
system ;, 
(d) a list of the ⌦ harmonised ⌫ standards Ö and/or other re levant technical 
specifications the references of which have been published in the Official 
Journal of the European Union ,  referred to in Article 4,  applied in full or in 
part, and descriptions of the soluti ons adopted to meet the essential EN 81   EN requirements of the  ⌦ this ⌫ Directive where the  ⌦ those harmonised ⌫ 
standards referred to in Article 4  have not been applied.,  Ö In the case of partly 
applied harmonised standards, the tec hnical documentation shall specify the 
parts which have been applied;  
(e) results of design calculations ma de, examinations carried out, etc., ⌦ and ⌫ 
(f) test reports. 
 
Ø new 
The manufacturer shall keep the technica l documentation at th e disposal of the 
relevant national authorities for 10 years af ter the explosive has been placed on the 
market. 
3. Manufacturing 
The manufacturer shall take all measures n ecessary so that the manufacturing process 
and its monitoring ensure conformity of  the manufactured product with the 
applicable requirements of this Directive. 
4. Verification 
A notified body chosen by the manufacturer sh all carry out appropriate examinations 
and tests, set out in the relevant harmonise d standards and/or technical specifications, 
or equivalent tests, to ch eck the conformity of the e xplosive with the applicable 
requirements of this Directive, or have th em carried out. In the absence of such a 
harmonised standard and/or technical specification the notified body concerned shall 
decide on the appropriate tests to be carried out. 
The notified body shall issue a certificate of conform ity in respect of the 
examinations and tests carried out and shal l affix its identification number to the 
approved product, or have it a ffixed under its responsibility. 
The manufacturer shall keep the certificates of conformity at the disposal of the 
national authorities for 10 y ears after the explosive has been placed on the market. 
5. Conformity marking and declaration of conformity 
5.1. The manufacturer shall affix the require d conformity marking set out in this 
Directive and, under the respons ibility of the notified body re ferred to in point 4, the 
latter's identification number to each product that satisfies the applicable 
requirements of this Directive. 
5.2. The manufacturer shall draw up a written declaration of conformity and keep it at the 
disposal of the national authorities for 10 years after the explos ive has been placed 
on the market. The declaration of conformity  shall identify the explosive for which it 
has been drawn up. 
A copy of the declaration of conformity sh all be made available to the relevant 
authorities upon request. EN 82   EN 6. Authorised representative 
The manufacturer's obligations set out in  points 2 and 5 may be fulfilled by his 
authorised representative, on his behalf and under his responsibility, provided that 
they are specified in the mandate. EN 83   EN  
Ï 
ANNEX III  
Repealed Directive with list of its successive amendments  
(referred to in Article 51) 
Council Directive 93/15/EEC  (OJ L 121, 15.5.1993, p. 20) Regulation (EC) No 1882/2003 (OJ L 284, 31.10.2003, p. 1.) Only point 13) of Annex II. 
Regulation (EC) No 219/2009  
(OJ L 87, 31.3.2009, p. 109.) Only point 2.2 of the Annex. 
 EN 84   EN ANNEX IV  
CORRELATION TABLE  
Directive 93/15/EEC This Directive 
Article 1(1) Article 1(1) 
Article 1(2) Article 2(1) 
Article 1(3) Article 1(2) 
Article 1(4) Article  2(2) – 2 (10) 
Article 1(5) Article 1(3) 
Article 2(1) Article 3 
Article 2(2) Article 4 
- Article 21 
- Article 21 
Article 2(3) Article 21 
- Article 21 
Article 3 Article 4, 6 (1) 
- Article 6 (2) – 6 (8) 
- Article 7 
- Article 8 
- Article 9 
- Article 10 
Article 4(1) Article 18 
Article 4(2) - 
Article 5 Article 19 
Article 6(1) Article 19 
Article 6(2) Articles 23 – 26 
- Article 28 – 39 EN 85   EN Article 7(1) Article 21 – 22 
Article 7(2) Article 21 
Article 7(3) Article 21 
- Article 40 
Article 8(1) Article 41, 43 
Article 8(2) Article 42 
Article 8(3) Article 44 
Article 9(1) Article 11(1) 
Article 9(2) - 
Article 9(3) Article 11(2) 
Article 9(4) Article 11(3) 
Article 9(5) Article 11(4) 
Article 9(6) Article 11(6) 
Article 9(7) Article 11(5) 
Article 9(8) Article 11(7) 
Article 9(9) Article 11(8) 
Article 10(1) Article 12(1) 
Article 10(2) Article 12(2) 
Article 10(3) Article 12(3) 
Article 10(4) Article 12(4) 
Article 10(5) Article 12(5) 
Article 11 Article 13 
Article 12(1) Article 14(1) 
Article 12(2) Article 14(2) 
Article 13(1) Article 47(1) 
Article 13(2) - EN 86   EN Article 13(3) Article 45, 46 
Article 13(4) Article 47(2) 
Article 13(5) Article 45-46 
Article 14, 1st subparagraph Article 5 
Article 14, 2nd subparagraph Article 15, 1st subparagraph 
Article 14, 3rd subparagraph Article 15, 2nd subparagraph 
Article 14, 4th subparagraph Article 15, 3rd subparagraph 
Article 15 - 
Article 16 Article 16 
Article 17 Article 48 
Article 18 Article 17 
Article 19 Article 49-50 
- Article 51 
- Article 52 
Article 20 Article 53 
Annex I Annex I 
Annex II Annex II 
Annex III Article 27 
Annex IV Article 21 
- Annex III 
- Annex IV