1993L0015 — EN — 20.11.2003 — 001.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COUNCILDIRECTIVE93/15/EEC
of5April1993
on the harmonization of the provisions relating to the placing on the market and supervision of
explosivesforcivil uses
(OJ L 121, 15.5.1993, p. 20)
Amended by:
Official Journal
No page date
►M1Regulation (EC) No 1882/2003 of the European Parliament and of the
Council of 29 September 2003L 284 1 31.10.2003
Corrected by:
►C1Corrigendum, OJ L 79, 7.4.1995, p. 34 (93/15/EEC)
▼B
COUNCILDIRECTIVE93/15/EEC
of5April1993
on the harmonization of the provisions relating to the placing on
themarketandsupervisionofexplosivesforciviluses
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic
Community, and in particular Article 100a thereof,
Having regard to the proposal from the Commission (1),
In cooperation with the European Parliament (2),
Having regard to the opinion of the Economic and Social
Committee (3),
Whereas Article 8a of the Treaty provides that the internal market must
be established not later than 31 December 1992; whereas the internalmarket is to comprise an area without internal frontiers in which thefree movement of goods, persons, services and capital is ensured inaccordance with the provisions of the Treaty;
Whereas Article 100a (3) of the Treaty provides that the Commission,
in its proposals concerning safety, will take as a base a high level ofprotection;
Whereas the free movement of goods presupposes that certain basic
conditions are fulfilled; whereas, in particular, the free movement of
explosives presupposes harmonization of laws on the placing of explo-
sives on the market;
Whereas explosives for civil uses are covered by detailed national
regulations, mainly in respect of safety and security requirements;whereas such national regulations provide, in particular, that marketingauthorizations be granted only where explosives have satisfactorily
undergone a series of tests;
Whereas harmonization of provisions governing the placing of such
explosives on the market presupposes that divergent national ruleswill be harmonized in order to ensure the free movement of theseproducts without lowering optimum levels of safety and security;
Whereas this Directive defines only the essential requirements which
must be met by explosives conformity tests; whereas, in order to facil-itate the process of demonstrating compliance with the essentialrequirements, it would be very useful to process standards harmonizedat European level concerning, inter alia , methods for testing explo-
sives; whereas such standards do not exist at present;
Whereas standards harmonized at European level are drawn up by
private bodies and must retain their status as non-mandatory text;whereas, in this connection, the European Committee for Standardiza-tion (CEN) has been recognized as one of the two bodies competent to
adopt harmonized standards in accordance with the general guidelines
for cooperation between the Commission and CEN and Cenelec, rati-fied on 13 November 1984; whereas, for the purposes of thisDirective, ‘harmonized standard’ means a text setting out technicalspecifications adopted by CEN under a mandate conferred by theCommission, in accordance with Council Directive 83/189/EEC of 28
March 1983 laying down a procedure for the provision of information
in the field of technical standards and regulations (
4) and in keeping
with the abovementioned general guidelines;1993L0015 — EN — 20.11.2003 — 001.001 — 2
(1) OJ No C 121, 13. 5. 1992, p. 19.
(2) OJ No C 305, 23. 11. 1992, p. 128; and
OJ No C 115, 26. 4. 1993.
(3) OJ No C 313, 30. 11. 1992, p. 13.
(4) OJ No L 109, 26. 4. 1983, p. 8. Directive as last amended by Commission
Decision 90/230/EEC (OJ No L 128, 18. 5. 1990, p. 15).
▼B
Whereas the Council, in its Decision 90/683/EEC of 13 December
1990 concerning the modules for the various phases of the conformityassessment procedures which are intended to be used in the technical
harmonization directives (
1), introduced harmonized means of applying
procedures for conformity assessment; whereas the application of thesemodules to explosives will make it possible to determine the responsi-bility of manufacturers and of bodies responsible for applyingprocedures for conformity assessment by taking account of the nature
of the explosives concerned;
Whereas, as regards safety, the rules concerning the transport of explo-
sives are covered by international conventions and agreements;whereas, at international level, there are United Nations recommenda-tions on the transport of dangerous goods (including explosives), thescope of which extends beyond the Community framework; whereas,
in consequence, this Directive does not concern the transport rules;
Whereas, pyrotechnical articles require appropriate measures to ensure
the protection of consumers and the safety of the public; whereas anadditional directive is planned in this field;
Whereas the definition of the products covered by this Directive should
be based on the definition of such products as set out in the abovemen-
tioned recommendations;
Whereas the scope of this Directive covers ammunition, but only as
regards the rules governing controls on transfers and the associatedarrangements; whereas, since ammunition is transferred under condi-tions similar to those under which arms are transferred, transfers ofammunition should be governed by provisions similar to those applic-
able to arms, as set out in Directive 91/477/EEC of 18 June 1991 on
control of the acquisition and possession of weapons ►
C1(2)◄;
Whereas the health and safety of workers producing or using explo-
sives must also be protected; whereas an additional directive is in thecourse of preparation covering, inter alia , the health and safety of
workers engaged in activities relating to the manufacture, storage and
use of explosives;
Whereas it is appropriate in the case of a serious threat to, or attack on,
public safety by reason of the illicit possession or use of explosives orammunition falling within this Directive, to allow Member States toderogate, under certain conditions, from the provisions of this Directive
with regard to transfer;
Whereas, finally, it is essential to establish administrative cooperation
mechanisms; whereas it is appropriate in this connection for thecompetent authorities to base their approach on Council Regulation(EEC) No 1468/81 of 19 May 1981 on mutual assistance between theadministrative authorities of the Member States and cooperation
between the latter and the Commission to ensure the correct application
of the law on customs or agricultural matters (
3);
Whereas this Directive does not affect the power of Member States to
take measures with a view to preventing illegal trade in explosives andammunition,
HAS ADOPTED THIS DIRECTIVE:
CHAPTER I
General provisions
Article 1
1. This Directive shall apply to explosives as defined in paragraph 2.1993L0015 — EN — 20.11.2003 — 001.001 — 3
(1) OJ No L 380, 31. 12. 1990, p. 13.
(2) OJ No L 256, 13. 9. 1991, p. 51.
(3) OJ No L 144, 2. 6. 1981, p. 1. Regulation as amended by Regulation (EEC)
No 945/87 (OJ No L 90, 2. 4. 1987, p. 4.)
▼B
2. ‘Explosives’ shall mean the materials and articles considered to
be such in the United Nations recommendations on the transport ofdangerous goods and falling within Class 1 of those recommendations.
3. This Directive shall not apply to:
— explosives, including ammunition, intended for use, in accordance
with national law, by the armed forces or the police,
— pyrotechnical articles,— ammunition, except as provided in Articles 10, 11, 12, 13, 17, 18
and 19.
4. For the purposes of this Directive:
— ‘United Nations recommendations’ shall mean the recommendations
laid down by the United Nations Committee of Experts on the
Transport of Dangerous Goods, as published in the UN (Orange
Book) and as amended by the date when this Directive is adopted,
— ‘safety’ shall mean the prevention of accidents and, where preven-
tion fails, the containment of their effects,
— ‘security’ shall mean the prevention of use contrary to law and
order,
— ‘dealer’ shall mean any natural or legal person whose occupation
consists wholly or partly in the manufacture, trade, exchange, hiringout, repair or conversion of fire arms and ammunition,
— ‘approval’ shall mean the decision taken to allow envisaged trans-
fers of explosives within the Community,
— ‘undertaking in the explosives sector’ shall mean any natural or
legal person possessing a licence or authorization which entitleshim to engage in the manufacture, storage, use, transfer or trade inexplosives,
— ‘placing on the market’ shall mean any first disposal against
payment or free of charge of explosives covered by this Directivewith a view to their distribution and/or use on the Community
market,
— ‘transfer’ shall mean any physical movement of explosives within
Community territory apart from movements within one and the
same site.
5. This Directive shall not prevent Member States from designating
certain substances not covered by this Directive as explosives undernational law or regulations.
CHAPTER II
Harmonization oflawsrelatingtoexplosives
Article 2
1. Member States may not prohibit, restrict or hinder the placing on
the market of explosives which fall within the scope of this Directive
and which satisfy the requirements of this Directive.
2. Member States shall take the necessary measures to ensure that
explosives falling within the scope of this Directive may be placed onthe market only if they comply with all the provisions of this Directive,are provided with the CE marking described in Article 7 and theirconformity ►
C1has been assessed ◄in accordance with the proce-
dures referred to in Annex II.
3. Where explosives falling within the scope of this Directive are
subject to other Directives which cover other aspects and prescribe the
fixing of the CE marking, this marking shall indicate that the above-mentioned products are also presumed to conform to the provisions ofthese other directives which apply to them.
Article 3
Explosives falling within the scope of this Directive must comply with
the essential safety requirements set out in Annex I which apply tothem.1993L0015 — EN — 20.11.2003 — 001.001 — 4
▼B
Article 4
1. Member States shall consider explosives falling within the scope
of this Directive which comply with the relevant national standards
transposing the harmonized standards the references of which have
been published in the Official Journal of the European Communities
to be in conformity with the essential safety requirements referred toin Article 3. Member States shall publish the references of the nationalstandards transposing those harmonized standards.
2. The Commission will give specific details of the work conducted
in the field of harmonized standards in the framework of the reportsubmitted to the European Parliament and the Council on the applica-tion of Directive 83/189/EEC and provided for in Article 11 (2) of thatDirective.
Article 5
Where a Member State or the Commission considers that the harmo-
nized standards referred to in Article 4 do not fully satisfy the
essential requirements referred to in Article 3, the Commission or theMember State concerned shall bring the matter before the StandingCommittee set upby Directive 83/189/EEC, giving its reasons. TheCommittee shall deliver its opinion without delay.
In the light of the Committee's opinion the Commission shall inform
the Member States of the measures to be taken regarding the standards
and the publication referred to in Article 4.
Article 6
1. The procedures for the attestation of the conformity of explosives
shall be either:
(a) EC type examination (Module B) referred to in Annex II (1), and,
at the choice of the manufacturer, either:
— the type conformity (Module C) referred to in Annex II (2),
— or the production quality assurance procedure (Module D)
referred to in Annex II (3),
— or the product quality assurance procedure (Module E) referred
to in Annex II (4),
— or the product verification (Module F) referred to in Annex II
(5); or
(b) the unit verification (Module G) referred to in Annex II (6).
2. Member States shall inform the Commission and the other
Member States of the bodies which they have appointed to carry outthe procedures for assessing the conformity referred to above together
with the specific tasks which these bodies have been appointed to carry
out and the identification numbers assigned to them beforehand by theCommission.
The Commission shall publish in the Official Journal of the European
Communities a list of the notified bodies and their identification
numbers and the tasks for which they have been notified. The Commis-
sion shall ensure that this list is kept up to date.
Member States shall apply the minimum criteria set out in Annex III
for the assessment of bodies of which the Commission is to be notified.Bodies which meet the assessment criteria laid down by the relevantharmonized standards shall be presumed to satisfy the relevant
minimum criteria.
A Member State which ►
C1has◄notified the Commission of a
given body shall withdraw the notification if it discovers that thatbody no longer meets the criteria referred to in the second subpara-graph. It shall immediately inform the other Member States and theCommission accordingly.1993L0015 — EN — 20.11.2003 — 001.001 — 5
▼B
Article 7
1. The CE marking of conformity shall be affixed in such a way as
to be visible, easily legible and indelible on the explosives themselvesor, if this is not possible, on an identification plate attached thereto or,
in the last resort, if the first two methods cannot be used, on the packa-
ging. The identification plate must be so designed as to make its reuseimpossible.
The model to be used for the CE marking shall be that reproduced in
Annex IV.
2. It shall be prohibited to affix on explosives any mark or inscrip-
tion which may confuse third persons as to the meaning and style ofwriting of the CE marking. Any other mark may be affixed on explo-
sives provided the ►
C1visibility ◄and legibility of the CE marking
is not impaired.
3. Without prejudice to the provisions of Article 8:
(a) where a Member State establishes that the CE marking has been
unduly affixed, the manufacturer, his agent or, failing these, theperson responsible for placing the product in question on theCommunity market shall be obliged to restore the product toconformity with regard to the provisions on marking and end theinfringement 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 placing on themarket of the product in question or to ensure that it is withdrawnfrom the market in accordance with the procedures laid down in
Article 8.
Article 8
1. Where a Member State establishes that an explosive bearing CE
conformity marking and being used for its intended purpose may
compromise safety, it shall take all interim measures necessary to with-
draw the explosive from the market or prohibit its being placed on themarket or its freedom of movement.
The Member State 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.
2. The Commission shall consult the parties concerned as soon as
possible. Where the Commission establishes, after consultation, thatthe measures are justified, it shall immediately inform the MemberState which took the initiative, as well as the other Member States.
Where the Commission establishes, after consultation, that the
measures are unjustified, it shall immediately inform the Member Statewhich took the decision.
In the particular case where the measures referred to in paragraph 1 are
based on a shortcoming in the standards, the Commission shall firstconsult the parties concerned and then within two months bring thematter before the Standing Committee set upby Directive 83/189/
EEC if the Member State which took the measures intends to maintain
them and initiates the procedures referred to in Article 5.
3. Where CE conformity marking is borne by an explosive which
does not comply with the requirements, the competent Member Stateshall take appropriate measures in respect of the person who affixedthe marking and shall inform the Commission and the other MemberStates.1993L0015 — EN — 20.11.2003 — 001.001 — 6
▼B
CHAPTER III
ProvisionsgoverningthesupervisionoftransfersintheCommunity
Article 9
1. Explosives covered by this Directive may be transferred only in
accordance with the following paragraphs.
2. Controls performed pursuant to Community law or national law
in the event of transfers of the explosives governed by this Article shall
no longer be performed as internal frontier controls but solely as partof the normal control procedures applied in a non-discriminatoryfashion throughout the territory of the Community.
3. Approval to transfer explosives shall be obtained by the
consignee from the recipient competent authority. The competentauthority shall verify that the consignee is legally authorized to acquire
explosives and that he is in possession of the necessary licences or
authorizations. The person responsible for the transfer must notify thecompetent authorities of the transit Member State or Member States ofmovements of explosives through this or these States, whose approvalshall be required.
4. Where a Member State considers that there is a problem
regarding the verification of the entitlement to acquire explosives
referred to in paragraph 3, that Member State shall forward the avail-able information on the subject to the Commission which will put thematter before the Committee provided for in ►
C1Article 13 ◄
without delay.
5. Where the recipient competent authority approves a transfer, it
shall issue to the consignee a document which includes all the informa-
tion referred to in paragraph 7. Such a document must accompany theexplosives until they arrive at their stated destination. It must beproduced at the request of the relevant competent authorities. A copyof this document shall be retained by the consignee who shall presentit for examination by the recipient competent authority, at the latter's
request.
6. Where the competent authority of a Member State considers that
special security requirements such as those referred to in paragraph 5are unnecessary, explosives can be transferred on their territory or partthereof without prior provision of information within the meaning ofparagraph 7. The recipient competent authority shall then grant an
approval for a fixed period and liable to suspension or withdrawal at
any time on the basis of a reasoned justification. The documentreferred to in paragraph 5, which must accompany the explosives untilthey arrive at their destination, shall refer solely to the abovementionedapproval.
7. Where transfers of explosives must be specially 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 reci-pient competent authority:
— the names and addresses of the operators concerned; this informa-
tion must be detailed enough to enable the operators to be
contacted and confirmation to be obtained that the persons in ques-tion are legally entitled to receive the consignment,
— the number and quantity of the explosives being transferred,— a full description of the explosive in question and of the means of
identification, including the United Nations identification number,
— where the explosives are to be placed on the market, information on
compliance with conditions for placing on the market,
— the means of transfer and the itinerary,
— the expected dates of departure and ►
C1arrival◄,
— where necessary, the precise points of entry to and exit from
Member States.1993L0015 — EN — 20.11.2003 — 001.001 — 7
▼B
Recipient competent authorities shall examine the conditions under
which the transfer may take place, with particular regard to the specialsecurity requirements. If the special security requirements are satisfied,
approval for the transfer shall be granted. In the event of transit
through the territory of other Member States, those States shall likewiseexamine and approve, in the same conditions, the particularsconcerning the transfer.
8. Without prejudice to the normal checks which the Member State
of departure shall carry out in its territory, at the request of the compe-tent authorities concerned, the consignees and the operators concernedin the explosives sector shall forward to the authorities of the MemberState of departure and to those of the Member State of transit all rele-
vant information they ►
C1possess◄concerning the transfer of
explosives.
9. No supplier may transfer explosives unless the consignee has
obtained the necessary authorizations for the transfer in accordancewith the provisions of ►
C1paragraphs ◄3, 5, 6 and 7.
Article 10
1. Ammunition may be transferred from one Member State to
another only in accordance with the procedure laid down in thefollowing paragraphs. These provisions shall also apply to transfers of
ammunition under mail-order sales.
2. Where ammunition is to be transferred to another Member State
the person concerned shall, before any dispatch, communicate to theMember State in which that ammunition is located:
— 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,
— the►
C1address◄to which the ammunition is to be consigned
or transported,
— the quantity of ammunition to be consigned or transported,— data making it possible to identify the ammunition and also an indi-
cation 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,
— the means of transfer,— the date of departure and the estimated date of arrival.
The information referred to in the last two indents need not be supplied
in the event of a transfer between dealers. The Member State shallexamine the conditions under which the transfer is to be carried out,in particular with regard to security. Where the Member Stateauthorizes such a transfer it shall issue a licence incorporating all theparticulars referred to in the first subparagraph. That licence shall
accompany the ammunition until it reaches its destination; it shall be
produced whenever so required by the competent authorities of theMember States.
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 authorization referred to in paragraph2. To that end it shall issue an authorization valid for three years whichmay at any time be suspended or cancelled by reasoned decision. Adocument referring to that authorization must accompany the ammuni-
tion until it reaches its destination. It must be produced whenever so
required by the competent authorities of the Member States.
Before effecting the transfer, the dealer shall communicate to the
authorities of the Member State from which the transfer is to beeffected all the particulars listed in the first subparagraph of paragraph
2.
4. Each Member State shall supply the other Member States with a
list of the ammunition the transfer of which to its territory may beauthorized without its prior consent.1993L0015 — EN — 20.11.2003 — 001.001 — 8
▼B
Such lists of ammunition shall be communicated to dealers who have
obtained approval for transferring ammunition without prior authoriza-tion under the procedure laid down in paragraph 3.
5. Each Member State shall communicate all useful information at
its disposal concerning definitive transfers of ammunition to theMember State, to the territory of which such a transfer has been
effected.
All information that Member States receive by way of the procedures
laid down in this Article shall be communicated, not later than the timeof the relevant transfers, to the Member States of destination and,
where appropriate, not later than the time of transfer to the Member
States of transit.
Article 11
By derogation from Article 9 (3), (5), (6) and (7), and from Article 10,
a Member State, in case of grave threats to, or attacks upon, publicsecurity through the illicit possession or use of explosives or ammuni-tion covered by the Directive, may take all necessary measuresconcerning transfers of explosives or ammunition in order to prevent
such illicit possession or use.
These measures shall respect the principle of proportionality. They
must constitute neither a means of arbitrary discrimination nor a veiled
restriction in trade between Member States.
Each Member State which adopts such measures shall notify the
Commission of them forthwith; the Commission shall inform the otherMember States thereof.
CHAPTER IV
Otherprovisions
Article 12
1. Member States shall set upinformation exchange networks for
the implementation of Articles 9 and 10. They shall notify the other
Member States and the Commission of the national authorities respon-sible for forwarding or receiving information and for applying theprocedures referred to in the said Articles 9 and 10.
2. For the purpose of implementing this Directive, the provisions of
Regulation (EEC) No 1468/81, in particular those relating to confiden-tiality, shall apply mutatis mutandis .
Article 13
1. The Commission shall be assisted by a committee.
The committee shall examine any matter concerning the application of
this Directive.
2. Where reference is made to this Article, Articles 4 and 7 of Deci-
sion 1999/468/EC (
1) shall apply, having regard to the provisions of
Article 8 thereof.
The period laid down in Article 4(3) of Decision 1999/468/EC shall be
set at three months.
3. The Committee shall adopt its rules of procedure.
4. The procedure laid down in paragraph 2 shall be followed in
particular to take account of any future amendments to the UnitedNations recommendations.1993L0015 — EN — 20.11.2003 — 001.001 — 9
(1) Council Decision 1999/468/EC of 28 June 1999 laying down the procedures
for the exercise of implementing powers conferred on the Commission (OJ
L 184, 17.7.1999, p. 23).▼M1
▼B
Article 14
Member States shall keepat the disp osal of the other Member States
and the Commission updated information concerning undertakings inthe explosives sector possessing licences or authorizations as referred
to in Article 1 (4).
Member States shall ascertain whether such undertakings possess a
system for keeping track of explosives such that those holding explo-
sives can be identified at any time. The conditions for the applicationof this subparagraph shall be adopted in accordance with the committeeprocedure provided for in Article 13.
Undertakings in the explosives sector shall keep such records of their
transactions as are necessary to fulfil the obligations set out in thisArticle.
The documents referred to in this Article must be kept for at least three
years after the end of the calendar year in which the recorded transac-
tion took place, even if the undertaking has ceased trading. They must
be immediately available for inspection at the request of the competentauthorities.
Article 15
Member States shall ensure that explosives are properly marked.
Article 16
When a Member State issues a licence or ►
C1authorization ◄for
the purpose of allowing an explosives manufacturing activity to beexercised, it shall check in particular that the persons responsible are
capable of complying with the technical commitments they assume.
CHAPTER V
Finalprovisions
Article 17
Each Member State shall determine the penalties to be applied for
infringement of the provisions adopted in implementation of this Direc-tive. The penalties shall be sufficient to promote compliance with thoseprovisions.
Article 18
Each Member State shall adopt, in the context of its national law, the
necessary measures to enable the competent authorities to seize anyproduct coming within the scope of this Directive if there is sufficient
evidence that that product will be ►
C1illicitly◄acquired, used or
dealt in.
Article 19
1. Member States shall bring into force the provisions necessary to
comply with Articles 9, 10, 11, 12, 13 and 14 before 30 September
1993.
2. Member States shall adopt and publish before 30 June 1994 the
laws, regulations and administrative provisions necessary to comply
with the provisions other than those mentioned in paragraph 1. Theyshall forthwith inform the Commission thereof.
They shall apply these provisions as from 1 January 1995.3. When Member States adopt the provisions referred to in para-
graphs 1 and 2 those provisions shall contain a reference to thisDirective or shall be accompanied by such reference on the occasionof their official publication. The methods of making such a referenceshall be determined by the Member States.1993L0015 — EN — 20.11.2003 — 001.001 — 10
▼B
4. However, during the period up to 31 December 2002, Member
States shall allow the placing on the ►C1market◄of explosives
complying with the national regulations in force in their territory before
31 December 1994.
5. Member States shall communicate to the Commission the provi-
sions of national law which they adopt in the field governed by thisDirective.
Article 20
This Directive is addressed to the Member States.1993L0015 — EN — 20.11.2003 — 001.001 — 11
▼B
ANNEX I
ESSENTIALSAFETYREQUIREMENTS
I.General requirements
1. Each explosive must be designed, manufactured and supplied in such a
way as to present a minimal risk to the safety of human life and health,
and to prevent damage to property and the environment under normal,
foreseeable conditions, in particular as regards the safety rules and
►C1standard practices until such time as it is used. ◄
2. Each explosive must attain the performance 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.Specialrequirements
1. As a minimum, the following information and properties — where appro-
priate — ►C1must be considered or tested. ◄Each explosive should
be tested under realistic conditions. If this is not possible in a laboratory,
the tests should be carried out in the conditions in which the explosive is
to be used.
(a)►C1Design and characteristic properties, including chemical
composition, degree of homogeneity ◄and, where appropriate,
dimensions and grain size distribution.
(b) The physical and chemical stability of the explosive in all environ-
mental conditions to which it may be exposed.
(c) Sensitiveness to impact and friction.(d) Compatibility of all components as regards their physical and
chemical stability.
(e) The chemical purity of the explosive.(f) Resistance of the explosive against influence 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) Resistance to low and high temperatures, 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.
(h) The suitability of the explosive for use in hazardous environments
►
C1(e.g. firedampatmosp heres, hot masses, etc.) ◄if it is
intended to be used under such conditions.
(i) Safety features intended to prevent untimely or inadvertent initiation
or ignition.
(j) The correct loading and functioning of the explosive when used for
its intended purpose.
(k) Suitable instructions and, where necessary, markings in respect of
safe handling, storage, use and disposal in the official language or
languages of the recipient Member State.
(l)►C1The ability of the explosive, its wrapping or ◄other compo-
nents to withstand deterioration during storage until the ‘use by’ date
specified by the manufacturer.
(m) Specification of all devices and accessories needed for reliable and
safe functioning of the explosive.
2. The various groups of explosives must at least also comply with the
following requirements:
A.Blasting explosives
(a) The 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.1993L0015 — EN — 20.11.2003 — 001.001 — 12
▼C1
▼B
▼B
(b) Blasting explosives in cartridge form must transmit the detonation
safely and reliably from one end of the train of cartridges to the
other.
►C1(c) The fumes produced by blasting explosives intended for
underground use may contain carbon monoxide, nitrous gases,
other gases, vapours or airborne ◄solid residues only in quanti-
ties which do not impair health under normal operating
conditions.
B.►C1Detonating cords, safety fuses, other fuses and shock tubes ◄
(a) The covering of detonating cords, safety fuses ►C1and other
fuses must ◄be of adequate mechanical strength and adequately
protect the explosive filling when exposed to normal mechanical
stress.
(b) The parameters for the burning times of safety fuses must be indi-
cated and must be reliably met.
(c) Detonating cords must be capable of being reliably initiated, be of
sufficient initiation capability and comply with requirements as
regards storage even in particular climatic conditions.
C.Detonators (including delay detonators) and relays
(a) Detonators must reliably initiate the detonation of the blasting
explosives which are intended to be used with them under all
foreseeable conditions of use.
(b)►C1Delay connectors for detonating cords must be reliably
initiated. ◄
(c) The initiation capability must not be adversely affected by
humidity.
(d) The 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.
(e) The electrical characteristics of electric detonators must be indi-
cated on the packaging (e.g. no-fire current, resistance, etc.).
(f) The wires of electric detonators must be of sufficient insulation
and mechanical strength including the solidity of the link to the
detonator, taking account of their intended use.
D.Propellants and rocket propellants
(a) These materials must not detonate when used for their intended
purpose.
(b) Propellants where necessary (e.g. those based on nitrocellulose)
must be stabilized against decomposition.
(c) Solid rocket propellants, when in compressed or cast form, must
not contain any unintentional fissures or gas bubbles which
dangerously affect their functioning.1993L0015 — EN — 20.11.2003 — 001.001 — 13
▼B
ANNEX II
1. MODULE B: ECtype-examination
1. This module describes that part of the procedure by which a notified
body ascertains and attests that an example, representative of the
production envisaged, meets the relevant provisions of the Directive.
2. The application for EC type-examination is lodged by the manufacturer
or his authorized representative established within the Community with
a notified body of his choice.
The application must include:
— the name and address of the manufacturer and, if the application is
lodged by the authorized representative, the name and address in
addition,
— a written declaration that the same application has not been lodged
with any other notified body,
— the technical documents, as described in Section 3.
The applicant must place at the disposal of the notified body an
example representative of the production envisaged, hereinafter called
‘type’. The notified body may request further examples if needed for
carrying out the test programme.
3. The technical documents must enable the conformity of the appliance
with the requirements of the Directive to be assessed. They must, as far
as is relevant for such assessment, cover the design, manufacture and
operation of the appliance and contain as far as is relevant for assess-
ment:
— a general type-description,
— conceptual design and manufacturing drawings and diagrams of
components, sub-assemblies, circuits, etc.,
— descriptions and explanations necessary for the understanding of
the drawings and diagrams and the operation of the product,
— a list of the standards referred to in Article 4, applied in full or in
part, and descriptions of the solutions adopted to meet the essential
requirements of the Directive where the standards referred to in
Article 5 have not been applied,
— results of design calculations made, examinations carried out, etc.,
— test reports.
4. The notified body must:4.1. examine the technical documents, verify that the type has been manu-
factured in conformity with those documents and identify the elements
which have been designed in accordance with the relevant provisions
of the standards referred to in Article 4 as well as the components
which have been designed without applying the relevant provisions of
those standards;
4.2. perform or have performed the appropriate examinations and necessary
tests to check whether, where the standards referred to in Article 4
have not been applied, the solutions adopted by the manufacturer
meet the essential requirements of the Directive;
4.3. perform or have performed the appropriate examinations and necessary
tests to check whether, where the manufacturer has chosen to apply the
relevant standards, these have actually been applied;
4.4. agree with the applicant the location where the examinations and
necessary tests are to be carried out.
5. Where the type meets the relevant provisions of this Directive, the
notified body issues an EC type-examination certificate to the appli-
cant. The certificate contains the name and ►
C1address◄of the
manufacturer, the conclusion of the examination and necessary data
for identification of the approved type.
A list of the relevant parts of the technical documents is annexed to the
certificate and a copy kept by the notified body.
If the manufacturer or his authorized representative established in the
Community is refused a type certificate, the notified body must provide
detailed reasons for such refusal.
Provision must be made for an appeals procedure.1993L0015 — EN — 20.11.2003 — 001.001 — 14
▼B
6. The applicant informs the notified body that holds the technical docu-
ments concerning the EC type-examination certificate of all
►C1modifications ◄to the approved appliance which must receive
additional approval where such changes may affect the conformity with
the essential requirements or the prescribed conditions for use of the
product. This additional approval is given in the form of an addition
to the original EC type-examination certificate.
7. Each notified body must communicate to the other notified bodies the
relevant information concerning the EC type-examination certificates
and additions issued and withdrawn.
8. The other notified bodies may receive copies of the EC type-examina-
tion certificates and/or their additions. The Annexes to the certificates
must be kept at the disposal of the other notified bodies.
9. The manufacturer or his authorized representative established within
the Community must keepwith the technical documents cop ies of EC
type-examination certificates and their additions for a period of at least
10 years after the last date of manufacture of the product concerned.
Where neither the manufacturer nor his authorized representative is
established within the Community, the obligation to keepthe technical
documents available is the responsibility of the person who places the
product on the Community market.
2. MODULE C: Conformitytotype
1. This module describes that part of the procedure whereby the manufac-
turer or his authorized representative established within the Community
ensures and declares that the explosives concerned are in conformity
with the type as described in the EC type-examination certificate and
satisfy the requirements of this Directive that apply to them. The
manufacturer must affix the CE mark to each explosive and draw up
a written declaration of conformity.
2. The manufacturer must take all measures necessary to ensure that the
manufacturing process assures the conformity of the manufactured
product with the type as described in the EC type-examination certifi-
cate with the essential safety requirements of the Directive.
3. The manufacturer or his authorized representative must keep a copy of
the declaration of conformity for a period of at least 10 years after the
last date of manufacture of the product concerned.
Where neither the manufacturer nor his authorized representative is
established within the Community, the obligation to keepthe technical
documents available is the responsibility of the person who places the
product on the Community market.
4. A notified body chosen by the manufacturer must perform 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 ►C1and 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 require-
ments of the corresponding Directive. In the event of one or more
samples of the products examined not conforming, the notified body
must take the appropriate measures.
Under the responsibility of the notified body the manufacturer shall
affix the identification symbol of that body during the manufacturing
process.
3. MODULE D: Productionqualityassurance
1. This module describes the procedure whereby the manufacturer who
satisfies the obligations of Section 2 ensures and declares that the
explosives concerned are in conformity with the type as described in
the EC type-examination certificate and satisfy the requirements of
this Directive. The manufacturer affixes the CE mark to each explosive
and draws upa written declaration of conformity. The CE mark is
accompanied by the identification symbol of the notified body respon-
sible for the checks referred to in Section 4.
2. The manufacturer must operate an approved quality system for produc-
tion, final product inspection and testing as specified in Section 3. He
is subject to the checks referred to in Section 4.1993L0015 — EN — 20.11.2003 — 001.001 — 15
▼B
3.Quality system
3.1. The manufacturer lodges an application for assessment of his quality
system with a notified body of his choice, for the explosives
concerned.
The application must include:
— all relevant information for the explosive category envisaged,
— the documents concerning the quality system,
— the technical documents pertaining to the approved type and a copy
of the EC type-examination certificate.
3.2. The quality system must ensure conformity of explosives with the type
as described in the EC type-examination certificate and with therequirements of this Directive that apply to them.
All the elements, requirements and provisions adopted by the manufac-
turer must be documented in a systematic and orderly manner in the
form of written policies, procedures and instructions. The quality
system documents must permit a consistent interpretation of the quality
programmes, plans, manuals and quality records.
It must contain in particular an adequate description of:
— the quality objectives and the organizational structure, responsibil-
ities and powers of the management with regard to the quality of
the explosives,
— the manufacturing, quality control and quality assurance techniques,
processes and systematic actions that will be used,
— the examinations and tests that will be carried out before, during
and after manufacture, and the frequency with which they will be
carried out,
— the quality records, such as inspection reports and test data, calibra-
tion data, qualification reports of the personnel concerned, etc.,
— the means of monitoring the achievement of the required quality of
explosive and the effective operation of the quality system.
3.3. The notified body must assess the quality system to determine whether
it satisfies the requirements referred to in 3.2. It must presume confor-
mity with those requirements in respect of quality systems that
implement the relevant harmonized standard. The auditing team must
have at least one member with experience of assessing the relevant
product technology. The assessment procedure includes an inspection
visit to the manufacturer's premises.
The decision is notified to the manufacturer. The notification must
contain the ►
C1conclusions ◄of the examination and the duly
substantiated assessment decision.
3.4. The manufacturer must undertake to fulfil the obligations arising out of
the quality system as approved and maintain it at an adequate and effi-
cient level.
The manufacturer or his authorized representative must keep the noti-
fied body that has approved the quality system informed of any
proposed change in the quality system.
The notified body must assess the changes proposed ►C1and◄
decide whether the altered quality system will still satisfy the require-
ments referred to in 3.2 or whether reassessment is required.
It must notify the manufacturer of its decision. The notification must
contain the conclusions of the examination and the substantiated
assessment decision.
4.Monitoring under the responsibility of the notified body
4.1 The purpose of monitoring is to make sure that the manufacturer duly
fulfils the obligations arising out of the approved quality system.
4.2 The manufacturer must allow the notified body access for inspection
purposes to the manufacturing, inspection, testing and storage premises
and provide it with all necessary information, in particular:
— the quality system documents,
— the quality records, such as inspection reports and test data, calibra-
tion data, qualification reports of the personnel concerned, etc.
4.3. The notified body must periodically carry out audits to make sure that
the manufacturer maintains and applies the quality system and provides
an audit report to the manufacturer.1993L0015 — EN — 20.11.2003 — 001.001 — 16
▼B
4.4. Additionally the notified body may pay unannounced visits to the
manufacturer. During such visits the notified body may carry out tests
or have them carried out to verify that the quality system is functioning
correctly; if necessary, the notified body must provide the manufacturer
with a visit report and, if a test has taken place, with a test report.
5. The manufacturer must, for a period of at least 10 years after the last
date of manufacture of the product, keep at the disposal of the national
authorities:
— the document referred to in the second indent of 3.1,
— the updating referred to in second paragraph of 3.4,
— the decisions and reports ►C1from◄the notified body which
are referred to in the final paragraph of 3.4, and in 4.3 and 4.4.
6. Each notified body must give the other notified bodies the relevant
information concerning the quality system approvals issued and with-
drawn.
4. MODULE E: Productqualityassurance
1. This module describes the procedure whereby the manufacturer who
satisfies the obligations of Section 2 ensures and declares that the
explosives are in conformity with the type as described in the EC
type-examination certificate. The manufacturer must affix the CE
mark to each explosive and draw up a written declaration of confor-
mity. The CE mark must be accompanied by the identification symbol
of the notified body responsible for the checks referred to in Section 4.
2. The manufacturer must operate an approved quality system for final
explosive inspection and testing as specified in Section 3. He must be
subject to the checks referred to in Section 4.
3.Quality system
3.1. The manufacturer lodges an application with a notified body of his
choice for the assessment of the quality system for his explosives.
The application must include:
— all relevant information for the explosive category envisaged,
— the quality system's documentation,— the technical documents pertaining to the approved type and a copy
of the EC type-examination certificate.
3.2. Under the quality system, each explosive 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 with
the relevant requirements of the Directive. All the elements, require-
ments and provisions adopted by the manufacturer must be
documented in a systematic and orderly manner in the form of written
policies, procedures and instructions. This quality system documenta-
tion must enable the quality programmes, plans, manuals and records
to be interpreted in a uniform manner.
It must in particular contain an adequate description of:
— the quality objectives and the organizational structure,
►
C1responsibilities ◄and powers of the management with
regard to product quality,
— the examination and tests that will be carried out after manufacture,
— the means of monitoring the effective operation of the quality
system,
— quality records, such as inspection reports and test data, calibration
data, qualification reports of the personnel concerned, etc.
3.3. The notified body must assess the quality system to determine whether
it satisfies the requirements referred to in 3.2. It must presume confor-
mity with these requirements in respect of quality systems that
implement the relevant harmonized standard.
The auditing team must have at least one member with experience of
assessing the relevant product technology. The assessment procedure
must include an inspection visit to the manufacturer's premises.
The manufacturer must be notified of the decision. The notification
must contain the conclusions of the examination and the substantiated
assessment decision.1993L0015 — EN — 20.11.2003 — 001.001 — 17
▼B
3.4. The manufacturer must undertake to fulfil the obligations arising out of
the quality system as approved and maintain it at an adequate and effi-
cient level.
The manufacturer or his authorized representative must keep the noti-
fied body which has approved the quality system informed of any
proposed change in the quality system.
The notified body must assess the changes proposed and decide
whether the altered quality system will still satisfy the requirements
referred to in 3.2 or whether a reassessment is required.
It must notify the manufacturer of its decision. The notification must
contain the conclusions of the examination and the substantiated
assessment decision.
4.1. The purpose of monitoring is to make sure that the manufacturer duly
fulfils the obligations arising out of the approved quality system.
4.2. The manufacturer must allow the notified body access for inspection
purposes to the inspection, testing and storage premises and provide it
with all necessary information, in particular:
— the quality system documentation,
— the technical documents,— the quality records, such as inspection reports and test data, calibra-
tion data, qualification reports of the personnel concerned, etc.
4.3. The notified body must periodically carry out audits to ensure that the
manufacturer maintains and applies the quality system and must
provide an audit report to the manufacturer.
4.4. Additionally, the notified body may pay unannounced visits to the
manufacturer. During such visits the notified body may carry out tests
or have them carried out to verify that the quality system is functioning
correctly; if necessary, the notified body must provide the manufacturer
with a visit report and, if a test has been carried out, ►
C1with a test
report.◄
5. The manufacturer must for a period of at least 10 years after the last
date of manufacture of the product keep at the disposal of the national
authorities:
— the documents referred to in the second indent of 3.1,
— the changes referred to in the second paragraph of 3.4,— the decisions and reports ►
C1from◄the notified body which
are referred to in the final paragraph of 3.4, and in 4.3 and 4.4.
6. Each notified body must forward to the other notified bodies the rele-
vant information concerning the quality system approvals issued and
withdrawn.
5. MODULE F: Productverification
1. This module describes the procedure whereby a manufacturer or his
authorized representative established within the Community checks
and attests that the explosives subject to the provisions of 3 are in
conformity with the type as described in the EC type-examination
certificate and satisfy the relevant requirements of the Directive.
2. The manufacturer shall take all measures necessary in order that the
manufacturing process ensures conformity of the explosives with the
type as described in the EC type-examination certificate and with the
requirements of the Directive that apply to them. He shall affix the
CE mark to each explosive and shall draw up a declaration of confor-
mity.
3. The notified body shall carry out the appropriate examinations and
tests in order to check the conformity of the explosive with the relevant
requirements of the Directive by examination and testing of every
explosive as specified in 4.
The manufacturer or his authorized representative shall keep a copy of
the declaration of conformity for a period ending at least 10 years after
the last explosive has been manufactured.
4.Verification by examination and testing of every explosive
4.1. All explosives shall be individually examined and appropriate tests as
set out in the relevant standard(s) referred to in Article 4 or equivalent
tests shall be carried out in order to verify their conformity with the
relevant type and requirements of the Directive.1993L0015 — EN — 20.11.2003 — 001.001 — 18
▼B
4.2. The notified body ►C1shall affix, ◄or cause to be affixed, its iden-
tification symbol to each approved explosive and draw up a written
certificate of conformity relating to the tests carried out.
4.3. The manufacturer or his authorized representative shall ensure that he
is able to supply the notified body's certificates of conformity on
request.
6. MODULE G: Unitverification
1. This module describes the procedure whereby the manufacturer ensures
and declares that the explosive which has been issued with the certifi-
cate referred to in Section 2 conforms to the relevant requirements of
the Directive. The manufacturer must affix the CE mark to the explo-
sive and draw upa declaration of conformity.
2. The notified body must examine the explosive and carry out the appro-
priate tests as set out in the relevant standard(s) referred to in Article 4,
or equivalent tests, to ensure its conformity with the relevant require-
ments of the Directive.
The notified body must affix, ►C1or cause ◄to be affixed, its iden-
tification symbol on the approved explosive and draw up a certificate
of conformity concerning the tests carried out.
3. The aim of the technical documents is to enable conformity with the
requirements of the Directive to be assessed and the design, manufac-
ture and operation of the explosive to be understood.
The documents must contain, in so far as is necessary for the assess-
ment:
— a general description of the type,
— conceptual design and manufacturing drawings and schemes of
components, sub-assemblies, circuits, etc.,
— descriptions and explanations necessary for the understanding of
the said drawings and schemes and the operation of the explosive
or protection system,
— a list of the standards referred to in Article 4, applied in full or in
part, and descriptions of the solutions adopted to meet the essential
requirements of the Directive where the standards referred to in
Article 4 have not been applied,
— results of design calculations made, examinations carried out, etc.,
— test reports.1993L0015 — EN — 20.11.2003 — 001.001 — 19
▼B
ANNEX III
MINIMUM CRITERIA TO BE TAKEN INTO ACCOUNT BY MEMBER
STATESFORTHENOTIFICATIONOFBODIES
1. The body, its director and the staff responsible for carrying out the verifica-
tion tests shall not be the designer, manufacturer, supplier or installer of
explosives which they inspect, nor the authorized representative of any of
these parties. They shall not become either involved directly or as authorized
representatives in the design, construction, ►C1marketing ◄or mainte-
nance of such explosives. This does not preclude the possibility of
exchanges of technical information between the manufacturer and the body.
2. The body and its staff shall carry out the verification tests with the highest
degree of professional integrity and technical competence and shall be free
from all pressures and inducements, ►C1particularly financial, which might
influence their judgement ◄or the results of the inspection, especially from
persons or groups of persons with an interest in the result of verifications.
3. The body shall have at ►C1its◄disposal the necessary staff and possess
the necessary facilities to enable it to perform properly the administrative and
technical tasks connected with verification; it shall also have access to the
equipment required for special verification.
4. The staff responsible for inspection shall have:
— sound technical and professional training,
— satisfactory knowledge of the ►C1requirements of the tests they carry
out and adequate ◄experience of such tests,
— the ability to draw upthe certificates, records and rep orts required to
authenticate the performance of the tests.
5. The impartiality of inspection staff shall be guaranteed. Their remuneration
shall not depend on the number of tests carried out or on the results of such
tests.
6. The body shall take out civil liability insurance unless its liability is
►C1assumed ◄by the State in accordance with national law, or the
Member State itself is directly responsible for the tests.
7. The staff of the body shall be bound to observe professional secrecy with
regard to all information gained in carrying out its tasks (except ►C1(vis-
à-vis)◄) the competent administrative authorities of the State in which its
activities are carried out) under this Directive or any provision of national
law giving effect to it.1993L0015 — EN — 20.11.2003 — 001.001 — 20
▼B
ANNEX IV
CONFORMITYMARKING
The CE conformity marking shall consist of the initials ‘CE’ taking the
following form:
If the marking is reduced or enlarged the proportions given in the above gradu-
ated drawing must be respected.1993L0015 — EN — 20.11.2003 — 001.001 — 21