rOS^ COMMISSION OF THE EUROPEAN COMMUNITIES 
C0M(93) 133 final - SYN 409 
Brussels, 5 ApriI 1993 
Re-examined proposal for a 
COUNCIL DIRECTIVE 
on the harmonization of the provisions relating to the placing on the market 
and supervision of explosives for civil uses 
(presented by the Commission pursuant to Article 149.2(d) 
of the EEC treaty) 
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EXPLANATORY MEMORANDUM 
On 9 March 1993 the European Parliament amended the Council common position 
adopted on 16 December 1992 on the proposal referred to above. 
In pursuance of Article 149(2)(d) of the EEC Treaty the Commission 
reexamined its proposal and decided to accept the three amendments adopted 
by the Par I lament. 
This proposal takes account of the amendments desired by the European 
Parliament which the Commission was able to accept. 
These amendments are acceptable for the following reasons: 
- the first two amendments would bring the wording of the proposal on 
explosives into line with that relating to the CE mark which has been 
submitted for adoption and which Is horizontal in scope; 
- the third amendment would include the reference to the advisory committee 
as proposed by the Commission In Its original proposal. 
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REEXAMINED PROPOSAI FOR A COUNCIL DIRECTIVE 
on the harmonization of the provisions relating to the placing on the market 
and supervision of explosives for civil uses 
1. Article 6(2), first paragraph, should be amended as follows: 
"Member States shall notify the Commission and the other Member States of 
the bodies which they have designated to carry out conformity assessment. 
For Information purposes the Commission shall assign them Identification 
numbers. The Commission shall publish In the Official Journal of the 
European Communities a list of the bodies of which it has been notified 
and the identification numbers assigned to them, and shall update it 
regularly. 
2. Article 7(3) shall be amended as follows: 
"(a) Without prejudice to the provisions of Article 8. should a 
Member State discover any unauthorized affixing of the CE mark, the 
manufacturer or his agent or the person responsible for placing the 
product in question on the Community market shall be obliged to 
restore the product to conformity and terminate the Infringement 
under the conditions laid down by the Member State. 
(b) If unauthorized affixing may have serious consequences for safety, 
or If non-conformity persists, the Member State shall take suitable 
measures to prohibit the placing on the market of the product 
concerned or ensure that It Is withdrawn from the market In 
accordance with the procedures provided for In Article 8." 
3. Article 13 shall be amended as follows: 
"The Commission shall be assisted by a commltteean of an advisory nature 
composed of representatives of the Member States and chaired by a 
representative of the Commission. 
The representative of the Commission shall submit to the Committee a 
draft of the measures to be taken. The Committee shall deliver its 
opinion on the draft within a time limit which the Chairman may lay down 
according to the urgency of the matter, If necessary bv taking a vote. 
The opinion shall be entered In the minutes: In addition each Member 
State shall have the right to ask to have Its position recorded in the 
minutes. 
The Commission shall take the utmost account of the opinion delivered by 
the Committee. It shall inform the Committee of the manner in which its 
opinion has been taken into account." 

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ISSN 0254-1475 
COM (93) 133 final 
DOCUMENTS 
EN 06 
Catalogue number : CB-CO-93-158-EN-C 
ISBN 92-77-54069-9 
Office for Official Publications of the European Communities 
L-2985 Luxembourg