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
Date: 1992-12-16
Institutions: European Commission
Subjects: explosive, free movement of goods, harmonisation of standards, preparation for market, safety standard, transport of dangerous goods

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 

-  2 -

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. 

- 3 -

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 

-  4 -

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 
3 

OJ  No L 380, 31.12.1990 
OJ  No L 256, 13.9.1991. 

5  -

"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; 

- 6 -

-  "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 

-  7  -

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. 

A r t i c le  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. 

-  8  -

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). 

-  9  -

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 

-  10  -

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. 

-  11  -

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. 

4. 

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. 

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. 

-  12  -

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: 

-  13 -

-  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 

-  14 -

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. 

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." 

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. 

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." 

4. 

5. 

6. 

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. 

-  15  -

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. 

2. 

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]. 

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. 

- 16 -

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: 

- 17 -

"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)". 

-  18 -

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 j et  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 

-  19  -

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. 

-  20  -

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. 

-  21 

(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: 

(A)  Blasting  explosives 

-  22  -

(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. 

-  23  -

(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." 

-  24  -

19. The  following Annexes  3, 4 and  5 have  been  added: 

(1) Module  B:  EC  type-examination 

"ANNEX  3 

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, 

-  25 -

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. 

7. 

8. 

9. 

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. 

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. 

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. 

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. 

2. 

3. 

4. 

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. 

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. 

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. 

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. 

3.  Module  D:  Production  nuailtv  assurance 

-  28 -

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 

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