COMMISSION OF THE EUROPEAN COMMUNITIES 
COM(92) 524 final - SYN 409 
Brussels, 16 December 1992 
Amended Proposal for a 
COUNCIL DIRECTIVE 
on the harmonization of provisions governing the placing 
on the market and the supervision of explosives for civil uses 
(presented by the Commission pursuant to Article 149(3) 
of the EEC Treaty) 
i£f??2 
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EXPLANATORY MEMORANDUM 
During its session In October 1992, the European Parliament delivered an 
opinion on the proposal from the Commission set out in the document 
C0M(92)123 final of 13 April 1992. 
This proposal takes account of the amendments requested by the European 
Parliament Insofar as the Commission was able to accept them. 

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Amended Proposal for a 
COUNCIL DIRECTIVE 
on the harmonization of provisions governing the placing 
on the market and the supervision of explosives for civil uses 
In response to the opinion delivered at first reading by the European 
Parliament1 under the cooperation procedure on the Commission proposal for 
a Council Directive on the supervision and placing on the market of 
explosives for civil uses and the mutual recognition of approvals relating 
to such explosives, the Commission has decided to amend the proposal as 
fo11ows: 
1. The title of the Directive Is amended to read: 
"Council Directive on the harmonization of provisions governing the 
placing on the market and the supervision of explosives for civil 
uses." 
2. The following first recital a is inserted: 
"whereas Article 100a(3) of the EEC Treaty provides that the 
Commission, In its proposals concerning safety, will take as a base a 
high level of protection". 
3. The second recital is amended as follows: 
"..., in particular, the free movement of explosives presupposes 
harmonization of laws on the placing of explosives on the market". 
OJ No 
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4. The fourth recital is deleted. 
5. The fifth recital is amended as follows: 
"Whereas, in order to ensure the free movement of these products, 
divergent national rules relating to approval procedures should be 
harmonized without lowering the best existing levels of safety and 
securIty". 
6. The following seventh recital a is inserted: 
"whereas the Council, in its Decision 90/683/EEC of 13 December 19902 
concerning the modules for the various phases of the conformity 
assessment procedures which are intended to be used in the technical 
harmonization Directives, Introduced harmonized means of applying 
procedures for conformity assessment; whereas the application of these 
modules to explosives will make it possible to determine the 
responsibility of manufacturers and of bodies responsible for applying 
procedures for conformity assessment by taking account of the nature of 
the explosives concerned". 
7. The ninth recital Is amended as follows: 
"... to ensure the protection of consumers and the safety of the 
general public; whereas a further Directive is planned In this field". 
8. The following tenth recital a is inserted: 
"whereas the scope of this Directive covers munitions, but only as 
regards the rules governing controls on transfers and the associated 
arrangements; whereas, since munitions are transferred under conditions 
similar to those under which arms are transferred, transfers of 
munitions should be governed by provisions similar to those applicable 
to arms, as set out In Directive 91/477/EEC of 18 June 1991 on control 
of the acquisition and possession of weapons.3" 
9. The following thirteenth recital is added: 
2 OJ No L 380, 31.12.1990 
3 OJ No L 256, 13.9.1991. 
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"whereas this Directive does not affect the power of Member States to 
take measures with a view to preventing illegal trade in explosives". 
10. Article 1 is amended as follows: 
"1. This Directive shall apply to explosives as defined in 
paragraph 2. 
2. The term "explosives" means the materials and articles considered 
to be such in the "United Nations Recommendations on the Transport 
of Dangerous Goods" and falling within Category 1 of those 
Recommendations, the general part of which is reproduced in 
Annex 1". 
3. This Directive shall not apply to: 
- explosives intended to be used, in accordance with national law, 
by the armed forces or the police; neither shall it apply to 
commercial transfers of explosives for military use; 
- pyrotechnlcal articles used for purposes of display or 
entertainment; 
- munitions, except as provided for in Articles 7, 7a, 8, 9 and 
10. 
4. For the purposes of this Directive: 
- "United Nations Recommendations" means the recommendations drawn 
up by the UN Committee of Experts on the Transport of Dangerous 
Goods (Orange Book) as published by the United Nations and as 
amended on the date of this Directive's adoption; 
- "safety" means the prevention of accidental explosions or fires, 
or falling this, limitation of their effects; 
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- "security" means prevention of the risk of use for unlawful 
purposes; 
- "arms manufacturer/dealer" means any natural or legal person 
whose professional activity consists either wholly or in part in 
the manufacture, trade, exchange, hiring or repair or conversion 
of fire-arms and munitions; 
- "approval" means the decision taken following the controls 
carried out in respect of projected transfers of explosives 
within the Community; 
- "undertaking In the explosives sector" means any natural or 
legal person possessing a licence or authorization which 
entitles him to engage in the manufacture, storage, use and 
transfer of explosives or In trade in explosives; 
- "placing on the market" means any disposal to third parties, 
against payment or free of charge, of explosives manufactured or 
released for free circulation In the Community. 
5. This Directive shall not prevent Member States, in the Interest of 
security, from designating certain substances as explosives 
pursuant to a national law or regulation". 
11. Articles 2, 3, 4, 5 and 6 are amended as follows: 
"CHAPTER 2 
Harmonization of laws relating to explosives 
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Article 2 
1. Member States may not prohibit, restrict or Impede the placing on the 
market of explosives falling within the scope of this Directive and 
meeting the requirements set out In It. 
2. Member States shall take all measures necessary to ensure that 
explosives falling within the scope of this Directive can be placed on 
the Community market only If they comply with all the provisions of 
this Directive, If they are provided with the CE mark as described in 
Article 6a and if they have undergone conformity assessment in 
accordance with the procedures referred to In Annex 3. 
3. Where explosives falling within the scope of this Directive are covered 
by other Directives concerning other aspects and providing for the 
affixing of the CE mark, this mark shall Indicate that the 
abovementioned products are presumed also to comply with the provisions 
of such other Directives as are applicable to them. 
Article 3 
Explosives falling within the scope of this Directive must meet the 
essential safety requirements applicable to them which are set out in 
Annex 2. 
Article 4 
1. Member States shall presume as complying with the essential safety 
requirements referred to In Article 3 explosives covered by this 
Directive which meet the relevant national standards transposing the 
harmonized standards of which the reference numbers have been published 
in the Official Journal of the European Communities, Member States 
shall publish the reference numbers of the national standards 
transposing the harmonized standards. 
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2. The Commission of the European Communities shall describe the work 
undertaken on the harmonization of standards In a report to the 
European Parliament on the results of the application of 
Directive 83/189/EEC as provided for in the second paragraph of 
Article 11 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 comply with the essential 
requirements referred to In Article 3, the Commission or the Member State 
concerned shall place the matter before the Standing Committee set up under 
Directive 83/189/EEC, setting out the grounds for this action. That 
Committee shall deliver an opinion as soon as possible. 
In the light of that Committee's opinion, the Commission shall notify the 
Member States of the measures to be taken with regard to the standards and 
the publication referred to In Article 4. 
Article 6, 
Conformity attestation procedure and notified bodies 
1. The procedures for attesting the conformity of mass-produced explosives 
shalI be: 
(a) either the EC type-examination (Module B) referred to in 
Annex 3(1) and, at the choice of the manufacturer: 
- the conformity to type (Module C) referred to in Annex 3(2); 
- or the production quality assurance procedure (Module D) 
referred to in Annex 3(3); 
- or the product quality assurance procedure (Module E) referred 
to In Annex 3(4). 
(b) or the unit verification (Module G) referred to in Annex 3(5). 
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Member States shall notify the Commission and the other Member States 
of the bodies which they have designated to carry out the conformity 
assessment tasks and of the identification numbers assigned by the 
Commission to the bodies Involved in the production control phase. For 
Information purposes, the Commission shall publish In the Official 
Journal of the European Communities the list of notified bodies 
together with any Identification numbers which it may have assigned to 
them and shall ensure that such list is updated. 
Member States shall apply the minimum criteria set out in Annex 4 for 
assessing the suitability of the bodies to be notified. The bodies 
which meet the assessment criteria laid down by the relevant harmonized 
standards shall be presumed to comply with the minimum pertinent 
crIteria. 
A Member State which has notified a body must withdraw that 
notification If It ascertains that that body no longer meets the 
criteria referred to above. It shall forthwith inform the other 
Member States and the Commission thereof. 
12. The following Article 6a is inserted: 
"Article 6a: CE mark of conformity 
1. The CE mark of conformity shall be affixed visibly, legibly and 
Indelibly to the explosives or to an identification plate attached 
to them. The Identification plate must be so designed as to 
render re-use impossible. 
The model to be used for the CE mark is presented in Annex 5. 
2. It Is prohibited to affix to the explosives any marks which may be 
confused with the CE mark. However, any other mark may be affixed 
to the explosives provided that it does not reduce the visibility 
and legibility of the CE mark. 
The holder of a trade mark which was registered in a Member State 
before 30 June 1989 and actually used, but may be confused with 
the CE mark In meaning or design, may continue to use that 
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registered mark for a period of 10 years from the date of adoption 
of this text. 
3. Where a Member States or a notified body finds that the CE mark 
has been improperly affixed, the manufacturer, his authorized 
representative or, failing that, the person responsible for 
placing the product in question on the Community market shall be 
obliged to bring the product in line with the rules and to put an 
end to the Infringement under the conditions laid down by the 
Member State. Where Improper affixing of the mark may have 
serious consequences for safety or where non-compliance persists, 
the Member State shall take all the necessary measures to prohibit 
the placing on the market of the product In question or to ensure 
that It is withdrawn from the market." 
13. The following Article 6b is inserted: 
"Article 6b 
1. Where a Member State finds that an explosive which bears the CE 
mark and is being used In accordance with its intended purpose is 
likely to compromise safety, it shall take whatever provisional 
measures are necessary to withdraw that explosive from the market 
and to ban the sales and the free movement thereof. 
The Member State shall forthwith inform the Commission of this 
measure, stating the reasons for its decision, particularly if 
non-conformity is due to: 
- failure to comply with essential requirements, 
- improper application of the standards, or 
- a loophole in the standards. 
2. The Commission shall consult the parties concerned at the earliest 
opportunity. Where the Commission finds, following such 
consultation, that the measure is justified, it shall forthwith 
inform the Member State which has taken this initiative and the 
other Member States thereof. Where It finds, following such 
consultation, that the measure is unjustified, it shall forthwith 
inform the Member State that has taken this decision and the 
manufacturer or his authorized representative established In the 
Community thereof. 
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Where the decision referred to in paragraph 1 Is specifically 
prompted by a loophole In the standards, the Commission, after 
consulting the parties concerned, shall place the matter before 
the Standing Committee set up under Directive 83/189/EEC within a 
period of two months If the Member State that has taken the 
measures intends to continue to apply them and shall Initiate the 
procedures referred to in Article 5. 
3. Where an explosive which does not comply with the standards bears 
the CE mark of conformity, the competent Member State shall take 
appropriate measures against those responsible for drawing up the 
declaration and shall Inform the Commission and the other Member 
States thereof." 
14. Paragraphs 2, 3, 4 and 5 of Article 7 are amended as follows: 
"2. In order to transfer explosives, the person acquiring them must 
obtain an approval from the competent authority of the place of 
destination. The transit of explosives through the territories of 
Member States must be notified by the person responsible for the 
transfer to the competent authorities of those Member States. 
3. If the competent authorities of the Member State of destination 
approve the transfer, they shall issue to the person acquiring the 
explosives a document containing all the Information set out in 
paragraph 5. That document must accompany the explosives to the 
place of their destination. It must be produced whenever the 
competent authorities so request. A copy of that document shall 
be kept by the person acquiring the explosives, who shall produce 
It at the request of the competent authorities of the place of 
destination If they wish to persue it. 
4. Where the authorities of a Member State consider that special 
safety measures, such as those mentioned in paragraph 5, are 
unnecessary, explosives may be transferred within the territory of 
that Member State or part of that territory without advance 
provision of Information within the meaning of paragraph 5. The 
competent authority of the place of destination shall In such 
cases issue an approval valid for a determined period, but liable 
to suspension or withdrawal at any time on the basis of a reasoned 
decision. The document referred to in paragraph 3 which 
accompanies the explosives to their place of destination shall 
refer solely to such approval. 
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5. Where transfers of explosives require special checks in order to 
ensure that they comply with safety requirements in the territory 
or part of the territory of a Member State, the following 
information shall be Imparted prior to the transfer by the person 
acquiring the explosives to the competent authorities of the place 
of destination In the Member State to which the explosives are 
being transferred: 
- the names and addresses of the operators concerned. These 
particulars must be detailed enough to enable the operators to 
be contacted and confirmation to be obtained that the persons in 
question are officially authorized to receive the consignment; 
- the number and quantity of explosives being transferred; 
- a description of the explosive in question and of the means of 
ident ificat ion; 
- the means of transfer and the Itinerary; 
- the scheduled dates of departure and of arrival. 
The competent authorities of the place of destination shall 
examine the conditions under which the transfer is to take place, 
In particular with regard to the safety requirements. Where the 
safety requirements are met, the transfer shall be approved. In 
the event of transit through the territories of other Member 
States, these States shall likewise examine and approve the 
information on the transfer." 
15. The fol lowing Article 7a is inserted: 
"1. Munitions may be transferred from one Member State to another only 
in accordance with the procedure laid down In the following 
paragraphs. These provisions shall also apply In the case of 
transfers of munitions following a mall-order sale. 
2. Where munitions are to be transferred to another Member State, the 
person concerned shall, before such transfers take place, supply 
the following particulars to the Member State in which the 
munitions are located: 
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- the name and address of the vendor or transferor and of the 
purchaser or person acquiring the munitions and, where 
appropriate, of the owner; 
- the address to which the munitions are to be dispatched or 
transported; 
- the quantity of munitions making up the consignment or shipment; 
- the particulars enabling the munitions to be identified and, in 
addition, Information to the effect that they have been checked 
in accordance with the provisions set out in 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 particulars referred to in the last two indents need not be 
provided in the event of transfers between arms 
manufacturers/dealers. The Member State shall examine the 
conditions under which the transfer Is to be carried out, In 
particular with regard to security. Where the Member State 
authorizes the transfer, it shall issue a licence incorporating 
all the particulars referred to in the first Indent. Such licence 
must accompany the munitions until they reach their destination; 
It must be produced whenever the authorities of the Member States 
so require. 
3. Each Member State may grant arms manufacturers/dealers the right 
to effect transfers of munitions from Its territory to an arms 
manufacturer/dealer established in another Member state without 
prior authorization within the meaning of paragraph 2. To this 
end, It shall Issue an approval valid for a period of three years 
which may at any time be suspended or cancelled on the basis of a 
reasoned decision. A document referring to that approval must 
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accompany the munitions until they reach their destination. It 
must be produced whenever the authorities of the Member States so 
require. 
No later than the time of transfer, the arms manufacturers/dealers 
shall communicate to the authorities of the Member State from 
which the munitions are to be transferred all the particulars 
listed In the first Indent of paragraph 2. 
4. Each Member State shall provide the other Member States with a 
list of munitions in respect of which transfer to its territory 
may be authorized without prior agreement. Such lists of 
munitions shall be communicated to arms manufacturers/dealers who 
have obtained approval to transfer munitions without prior 
authorization under the procedure laid down in paragraph 3." 
5. Each Member State shall communicate all relevant information at 
Its disposal concerning definitive transfers of munitions to the 
Member State In the territory of which the destination of such 
transfers is located. 
6. The information received by the Member States under the procedures 
laid down In the preceding paragraphs of this Article shall be 
communicated, no later than the time of the transfer, to the 
Member State of destination and, where appropriate, no later than 
the time of transfer, to the Member States of transit." 
15. The end of Art Icle 8(1) Is amended as follows: 
"... and for applying the procedures referred to In Articles 7 and 7a." 
16. Article 11 is amended as follows: 
"Member States shall keep available for the other Member States and the 
Commission their information concerning undertakings in the explosives 
sector which possess a licence or an authorization such as referred to 
In Article 1(4). 
Member States shall determine whether such undertakings in the 
explosives sector possess a system for keeping track of explosives such 
that those In possession of explosives can be identified at any time. 
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The conditions of application of this paragraph shall be adopted in 
accordance with the Committee procedure set out in Article 10. 
The undertakings in question in the explosives sector shall keep such 
records of their transactions as are necessary to fulfil the 
obligations set out in this Article. 
The documents referred to In this Article must be kept for a minimum 
period of three years from the end of the calendar year In which the 
transaction recorded took place, even if the undertaking has ceased 
trading. The records must be kept readily available for inspection by 
the competent authorities at their request". 
16a.The following Article 12a is Inserted: 
"Each Member State shall shall adopt the measures necessary to enable 
the competent authorities to seize any product falling within the scope 
of this Directive If adequate proof exists that such product will be 
unlawfully acquired, used or traded." 
17. Article 13 is amended as follows: 
1. Member States shall bring Into force the provisions necessary to 
comply with Articles 7, 7a, 8, 9 and 10 before [date of 
publication In the Official Journal]. 
2. Member States shall adopt and publish the laws, regulations and 
administrative provisions necessary to comply with the provisions 
other than those mentioned in paragraph 1 of this Article before 
[31 December 1994]. They shall forthwith Inform the Commission 
thereof. They shall apply these provisions as from 
[1 January 1995]. 
3. However, Member States shall permit, for the period up to 
[31 December 2002], the placing on the market of explosives 
complying with the national regulations In force In their 
territories on the date of this Directive's adoption. 
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4. When these provisions are adopted by the Member States, they shall 
contain a reference to this Directive or shall be accompanied by 
such reference at the time of their official publication. The 
procedure for such reference shall be adopted by Member States; 
5. Member States shall communicate to the Commission the texts of the 
provisions of national law which they adopt in the field governed 
by this Direct ive. 
18. Annexes 1 and 2 are amended as follows: 
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"ANNEX 1 
LIST OF EXPLOSIVES 
Category 1: Explosive materials and articles1 
1.11 Category 1 comprises: 
(a) Explosive materials (a material which, while not itself explosive, 
may form an explosive mixture if present in the form of a gas, 
vapour or dust, does not fall within Category 1) except those 
which are too dangerous to be transported and those whose main 
risk falls within another category; 
(b) explosive articles, except for devices containing explosive 
materials In quantity or of a type such that, If Ignited or 
activated In error or by accident during transport, they do not 
produce any discharge, fire, smoke, heat or intense noise outside 
the device; and 
(c) materials and articles not mentioned in (a) or (b) above which are 
manufactured for the purpose of producing a practical effect 
Involving an explosion or pyrotechnics. 
1.11.1 The transport of explosive materials which are so sensitive or 
reactive that they are subject to spontaneous reaction Is 
prohibited. 
1.11.2 For the purposes of this Annex: 
(a) "Explosive material" means a material (or a mixture of materials), 
solid or liquid, which can itself, by chemical reaction, emit 
gases at a temperature and pressure and at a speed which are such 
that damage Is caused to the surrounding area; pyrotechnic 
Text reproduced from the "United Nations Recommendations on the 
Transport of Dangerous Goods, including Explosives (Category 1 
thereof)". 
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materials are included in this definition even if they do not emit 
gases; 
(b) "pyrotechnic material" means a material (or a mixture of 
materials) intended to produce heat, light, sound, gas or smoke or 
a combination of these as a result of non-detonating, 
self-sustained, exothermic chemical reactions; 
(c) "explosive article" means an article containing one or more 
explosive mater ials. 
1.12 Category 1 has six divisions: 
Division 1.1 - materials and articles presenting a rl,s.K„Qf, trass 
explosion (a "mass" explosion is an explosion which affects nearly 
the whole charge almost Instantaneously). 
Division 1.2,,T materi.aIs ,anti jet lc)e.s present ing Ahe rlsK M 
discharge, withguA r isK of, mags, explosion 
Division 1.3 -^materials and articles presenting a risk of fire 
with a slight rlsK of blast ,or of discharge or &t frctti, «without 
risk of mass explosion. This division comprises materials and 
art Icles: 
(a) whose combustion produces intense heat radiation; or 
(b) which burn one after the other with slight effects of blast or ©f 
discharge or of both. 
Division 1.4 - materials and articles not Presenting any notable 
r isks. This division comprises materials and articles which 
present only a slight risk when Ignited or activated during 
transport. The effects are mostly contained within the package 
and do not usually cause any discharge of sizeable fragments over 
a notable distance. Exposure to an external fire must not result 
In nearly all the contents of the package exploding almost 
instantaneously. 
NOTE - The materials and articles in this division - act or 
--^designed in such a way that any dangerous effect due to accidental 
operation remains contained within the packaging (unless the 
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packaging has been damaged by fire, in which case all effects of 
blast or discharge must be sufficiently small so as not to greatly 
hamper efforts to deal with the fire or other emergency action in 
the Immediate vicinity of the package) - are assigned to 
compatibility group S. 
Division 1.5 - materials of minimal sensitivity presenting a risk 
of mass explosion. This division comprises materials which 
present a risk of mass explosion, but are of such minimal 
sensitivity that there Is a very low probability of activation or 
of combustion followed by detonation under normal conditions of 
transport. 
NOTE - The probability of combustion followed by detonation Is 
higher when large quantities of material are transported on a 
ship. 
Division 1.6 - articles ofextremely low sensitivity not 
presenting any risk of mass explosion. This division comprises 
articles which contain detonating materials of extremely low 
sensitivity for which It has been established that there is a 
negligible probability of accidental activation or propagation. 
NOTE - Articles In Division 1.6 only present a risk of Isolated 
explosion. 
1.13 Category 1 Is unique in that the type of packaging often has 
a decisive effect on the risk and, consequently, on assignment to 
a particular division. The appropriate division is determined by 
the method described In Chapter 4. 
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ANNEX 2 
ESSENTIAL SAFETY REQUIREMENTS 
I . General reoulrements 
1. Each explosive must be designed, manufactured and supplied in such a 
way as to present a minimum risk to human life and health and to 
prevent damage to property and the environment under normal, 
foreseeable conditions, including those obtaining until such time as It 
Is used. 
2. Each explosive must attain the performance characteristics specified by 
the manufacturer in order to ensure the maximum attainable level of 
safety and reliability. 
3. Each explosive must be designed and manufactured in such a way that it 
can be disposed of in a safe and environmentally compatible manner in 
accordance with the state of technology. 
11. Special requirements 
1. In order to ensure compliance with the conditions set out In Section I 
above, at least the following properties must be considered and 
verified for each explosive where their relevance has been 
appropriately established: 
(a) Structure and characteristics, Including chemical composition, the 
level of homogeneity and, where appropriate, dimensions and 
grain-size distribution. 
(b) The chemical stability of the explosive at all temperatures to 
which It may be exposed. 
(c) Sensitivity to Impact and friction. 
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(d) Compatibility of all constituents in respect of their physical and 
chemical stabiIity. 
(e) The mechanical and chemical purity of the explosive. 
(f) The protection of the explosive against the effects of water where 
it is Intended to be used In a damp environment and where Its 
safety or reliability may be adversely affected by the action of 
water. 
(g) Stability at low and high temperatures where the explosive is 
intended to be used at such temperatures and Its reliability or 
safety may be adversely affected by the cooling or heating of a 
constituent or of the explosive as a whole. 
(h) The suitability of the explosive for use In environments deemed to 
be dangerous such as mines where firedamp is present, hot masses, 
etc., if it is intended to be used under such conditions. 
(I) Safety in respect of premature or inadvertent combustion or 
Ignition. 
(k) Reliable and complete detonation of the explosive when It is used 
for its intended purpose. 
(I) Instructions and, where they are necessary, markings relating to 
handling, storage, use and disposal must be provided In the 
language of the country of destination. 
(m) Any deterioration likely to be suffered by the explosives, their 
coverings or any other component during storage until the final 
date of use specified by the manufacturer. 
(n) Specification of all devices and accessories necessary to the 
reliable and safe functioning of the explosives. 
2. The various groups of explosives must also comply at least with the 
following requirements: 
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(A) Blasting explosives 
(a) The proposed method of Ignition must ensure safe, reliable and 
complete detonation of the blasting explosive. 
(b) Blasting explosives in cartridge form must transmit the detonation 
safely and reliably from one end of a column of cartridges to the 
other. 
(c) The gases produced by blasting explosives 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 and ventilation conditions. 
(B) Detonating cords and safety fuses 
(a) The covering of detonating cords and safety fuses must be of 
adequate mechanical strength and adequately protect the explosive 
when exposed to normal mechanical stresses. 
(b) The burning times of safety fuses must be Indicated. 
(c) Detonating cords must be capable of being reliably initiated, be 
of sufficient initiation capability and comply with the relevant 
requirements, even after storage under damp and warm conditions. 
(C) Electric and non-eiectrlc detonators (including delay elements) 
(a) Detonators must reliably initiate the detonation of the blasting 
explosives which are Intended to be used with them. 
(b) The Initiation capability must not be effected by humidity. 
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(c) The delay times of delay detonators must be sufficiently uniform 
to ensure that the delay times of adjacent time steps do not 
over lap. 
(d) The electrical characteristics of electric detonators must be 
indicated. 
(e) The wires of electric detonators must be of adequate mechanical 
strength. 
(D) Propeilant charges and solid rocket propel I ants 
(a) These materials must neither explode nor detonate when used for 
their intended purpose. 
(b) Propellants based on nitrocellulose must be stabilized against 
spontaneous decomposItIon. 
(c) Solid rocket propellants, when in compressed or cast form, must 
not contain either fissures or gas bubbles." 
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19. The following Annexes 3, 4 and 5 have been added: 
"ANNEX 3 
(1) Module B: EC type-examination 
1. This module describes that part of the procedure by which a notified 
body ascertains and attests that a specimen, representative of the 
production envisaged, meets the provisions of this Directive that apply 
to it. 
2. The application for the EC type-examination shall be lodged by the 
manufacturer or his authorized representative established within the 
Community with a notified body of his choice. 
The application shall Include: 
the name and address of the manufacturer and, If the application 
Is lodged by the authorized representative, his name and address 
in addition, 
a written declaration that the same application has not been 
lodged with any other notified body, 
the technical documentation, as described in point 3. 
The application shall place at the disposal of the notified body a 
specimen, representative of the production envisaged and hereinafter 
called "type". The notified body may request further specimens If 
needed for carrying out the test programme. 
3. The technical documentation shall enable the conformity of the product 
with the requirements of the Directive to be assessed. It shall, as 
far as relevant for such assessment, cover the design, manufacture and 
operation of the product and shall contain to the extent necessary for 
the assessment: 
a general type-description, 
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conceptual design and manufacturing drawings and schemes of 
components, sub-assemblies, circuits, etc., 
descriptions and explanations necessary for the understanding of 
said drawings and schemes 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 the said Article have not been applied, 
results of design calculations made, examinations carried out, 
etc., 
test reports. 
4. The notified body shall: 
4.1 examine the technical documentation, verify that the type has been 
manufactured In conformity with the technical documentation 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 shall be carried out. 
- 26 -
5. Where the type meets the relevant provisions of this Directive, 
the notified body shall Issue an EC type-examination certificate 
to the applicant. The certificate shall contain the name and 
address of the manufacturer, conclusions of the examination and 
the necessary data for Identification of the approved type. 
A list of the relevant parts of the technical documentation shall 
be annexed to the certificate and a copy kept by the notified 
body. 
If the manufacturer or his authorized representative established 
within the Community is denied a type certificate, the notified 
body shall provide detailed reasons for such denial. 
Provision shall be made for an appeals procedure. 
6. The applicant shall Inform the notified body that holds the 
technical documentation concerning the EC type-examination 
certificate of a 11 modificat ions of the approved product 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 shall communicate to the other not If led 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-examination certificates and/or their additions. The annexes 
to the certificates shall be kept at the disposal of the other 
notified bodies. 
9. The manufacturer or his authorized representative established 
within the Community shall keep with the technical documentation 
copies of EC type-examination certificates and their additions for 
a period ending at least two years after the last date on which 
the product was manufactured. 
- 27 -
Where neither the manufacturer nor his authorized representative 
is established within the Community, the obligation to keep the 
technical documentation available shall be the responsibility of 
the person who places the product of the Community market. 
2. Module Ç: conformity to type 
1. This module describes that part of the procedure whereby the 
manufacturer 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 applied to them. The manufacturer shall affix the 
CE mark to each explosive and draw up a written dec I at ion of 
conformity. 
2. The manufacturer shall take all measures necessary to ensure that 
the manufacturing process assures compliance of the manufactured 
products with the type as described In the EC type-examination 
certificate. 
3. The manufacturer or his authorized representative shall keep a 
copy of the declaration of conformity for a period ending at least 
ten years after the last date on which the product was 
manufactured. 
Where neither the manufacturer nor his authorized representative 
Is established within the Community, the obligation to keep the 
technical documentation available shall be the responsibility of 
the person who places the product on the Community market. 
4. A notified body chosen by the manufacturer shall carry out or have 
carried out product checks at random intervals. An adequate 
sample of the final products, taken on site by the notified body, 
shall be examined and appropriate tests as set out in the relevant 
standard(s) referred to in Article 4, or equivalent tests, shall 
be carried out to check the conformity of production with the 
relevant requirements of the Directive. In those cases where one 
or more specimens of the products checked do not conform, the 
notified body shall take appropriate measures. 
- 28 -
3. Module D: Production nuailtv assurance 
1. This module describes the procedure whereby the manufacturer who 
satisfies the obligations of point 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 shall affix the 
CE mark to each explosive and draw up a written declaration of 
conformity. The CE mark shall be accompanied by the 
Identification symbol of the notified body responsible for the 
monitoring as specified in point 4. 
2. The manufacturer shall operate an approved quality system for 
production, final product inspection and testing as specified In 
point 3 and shall be subject to monitoring as specified in 
point 4. 
3. Quality system 
3.1 The manufacturer shall lodge an application for assessment of his 
quality system with a notified body of his choice, for the 
explosives concerned. 
The application shall Include: 
- all relevant Information for the product category envisaged, 
- the documentation concerning the quality system, 
- the technical documentation of the approved type and a copy of 
the EC type-examination certificate. 
3.2 The quality system shall ensure compliance 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. 
Ail the elements, requirements and provisions adopted by the 
manufacturer shall be documented in a systematic and orderly 
manner in the form of written policies, procedures and 
Instructions. The quality system documentation must permit 
- 29 -
a consistent Interpretation of the quality programmes, plans, 
manuals and records. 
It shall contain in particular an adequate description of: 
- the quality objectives and the organizational structure, 
responsibilities and powers of the management with regard to the 
explosives' qua Iity, 
- 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, 
calibration data, qualification reports of the personnel 
concerned, etc., 
- the means to monitor the achievement of the required quality of 
the explosives and the effective operation of the quality 
system. 
3.3 The notified body shall assess the quality system to determine 
whether It satisfies the requirements referred to in point 3.2. 
it shall presume conformity with these requirements In respect of 
quality systems that Implement the relevant harmonized standard. 
The auditing team shall have at least one member with experience 
of evaluation In the product technology concerned. The evaluation 
procedure shall Include an Inspection visit to the manufacturer's 
premises. 
The decision shall be notified to the manufacturer. The 
notification shall contain the conclusions of the examination and 
the reasoned assessment decision. 
3.4 The manufacturer shall undertake to fulfil the obligations arising 
out of the quality system as approved and to uphold It so that it 
remains adequate and efficient. 
- 30 -
The manufacturer or his authorized representative shall keep the 
notified body that has approved the quality system informed of any 
intended updating of the quality system. 
The notified body shall evaluate the modifications proposed and 
decide whether the amended quality system will still satisfy the 
requirements referred to in paragraph 3.2 or whether a 
re-assessment is required. 
It shall notify its decision to the manufacturer. The 
notification shall contain the conclusions of the examination and 
the reasoned assessment decision. 
4. Surveillance under the responsibility of the notified body. 
4.1 The purpose of surveillance is to make sure that the manufacturer 
duly fulfils the obligations arising out of the approved quality 
system. 
4.2 The manufacturer shall allow the notified body entrance for 
Inspection purposes to the locations of manufacture, Inspection 
and testing, and storage and shall provide it with all necessary 
Information, In particular: 
- the quality system documentation, 
the quality records, such as inspection reports and test data, 
calibration data, qualification reports of the personnel 
concerned, etc. 
4.3 The notified body shall periodically carry out audits to make sure 
that the manufacturer maintains and applies the quality system and 
shall provide an audit report to the manufacturer. 
4.4 Additionally, the notified body may pay unexpected visits to the 
manufacturer. During such visits, the notified body may carry 
out, or cause to be carried out, tests to verify that the quality 
system Is functioning correctly, If necessary. The notified body 
shall provide the manufacturer with a visit report and, If a test 
has taken place, with a test report. 
- 31 -
5. The manufacturer shall, for a period ending at least ten years 
after the last date on which the product was manufactured, keep at 
the disposal of the national authorities: 
- the documentation referred to In the second Indent of point 3.1, 
- the updating referred to In the second paragraph of point 3.4, 
- the decisions and reports from the notified body which are 
referred to In the final paragraph of point 3.4, points 4.3 and 
4.4. 
6. Each notified body shall give the other notified bodies the 
relevant information concerning the quality system approvals 
Issued and withdrawn. 
4. Module E; Product quality assurance 
1. This module describes the procedure whereby the manufacturer who 
satisfies the obligations of point 2 ensures and declares that the 
explosives concerned are In conformity with the type as described 
in the EC type-examination certificate. The manufacturer shall 
affix the CE mark to each explosive and draw up a written 
declaration of conformity. The CE mark shall be accompanied by 
the Identification symbol of the notified body responsible for 
surveillance as specified In point 4. 
2. The manufacturer shall operate an approved quality system for 
final inspection and testing of the explosives as specified in 
point 3 and shall be subject to surveillance as specified In 
point 4. 
3. Quality system 
3.1 The manufacturer shall lodge an application for assessment of his 
quality system for the explosives concerned with a notified body 
of his choice. 
The application shall include: 
- all relevant Information for the category of explosives 
envisaged, 
- 32 -
- the quality system documentation, 
- the technical documentation of the approved type and a copy of 
the EC type-examination certificate. 
3.2 Under the quality system, each explosive shall be examined and 
appropriate tests as set out in the relevant standard(s) referred 
to in Article 5 or equivalent tests shall be carried out in order 
to ensure Its conformity with the relevant requirements of the 
Directive. All the elements, requirements and provisions adopted 
by the manufacturer shall be documented in a systematic and 
orderly manner In the form of written policies, procedures and 
Instructions. This quality system documentation shall ensure a 
common understanding of the quality programmes, plans, manuals and 
records. 
It shall contain in particular an adequate description of: 
- the quality objectives and the organizational structure, 
responsibilities and powers of the management with regard to 
product qua IIty, 
- the examinations and tests that will be carried out after 
manufacture, 
- the means to monitor 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 shall assess the quality system to determine 
whether It satisfies the requirements referred to in point 3.2. 
It shall presume conformity with these requirements In respect of 
quality systems that Implement the relevant harmonized standard. 
The auditing team shall have at least one member experienced as 
- 33 -
an assessor in the product technology concerned. The assessment 
procedure shall include an assessment visit to the manufacturer's 
premises. 
The decision shall be notified to the manufacturer. The 
notification shall contain the conclusions of the examination and 
the reasoned assessment decision. 
3.4 The manufacturer shall undertake to discharge the obligations 
arising out of the quality system as approved and to maintain it 
in an appropriate and efficient manner. 
The manufacturer or his authorized representative shall keep the 
notified body which has approved the quality system Informed of 
any intended updating of the quality system. 
The notified body shall evaluate the modifications proposed and 
decide whether the modified quality system will still satisfy the 
requirements referred to in point 3.2 or whether a re-assessment 
is required. 
It shall notify Its decision to the manufacturer. The 
notification shall contain the conclusion- of the examination and 
the reasoned assessment decision. 
4. Surveillance under the responsibility of the notified body 
4.1 The purpose of surveillance is to make sure that the manufacturer 
duly fulfils the obligations arising out of the approved quality 
system. 
4.2 The manufacturer shall allow the notified body entrance for 
inspection purposes to be locations of inspection, testing and 
storage and shall provide it with all necessary information, in 
part icular: 
- the quality system documentation, 
- the technical documentation, 
- the quality records, such as Inspection reports and test data, 
calibration data, qualification reports of the personnel 
concerned, etc. 
- 34 -
4.3 The notified body shall periodically carry out audits to ensure 
that the manufacturer maintains and applies the quality system and 
- 35 -
shall provide an audit report to the manufacturer. 
4.4 Additionally, the notified body may pay unexpected visits to the 
manufacturer. At the time of such visits, the notified body may 
carry out tests or have them carried out In order to check the 
proper functioning of the quality system where necessary; It shall 
provide the manufacturer with a visit report and, If a test has 
been carried out, with a test report. 
5. The manufacturer shall, for a period ending at least ten years 
after the last date on which the product was manufactured, keep at 
the disposal of the national authorities: 
- the documentation referred to In the third Indent of point 3.1, 
- the updating referred to in the second paragraph of point 3.4, 
- the decisions and reports from the notified body which are 
referred to in the final paragraph of point 3.4, points 4.3 and 
4.4. 
6. Each notified body shall forward to the other notified bodies the 
relevant information concerning the quality system approvals 
issued and withdrawn. 
5. Module G; Unit verification 
1. This module describes the procedure whereby the manufacturer 
ensures and declares that the explosive concerned, which has been 
Issued with the certificate referred to In point 2, conforms to 
the requirements of the Directive that apply to It. The 
manufacturer shall affix the CE mark to the explosive and draw up 
a declaration of conformity. 
2. The notified body shall examine the explosive and carry out the 
appropriate tests as set out In the relevant standard(s) referred 
to in Article 6, or equivalent tests, to ensure Its conformity 
with the relevant requirements of the Directive. 
The notified body shall affix, or cause to be affixed, Its 
identification symbol to the approved explosive and shall draw up 
a certificate of conformity concerning the tests carried out. 
- 36 -
3. The aim of the technical documentation is to enable conformity 
with the requirements of the Directive to be assessed and the 
design, manufacture and operation of the explosive to be 
understood. 
The documentation shall contain so far as relevant for assessment: 
- 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 
protection apparatus or 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 where the standards referred to 
in Article 4 have not been applied; 
- results of design calculations made, examinations carried out 
etc. ; 
- test reports. 
ANNEX 4 
Minimum criteria to be taken Into account bv the Member States 
for the notification of bodies 
1. The body, Its manager and the personnel responsible for performing the 
verification operations may not be the designer, the constructor, the 
supplier, the installer of the explosives which they examine or the 
- 37 -
authorized representative of any one of these persons. They may not 
Intervene either directly or as authorized representatives In the 
design, the construction, the marketing or the maintenance of these 
explosives. This does not preclude the possibility of an exchange of 
technical information between the constructor and the body. 
2. The body and the personnel responsible for the examination must carry 
out the verification operations with the greatest professional 
integrity and the greatest technical competence and must be free of all 
pressures and incentives, in particular of a financial nature, that 
might Influence their judgment or the results of their examination, 
particularly from persons or groups of persons interested In the 
results of the verifications. 
3. The body must possess both the personnel and the resources necessary to 
accomplish adequately the technical and administrative tasks associated 
with the performance of verifications; It must also have access to the 
equipment necessary for exceptional verifications. 
4. The personnel responsible for examinations must possess: 
proper technical and professional training, 
satisfactory knowledge of the procedures to be applied to the 
examinations they perform and sufficient experience of such 
examinations, 
the ability to prepare certificates, records and reports setting 
out the results of the examinations performed. 
5. The independence of the personnel responsible for the examination must 
be assured. The remuneration of each staff member must not depend 
either on the number of examinations he performs or on the results of 
such examinations. 
6. The body must take out an insurance policy covering third-party 
liability unless such liability Is covered by the State on the basis of 
national law or the examinations are performed directly by the 
Member State. 
- 38 -
7. The staff members of the body shall be bound by professional secrecy 
(save in respect of the competent administrative authorities of the 
State where they perform their activities) under this Directive or 
under any provision of national law giving effect to this Directive. 
- 39 -
ANNEX 5 
Mark of conformity 
The mark of conformity shall comprise the symbol CE as shown below and the 
two last digits of the year in which the mark was affixed. 
Where the mark is increased or reduced in size, the proportions indicated 
in respect of the design presented above must be compiled with." 

- 40 -
ANNEX 
Commission's position regarding the amendments that were not adopted 
Amendment No 1 : amends the title of the text to: 
"Proposal for a Council ReoulatIon ..." 
Commission's position 
The Regulation formula does have advantages; it enables Community rules to 
enter into force more rapidly and to be applied in a more homogeneous 
manner. However, it requires that the procedures for the application of 
the Community standard be set out In detail. Since this aspect was not 
taken into account in the Directive's preparatory phase, It was not 
possible to adopt the Regulation formula. 
Amendment No 4: in the 6th recital, the term "very useful" is replaced by 
"essential" 
Commission's position 
Within the framework of the "new approach", the conformity of products Is 
assessed in relation to the "essential requirements". The standards are 
only a means of facilitating the process of demonstrating compliance with 
the essential requirements. In this sense, they are "very useful" but not 
essent ial. 
Amendment no 5: in the 7th recital, deletes the wording "and must retain 
their status as non-mandatory (voluntary) standards". 
- 41 -
Commission's position 
Within the framework of the "new approach", it is the essential 
requirements which are mandatory, and not the standards. The latter are 
only a means of ensuring compliance with the essential requirements. 
Amendment No 6: introduces an 8th recital a, as follows: 
"Whereas the "Seveso" Directive should be amended to cover explosives 
companies" 
Commission's position 
It Is true, to be sure, that the Commission (DG XI) Is working on an 
amendment to the "Seveso" Directive along these lines. However, such a 
decision has not yet been taken by the Commission. The amendment Is hence 
premature. Furthermore, it would be out of place in an "internal market" 
DirectIve. 
Amendment No 12: amends Article 4 as follows 
"authorizations to place explosives on the market which have been granted 
in a Member State pursuant to this Regulation shall be accepted by the 
other Member States as marketing authorizations which are valid within 
their territories." 
Commission's position 
In this instance, account must be taken of the fact that explosives do not 
form a sector in which acceptance procedures can be automatic. Factors 
associated with specific uses, for example, may have to be taken Into 
account. For this reason, the formula of automatic acceptance proposed by 
Parliament cannot be adopted. 
- 42 -
Amendment No 18: modifies Article 8 by providing, in particular, that the 
Member States should set up information exchange networks for the 
implementation of this Directive no later than 31 December 1993 (and not 
1992). 
Commission's position 
This Directive is one of the instruments necessary to the abolition of 
frontier controls; for this reason, the arrangements for cooperation 
between national administrations must enter into effect on 
31 December 1992. 
Amendment No 19: adds the following sentence to Article 9: 
"These amendments shall not seek to alter the scope of this Regulation." 
Commission's position 
The scope of this Directive Is defined by reference to the contents of the 
United Nations Recommendations on the Transport of Dangerous Goods. If 
these Recommendations are amended, it must be possible to adapt the 
contents of the Directive accordingly without excessive delay. 
Amendment No 21 : deletes Article 14 
Commission's position 
The same comment applies here as in the case of amendment No 1. 
Amendment No 23: adds a third Indent a to Annex 2: 
- 43 -
"the conditions under which the explosive can be used and the steps to be 
taken In the event of an accident". 
Commission's position 
The manufacturer's declaration is linked with the placing of the explosive 
on the market. It is therefore not possible to consider it as an 
instrument for verifying either the use or the transport conditions. 

ISSN 0254-1475 
COM(92) 524 final 
DOCUMENTS 
EN 06 
Catalogue number : CB-CO-92-546-EN-C 
ISBN 92-77-50403-X 
Office for Official Publications of the European Communities 
L-2985 Luxembourg