SI No 423 of 2016 European Union (Making Available on the Market and Supervision of Explosives for Civil Uses) Regulations 2016
Source: Iris Oifigiúl 2016-08-05

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paragraphs: (1) These Regulations may be cited as the European Union (Making Available on the Market and Supervision of Explosives for Civil Uses) Regulations 2016.
(2) Subject to Regulation 46, these Regulations come into operation on 1 September 2016.
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paragraphs: (1) In these Regulations—
(a) in a case in which the estimated market value of the explosives concerned does not exceed €15,000, or such other amount as may stand specified for the time being by law as that court’s jurisdiction in tort, the District Court,
(b) in a case in which the estimated market value of the explosives concerned exceeds €15,000 but does not exceed €75,000, or such other amount as may stand specified for the time being by law as that court’s jurisdiction in tort, the Circuit Court, and
(c) in a case in which the estimated market value of the explosives concerned exceeds €75,000, the High Court;
(a) in relation to the State, the Minister, and
(b) in relation to another Member State, the competent authority, under the Directive, of that state;
(a) under Regulation 16, or
(b) by another Member State in accordance with the Directive;
(a) in the case of a transfer into the State from another Member State, the Minister,
(b) in the case of the importation of explosives, the Minister,
(c) in the case of a transfer through the State, the Minister, and
(d) in the case of an internal transfer, the superintendent of the district in which the internal transfer will terminate or a member of the Garda SÃ­ochÃ¡na in such district not below the rank of inspector acting on such superintendent’s behalf;
(a) in the case of a transfer into the State from another Member State, an Intra-Community transfer of explosives document,
(b) in the case of the importation of explosives, an importation licence issued under the Act of 1875,
(c) in the case of a transfer through the State, an Intra-Community transfer of explosives document,
(d) in the case of an internal transfer, a document issued by the superintendent of the district in which the internal transfer will terminate or a member of the Garda SÃ­ochÃ¡na in such district not below the rank of inspector acting on such superintendent’s behalf, and
(e) in the case of a transfer from the State to another Member State, an Intra-Community transfer of explosives document;
(2) A word or expression which is used in these Regulations and which is also used in the Directive has, unless the context otherwise requires, the same meaning in these Regulations as it has in the Directive.
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paragraphs: (1) These Regulations apply, subject to paragraph (2), to all explosives.
(2) These Regulations do not apply to:
(a) explosives, including ammunition, intended for use by the Defence Forces or the Garda SÃ­ochÃ¡na;
(b) pyrotechnic articles to which the European Union (Making Available on the Market of Pyrotechnic Articles) Regulations 2015 ( S.I. No. 174 of 2015 ) apply;
(c) ammunition, the acquisition, possession or transfer of which is regulated or prohibited under the European Communities (Acquisition and Possession of Weapons and Ammunition) Regulations 1993 ( S.I. No. 362 of 1993 ).
(3) The provisions of these Regulations are in addition to, and not in substitution for, the provisions of:
(a) the Act of 1875;
(b) the Carriage of Dangerous Goods by Road Act 1998 (No. 43 of 1998);
(c) the Safety, Health and Welfare at Work Act 2005 (No. 10 of 2005).
(4) Part 5 shall not apply in respect of the transfer of explosives to, by or on behalf of, or where explosives are in the possession of:
(a) a designated officer acting in the execution of his or her duties;
(b) a person exercising a power of seizure under section 74 of the Act of 1875;
(c) an explosive ordnance disposal officer of the Permanent Defence Forces acting in aid of the civil power;
(d) an authorised officer acting in the execution of his or her duties.
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paragraphs: A person shall not make available on the market any explosives unless the explosives—