Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the harmonisation of the laws of the Member States  relating to the   making available  on the market and supervision of explosives for civil uses
Date: 2011-11-21
Institutions: European Commission
Subjects: EC conformity marking, fireworks, market supervision, marketing standard, product safety, safety standard, technical standard

EUROPEAN COMMISSION 

Brussels, 21.11.2011 
COM(2011) 771 final 

2011/0349 (COD) 

NEW LEGISLATIVE FRAMEWORK (NLF) ALIGNMENT PACKAGE 
(Implementation of the Goods Package) 

Proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

on the harmonisation of the laws of the Member States  relating to the   making 
available  on the market and supervision of explosives for civil uses 

(Recast) 

(Text with EEA relevance) 

EN 

   EN 

 
 
 
  
 
EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

General context, reasons for and objectives of this proposal  

This proposal is presented in the framework of the implementation of the “goods package” 
adopted  in  2008.  It  is  part  of  a  package  of  proposals  aligning  ten  product  directives  to 
Decision No 768/2008/EC establishing a common framework for the marketing of products. 

Union (EU) harmonisation legislation ensuring the free movement of products has contributed 
considerably to the completion and operation of the Single Market. It is based on a high level 
of  protection  and  provides  economic  operators  with  the  means  to  demonstrate  conformity, 
thus ensuring free movement through trust in the products.  

Council  Directive  93/15/EEC  on the  harmonization  of  the  provisions  relating  to  the  placing 
on  the  market  and  supervision  of  explosives  for  civil  uses  is  an  example  of  that  Union 
harmonisation  legislation,  ensuring  the  free  movement  of  explosives.  It  sets  out  essential 
safety requirements that explosives must comply with in order to be made available on the EU 
market.  Manufacturers  must  demonstrate  that  an  explosive  has  been  designed  and 
manufactured in compliance with the essential safety requirements and affix the CE marking.  

Experience  with  the  implementation  of  Union  harmonisation  legislation  has  shown  –  on  a 
cross-sector  scale  –  certain  weaknesses  and  inconsistencies  in  the  implementation  and 
enforcement of this legislation, leading to: 

–  the  presence  of  non-compliant  or  dangerous  products  on  the  market  and  consequently  a 

certain lack of trust in CE marking; 

–  competitive  disadvantages  for  economic  operators  complying  with  the  legislation  as 

opposed to those circumventing the rules; 

–  unequal  treatment  in  the  case  of  non-compliant  products  and  distortion  of  competition 

amongst economic operators due to different enforcement practices; 

–  differing  practices  in  the  designation  of  conformity  assessment  bodies  by  national 

authorities; 

–  problems with the quality of certain notified bodies. 

Furthermore the regulatory environment has become more and more complex, as frequently 
the  same  product. 
several  pieces  of 
Inconsistencies  in  these  pieces  of  legislation  make  it  increasingly  difficult  for  economic 
operators and authorities to correctly interpret and apply that legislation. 

legislation  apply  simultaneously 

to  one  and 

To remedy these horizontal shortcomings in Union harmonisation legislation observed across 
several industrial sectors, the “New Legislative Framework” was adopted in 2008 as part of 
the  goods  package.  Its  objective  is  to  strengthen  and  complete  the  existing  rules  and  to 
improve  practical  aspects  of  their  application  and  enforcement.  The  New  Legislative 
Framework  (NLF)  consists  of  two  complementary  instruments,  Regulation  (EC)  No 

EN 

2 

   EN 

765/2008  on  accreditation  and  market  surveillance  and  Decision  No  768/2008 
establishing a common framework for the marketing of products. 

The  NLF  Regulation  has  introduced  rules  on  accreditation  (a  tool  for  the  evaluation  of 
competence  of  conformity  assessment  bodies)  and  requirements  for  the  organisation  and 
performance  of  market  surveillance  and  controls  of  products  from  third  countries.  Since  1 
January 2010 these rules apply directly in all Member States. 

The NLF Decision sets out a common framework for EU product harmonisation legislation. 
This  framework  consists  of  the  provisions  which  are  commonly  used  in  EU  product 
legislation  (e.g.  definitions,  obligations  of  economic  operators,  notified  bodies,  safeguard 
mechanisms,  etc.).  These  common  provisions  have  been  reinforced  to  ensure  that  the 
directives  can  be  applied  and  enforced  more  effectively  in  practice.  New  elements,  such  as 
obligations on importers, have been introduced, which are crucial for improving the safety of 
products on the market.  

The provisions of the NLF Decision and those of the NLF Regulation are complementary and 
closely  interlinked.  The  NLF  Decision  contains  the  corresponding  obligations  for  economic 
operators  and  notified  bodies  allowing  market  surveillance  authorities  and  authorities 
responsible  for  notified  bodies  to  properly  perform  the  tasks  imposed  on  them  by  the  NLF 
Regulation and to ensure an effective and consistent enforcement of EU product legislation.  

However,  unlike  the  NLF  Regulation,  the  provisions  of  the  NLF  Decision  are  not  directly 
applicable.  To  ensure  that  all  economic  sectors  subject  to  Union  harmonisation  legislation 
benefit  from  the  improvements  of  the  NLF,  the  provisions  of  the  NLF  Decision  need  to  be 
integrated into the existing product legislation. 

A survey after  the adoption  of  the  goods package  in  2008  showed  that  a  majority  of  Union 
harmonisation legislation on products was due to be revised within the following 3 years, not 
only  to  address  the  problems  observed  throughout  all  sectors  but  also  for  sector-specific 
reasons.  Any  such  revision  would  automatically  include  an  alignment  of  the  legislation 
concerned to the NLF Decision since Parliament, Council and Commission have committed 
themselves to use its provisions as much as possible in future legislation on products in order 
to further the utmost coherence of the regulatory framework. 

For  a  number  of  other  Union  harmonisation  directives,  including  Council  Directive 
93/15/EEC on the harmonization of the provisions relating to the placing on the market and 
supervision  of  explosives  for  civil  uses  no  revision  for  sector-specific  problems  had  been 
envisaged within this  timeframe.  To  ensure that the problems in relation to non-compliance 
and notified bodies are nevertheless addressed in these sectors, and for the sake of consistency 
of  the  overall  regulatory  environment  on  products,  it  was  decided  to  align  these  directives 
within a package to the provisions of the NLF Decision. 

Consistency with other policies and objectives of the Union 

This initiative is in line with the Single Market Act1, which has stressed the need to restore 
consumer  confidence  in  the  quality  of  products  on  the  market  and  the  importance  of 
reinforcing market surveillance. 

1 

Communication  from  the  Commission  to  the  European  Parliament,  the  Council,  the  Economic  and 
Social Committee and the Committee of the Regions, COM(2011) 206 final. 

EN 

3 

   EN 

                                                 
Furthermore it supports the Commission’s policy on Better Regulation and simplification of 
the regulatory environment. 

2. 

CONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESSMENT 

Consultation of interested parties 

The  alignment  of  Council  Directive  93/15/EEC  on  the  harmonization  of  the  provisions 
relating to the placing on the market and supervision of explosives for civil uses to the NLF 
Decision has been discussed with the national experts responsible for the implementation of 
this  Directive  in  the  explosives  working  group,  the  Forum  of  notified  bodies  as  well  as  in 
bilateral meetings with industry associations. 

From June to October 2010 a public consultation was organised that comprised all the sectors 
involved in this initiative. It consisted of four targeted questionnaires for economic operators, 
authorities, notified bodies and users and the Commission services received 300 replies. The 
results are published at: 

http://ec.europa.eu/enterprise/policies/single-market-goods/regulatory-policies-common-
rules-for-products/new-legislative-framework/index_en.htm 

In addition to the general consultation a specific SME consultation was carried out. 603 SMEs 
were  consulted  through  the  Enterprise  Europe  Network  in  May/June  2010.  The  results  are 
available  at  http://ec.europa.eu/enterprise/policies/single-market-goods/files/new-legislative-
framework/smes_statistics_en.pdf 

The consultation process revealed widespread support for the initiative. There is unanimity on 
the need to improve market surveillance and the system for assessing and monitoring Notified 
Bodies.  Authorities  fully  support  the  exercise  because  it  will  strengthen  the  existing  system 
and  improve  cooperation  at  EU  level.  Industry  expects  a  more  level  playing  field  resulting 
from more effective actions against products that do not comply with the legislation, as well 
as a simplification effect from the alignment of legislation. Certain concerns were expressed 
on some obligations which are, however, indispensable for increasing the efficiency of market 
surveillance.  These  measures  will  not  entail  significant  costs  for  industry,  and  the  benefits 
resulting from improved market surveillance should by far outweigh the costs.  

Collection and use of expertise 

The  impact  assessment  for  this  implementation  package  has  largely  built  on  the  impact 
assessment  carried  out  for  the  New  Legislative  Framework.  In  addition  to  the  expertise 
collected  and  analysed  in  that  context,  further  consultation  of  sector-specific  experts  and 
interest  groups,  as  well  as  horizontal  experts  active  in  the  area  of  technical  harmonisation, 
conformity assessment, accreditation and market surveillance, has taken place. 

Impact assessment 

Based on the information collected, the Commission carried out an impact assessment which 
examined and compared three options. 

Option 1 – No changes to the current situation 

EN 

4 

   EN 

This  option  proposes  no  changes  to  the  current  directive  and  relies  exclusively  on  certain 
improvements that can be expected from the NLF Regulation. 

Option 2 – Alignment to the NLF Decision by non-legislative measures 

Option 2 considers the possibility of encouraging a voluntary alignment to the provisions set 
out in the NLF Decision by, e.g., presenting them as best practices in guidance documents. 

Option 3 – Alignment to NLF Decision by legislative measures 

This  option  consists  in  integrating  the  provisions  of  the  NLF  Decision  into  the  existing 
directives. 

Option 3 was found to be the preferred option because: 

–  it  will  improve  the  competitiveness  of  companies  and  notified  bodies  taking  their 

obligations seriously, as opposed to those cheating on the system; 

–  it  will  improve  the  functioning  of  the  internal  market  by  ensuring  equal  treatment  of  all 

economic operators, notably importers and distributors, as well as notified bodies; 

–  it  does  not  entail  significant  costs  for  economic  operators  and  notified  bodies;  for  those 
who are already acting responsibly, no extra costs or only negligible costs are expected; 

–  it is considered more effective than option 2: due to the lack of enforceability of option 2 it 

is questionable that the positive impacts would materialise under that option; 

–  options 1 and 2 do not provide answers to the problem of inconsistencies in the regulatory 
framework  and  therefore  have  no  positive  impact  on  the  simplification  of  the  regulatory 
environment. 

3. 

MAIN ELEMENTS OF THE PROPOSAL 

Horizontal definitions 

The  proposal  introduces  harmonised  definitions  of  terms  which  are  commonly  used 
throughout  Union  harmonisation  legislation  and  should  therefore  be  given  a  consistent 
meaning throughout that legislation. 

3.1. 

Obligations of economic operators and traceability requirements 

The  proposal  clarifies  the  obligations  of  manufacturers  and  authorised  representatives  and 
introduces  obligations  for  importers  and  distributors.  Importers  must  verify  that  the 
manufacturer has carried out the applicable conformity assessment procedure and has drawn 
up  a  technical  documentation.  They  must  also  make  sure  with  the  manufacturer  that  this 
technical  documentation  can  be  made  available  to  authorities  upon  request.  Furthermore 
importers  must  verify  that  the  explosives  are  correctly  marked  and  accompanied  by  the 
required  instructions  and  safety  information.  They  must  keep  a  copy  of  the  Declaration  of 
conformity  and  ensure  that  the  explosives  bear  a  unique  identification  in  accordance  with 
Directive 2008/43/EC. Distributors must verify that the explosive bears the CE marking, the 
unique  identification  and  that  it  is  accompanied  by  the  required  documentation  and 
instructions. 

EN 

5 

   EN 

Importers  and  distributors  must  cooperate  with  market  surveillance  authorities  and  take 
appropriate actions when they have supplied non-compliant explosives. 

3.2. 

Harmonised standards 

Compliance  with  harmonised  standards  provides  a  presumption  of  conformity  with  the 
essential requirements. On 1 June 2011 the Commission adopted a proposal for a Regulation 
on  European  Standardisation2  that  sets  out  a  horizontal  legal  framework  for  European 
standardisation.  The  proposal  for  the  Regulation  contains  inter  alia  provisions  on 
standardisation requests from the Commission to the European Standardisation Organisations, 
on the procedure for objections to harmonised standards and on  stakeholder participation in 
the standardisation process. Consequently the provisions of Directive 93/15/EEC which cover 
the same aspects have been deleted in this proposal for reasons of legal certainty. 

The  provision  conferring  presumption  of  conformity  to  harmonised  standards  has  been 
modified to clarify the extent of the presumption of conformity when standards only partially 
cover the essential requirements. 

3.3. 

Conformity assessment and CE marking 

Council  Directive  93/15/EEC  on the  harmonization  of  the  provisions  relating  to  the  placing 
on  the  market  and  supervision  of  explosives  for  civil  uses  has  selected  the  appropriate 
conformity assessment procedures which manufacturers have to apply in order to demonstrate 
that their explosives comply with the essential safety requirements. The proposal aligns these 
procedures to their updated versions set out in the NLF Decision. 

General principles of the CE marking are set out in Article 30 of Regulation 765/2008, while 
the detailed provisions on the affixing of the CE marking to explosives have been inserted in 
this proposal. 

3.4. 

Notified Bodies 

The  proposal  reinforces  the  notification  criteria  for  notified  bodies.  It  clarifies  that 
subsidiaries or subcontractors must also  comply with the notification requirements.  Specific 
requirements  for  notifying  authorities  are  introduced,  and  the  procedure  for  notification  of 
notified  bodies  is  revised.  The  competence  of  a  notified  body  must  be  demonstrated  by  an 
accreditation certificate. Where accreditation has not been used to evaluate the competence of 
a  notified  body,  the  notification  must  comprise  the  documentation  demonstrating  how  the 
competence of that body has been evaluated. Member States will have the possibility to object 
to a notification. 

3.5.  Market surveillance and the safeguard clause procedure 

The  proposal  revises  the  existing  safeguard  clause  procedure.  It  introduces  a  phase  of 
information  exchange  between  Member  States,  and  specifies  the  steps  to  be  taken  by  the 
authorities  concerned,  when  a  non-compliant  explosive  is  found.  A  real  safeguard  clause 
procedure – leading to a Decision at Commission level on whether a measure is justified or 

2 

COM(2011)  315  final  -  Proposal  for  a  Regulation  of  the  European  Parliament  and  of  the  Council  on 
European Standardisation and amending Council Directives 89/686/EEC and 93/15/EEC and Directives 
94/9/EC,  94/25/EC,  95/16/EC,  97/23/EC,  98/34/EC,  2004/22/EC,  2007/23/EC,  2009/105/EC  and 
2009/23/EC of the European Parliament and of the Council. 

EN 

6 

   EN 

                                                 
not  –  is  only  launched  when  another  Member  State  objects  to  a  measure  taken  against  an 
explosive. Where there is no disagreement on the restrictive measure taken, all Member States 
must take the appropriate action on their territory. 

3.6. 

Comitology 

The provisions on the operation of the Explosives Committee have been adapted to the new 
provisions on implementing acts laid down in Regulation (EU) No 182/2011 of the European 
Parliament  and  of  the  Council  of  16  February  2011  laying  down  the  rules  and  general 
principles  concerning  mechanisms  for  control  by  the  Member  States  of  the  Commission's 
exercise of implementing powers3. 

4. 

LEGAL ELEMENTS OF THE PROPOSAL 

Legal basis 

The proposal is based on Article 114 of the Treaty on the Functioning of the European Union. 

Subsidiarity principle 

The internal market is a competence that is shared between the Union and the Member States. 
The  subsidiarity  principle  arises  in  particular  with  regard  to  the  newly  added  provisions 
aiming at the improvement of effective enforcement of Council Directive 93/15/EEC on the 
harmonization  of  the  provisions  relating  to  the  placing  on  the  market  and  supervision  of 
explosives  for  civil  uses,  namely,  the  importer  and  distributor  obligations,  the  traceability 
provisions,  the  provisions  on  the  assessment  and  notification  of  notified  bodies,  and  the 
enhanced  cooperation  obligations  in  the  context  of  the  revised  market  surveillance  and 
safeguard procedures.  

Experience with the enforcement of the legislation has shown that measures taken at national 
level  have  led  to  divergent  approaches  and  to  a  different  treatment  of  economic  operators 
inside  the  EU,  which  undermines  the  objective  of  this  directive.  If  actions  are  taken  at 
national level to address the problems, this risks creating obstacles to the free movement of 
goods.  Furthermore  action  at  national  level  is  limited  to  the  territorial  competence  of  a 
Member  State.  In  view  of  the  increasing  internationalisation  of  trade,  the  number  of  cross-
border cases is constantly rising. Coordinated action at EU level can much better achieve the 
objectives  set,  and  will  in  particular  render  market  surveillance  more  effective.  Hence  it  is 
more appropriate to take action at EU level. 

As regards the problem of inconsistencies throughout the directives, this is a problem which 
can only be solved by the EU legislator. 

Proportionality 

In  accordance  with  the  principle  of  proportionality,  the  proposed  modifications  do  not  go 
beyond what is necessary to achieve the objectives set. 

3 

Regulation  (EU)  No  182/2011  of  the  European  Parliament  and  of  the  Council  of  16  February  2011 
laying down the rules and the general principles concerning mechanisms for control by Member States 
of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p.13). 

EN 

7 

   EN 

                                                 
The new or modified obligations do not impose unnecessary burdens and costs on industry – 
especially on small and medium sized enterprises – or administrations. Where modifications 
have been identified to have negative impacts, the analysis of the impacts of the option serves 
to  provide  the  most  proportionate  response  to  the  problems  identified.  A  number  of 
modifications  concern  the  improvement  of  clarity  of  the  existing  Directive  without 
introducing new requirements that entail added cost. 

Legislative technique used 

The  alignment  to  the  NLF  Decision  requires  a  number  of  substantive  amendments  to  the 
provisions of Council Directive 93/15/EEC. To ensure the readability of the amended text the 
technique  of  recasting  has  been  chosen  in  line  with  the  Interinstitutional  Agreement  of 
28 November 2001 on a more structured use of the recasting technique for legal acts4. 

The changes made to the provisions of Council Directive 93/15/EEC concern: the definitions, 
the  obligations  of  economic  operators,  the  presumption  of  conformity  provided  by 
harmonised  standards,  the  declaration  of  conformity,  CE  marking,  notified  bodies,  the 
safeguard clause procedure and the conformity assessment procedures. 

The  proposal  does  not  change  the  scope  of  Council  Directive  93/15/EEC  and  the  essential 
safety requirements. 

5. 

BUDGETARY IMPLICATIONS 

This proposal does not have any implications for the EU budget. 

6. 

ADDITIONAL INFORMATION 

Repeal of existing legislation 

The  adoption  of  the  proposal  will  lead  to  repeal  of  Council  Directive  93/15/EEC  on  the 
harmonization  of  the  provisions  relating  to  the  placing  on  the  market  and  supervision  of 
explosives for civil uses. 

European Economic Area 

The proposal concerns the EEA and should therefore be extended to the European Economic 
Area. 

4 

OJ C 77, 28.3.2002, p.1. 

EN 

8 

   EN 

                                                 
NEW LEGISLATIVE FRAMEWORK (NLF) ALIGNEMENT PACKAGE  
(Implementation of the Goods Package) 

(cid:208) 93/15/EEC (adapted) 
(cid:214) new 

2011/0349 (COD) 

Proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

on the harmoniszation of the ⌦ laws of the Member States ⌫ provisions relating to the 
placing (cid:214) making available  on the market and supervision of explosives for civil uses 

(Recast) 

(Text with EEA relevance) 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty ⌦ on  the  Functioning  of  the  European  Union ⌫  establishing 
the European Economic Community, and in particular Article ⌦ 114 ⌫ 100a thereof, 

Having regard to the proposal from the European Commission, 

After transmission of the draft legislative act to the national Parliaments, 

Having regard to the opinion of the European Economic and Social Committee5, 

Acting in accordance with the ordinary legislative procedure,  

Whereas: 

(1) 

Council Directive 93/15/EEC of 5 April 1993 on the harmonization of the provisions 
relating to the placing on the market and supervision of explosives for civil uses6 has 
been substantially amended several times. Since further amendments are to be made, it 
should be recast in the interests of clarity. 

(cid:216) new 

5 
6 

OJ C [  ], [  ], p. [ ] 
OJ L 121, 15.5.1993, p. 20. 

EN 

9 

   EN 

 
 
                                                 
(2) 

(3) 

Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 
2008 setting out the requirements for accreditation and market surveillance relating to 
the marketing of products and repealing Regulation (EEC) No 339/937 lays down rules 
on  the  accreditation  of  conformity  assessment  bodies,  provides  a  framework  for  the 
market surveillance of products and for controls on products from third countries, and 
lays down the general principles of the CE marking. 

Decision  No  768/2008/EC  of  the  European  Parliament  and  of  the  Council  of  9  July 
2008  on  a  common  framework  for  the  marketing of products, and repealing Council 
Decision  93/465/EEC8,  lays  down  common  principles  and  reference  provisions 
intended to apply across the legislation harmonising the conditions for the marketing 
of  products  in  order  to  provide  a  coherent  basis  for  revision  or  recasts  of  that 
legislation. Directive 93/15/EEC should be adapted to that Decision. 

Whereas  Article  8a  of  the  Treaty  provides  that  the  internal  market  must  be  established  not 
later  than  31  December  1992;  whereas  the  internal  market  is  to  comprise  an  area  without 
internal  frontiers  in  which  the  free  movement  of  goods,  persons,  services  and  capital  is 
ensured in accordance with the provisions of the Treaty; 

(cid:208) 93/15/EEC recital 1 (adapted) 

Whereas  Article  100a  (3)  of  the  Treaty  provides  that  the  Commission,  in  its  proposals 
concerning safety, will take as a base a high level of protection; 

(cid:208) 93/15/EEC recital 2 (adapted) 

(cid:208) 93/15/EEC recital 9 (adapted) 
(cid:214) new 

(4)  (cid:214) Safety  during  storage  is  covered  by  Council  Directive  96/82/EC  of  9 December 
1996 on the control of major-accident hazards involving dangerous substances9 which 
sets  out  safety  requirements  for  establishments  where  explosives  are  present. As 
regards Ssafety, the rules concerning the transport of explosives ⌦ during transport is 
regulated ⌫ are covered by international conventions and agreements. ⌦ including 
the ⌫  At  international  level,  there  are  United  Nations  recommendations  on  the 
transport  of  dangerous  goods.  ⌦ Those  aspects  should  therefore  not  fall  under  the 
scope of this Directive ⌫ (including explosives), the scope of which extends beyond 
the  Community  framework.  In  consequence,  this  Directive  does  not  concern  the 
transport rules. 

7 
8 
9 

OJ L 218, 13.8.2008, p. 30. 
OJ L 218, 13.8.2008, p. 82. 
OJ L 10, 14.1.1997, p. 13. 

EN 

10 

   EN 

 
 
 
                                                 
(5) 

(6) 

(cid:208) 93/15/EEC recital 12 (adapted) 
(cid:206)1 Corrigendum,  OJ  L 
79, 
7.4.1995, p. 34 

The  scope  of  this  Directive  covers  ⌦ should  cover ⌫  ammunition,  but  only  as 
regards  the  rules  governing  controls  on  transfers  and  the  associated  arrangements. 
Since  ammunition  is  transferred  under  conditions  similar  to  those  under  which  arms 
are  transferred,  transfers of ammunition should be governed by  provisions  similar to 
those applicable to arms, as set out in Council Directive 91/477/EEC of 18 June 1991 
on control of the acquisition and possession of weapons (cid:206)1 10  . 

(cid:208) 93/15/EEC recital 10 (adapted) 

Pyrotechnical  articles  require  appropriate  measures  to  ensure  the  protection  of 
consumers and the safety of the public. An additional directive is planned in this field. 
⌦ Pyrotechnic  articles  are  covered  by  Directive  2007/23/EC  of  the  European 
Parliament  and  of  the  Council  of  23  May  2007  on  the  placing  on  the  market  of 
pyrotechnic  articles11.  This  Directive  should  therefore  not  apply  to  pyrotechnic 
articles. ⌫ 

(7) 

The definition of the ⌦ explosives ⌫ products covered by this Directive should be 
based  on  the  definition  of  such  products  as  set  out  in  the  ⌦ United  Nations ⌫ 
abovementioned recommendations ⌦ on the transport of dangerous goods ⌫.; 

(cid:208) 93/15/EEC recital 11 (adapted) 

(cid:208) 93/15/EEC recital 3 (adapted) 
(cid:214) new 

(8)  ⌦ In order to ensure ⌫ The free movement of goods presupposes that certain basic 
conditions  are  fulfilled.In  particular,  the  free  movement  of  explosives  ⌦ it  is 
necessary to harmonise ⌫ presupposes harmonization of ⌦ the ⌫ laws ⌦ relating 
to ⌫ on the placing of (cid:214) making  explosives (cid:214) available  on the market. 

Whereas  explosives  for  civil  uses  are  covered  by  detailed  national  regulations,  mainly  in 
respect  of  safety  and  security  requirements;  whereas  such  national  regulations  provide,  in 
particular, that marketing authorizations be granted only where explosives have satisfactorily 
undergone a series of tests; 

(cid:208) 93/15/EEC recital 4 

10 
11 

OJ L 256, 13.9.1991, p. 51. 
OJ L 154, 14.6.2007, p. 1. 

EN 

11 

   EN 

 
 
 
 
 
                                                 
Whereas harmonization of provisions governing the placing of such explosives on the market 
presupposes  that  divergent  national  rules  will  be  harmonized  in  order  to  ensure  the  free 
movement of these products without lowering optimum levels of safety and security; 

(cid:208) 93/15/EEC recital 5 (adapted) 

(cid:208) 93/15/EEC recital 6 (adapted) 

Whereas  this  Directive  defines  only  the  essential  requirements  which  must  be  met  by 
explosives  conformity  tests;  whereas,  in  order  to  facilitate  the  process  of  demonstrating 
compliance  with  the  essential  requirements,  it  would  be  very  useful  to  process  standards 
harmonized at European level concerning, inter alia, methods for testing explosives; whereas 
such standards do not exist at present; 

(cid:208) 93/15/EEC recital 7 (adapted) 

Whereas  standards  harmonized  at  European  level  are  drawn  up  by  private  bodies  and  must 
retain  their  status  as  non-mandatory  text;  whereas,  in  this  connection,  the  European 
Committee  for  Standardization  (CEN)  has  been  recognized  as  one  of  the  two  bodies 
competent  to  adopt  harmonized  standards  in  accordance  with  the  general  guidelines  for 
cooperation between the Commission and CEN and Cenelec, ratified on 13 November 1984; 
whereas, for  the purposes of this Directive, «harmonized  standard» means a text setting out 
technical  specifications  adopted  by  CEN  under  a  mandate  conferred  by  the  Commission,  in 
accordance with Council Directive 83/189/EEC of 28 March 1983 laying down a procedure 
for  the  provision  of  information  in  the  field  of  technical  standards  and  regulations12  and  in 
keeping with the abovementioned general guidelines; 

the  health  and  safety  of  workers  producing  or  using  explosives  must  also  be  protected; 
whereas an additional directive is in the course of preparation covering, inter alia, the health 
and  safety  of  workers  engaged  in  activities  relating  to  the  manufacture,  storage  and  use  of 
explosives; 

(cid:208) 93/15/EEC recital 13 

(9) 

12 

(cid:216) new 

Economic operators should be responsible for the compliance of explosives, in relation 
to their respective roles in the supply chain, so as to ensure a high level of protection 
of  public  interests,  such  as  health  and  safety  of  persons  and  public  security  and  to 
guarantee fair competition on the Union market.  

OJ No L 109, 26. 4. 1983, p. 8. Directive as last amended by Commission Decision 90/230/EEC (OJ No 
L 128, 18. 5. 1990, p. 15). 

EN 

12 

   EN 

 
 
 
 
 
                                                 
(10)  All  economic  operators  intervening  in  the  supply  and  distribution  chain  should  take 
appropriate measures to ensure that they only make available on the market explosives 
which are in conformity with this Directive. It is necessary to provide for a clear and 
proportionate distribution of obligations which correspond to the role of each operator 
in the supply and distribution process. 

(11)  The manufacturer, having detailed knowledge of the design and production process, is 
best  placed  to  carry  out  the  complete  conformity  assessment  procedure.  Conformity 
assessment should therefore remain the obligation of the manufacturer alone. 

(12) 

It is necessary to ensure that explosives from third countries entering the Union market 
comply  with  the  requirements  of  this  Directive,  and  in  particular  that  appropriate 
assessment  procedures  have  been  carried  out  by  manufacturers  with  regard  to  those 
explosives.  Provision  should  therefore  be  made  for  importers  to  make  sure  that  the 
explosives  they  place  on  the  market  comply  with  the  requirements  of  this  Directive 
and that  they do  not place on the market  explosives which do not comply with such 
requirements  or  present a  risk. Provision should also be made for  importers  to make 
sure  that  conformity  assessment  procedures  have  been  carried  out  and  that  marking 
and  documentation  of  explosives  drawn  up  by  manufacturers  are  available  for 
inspection by the supervisory authorities. 

(13)  The distributor makes an explosive available on the market after it has been placed on 
the market by the manufacturer or the importer and should act with due care to ensure 
that  its  handling  of  the  explosive  does  not  adversely  affect  the  compliance  of  the 
explosive. 

(14)  Any  economic  operator  that  either  places  an  explosive  on  the  market  under  his  own 
name or trademark or modifies an explosive in such a way that compliance with the 
requirements  of  this  Directive  may  be  affected  should  be  considered  to  be  the 
manufacturer and should assume the obligations of the manufacturer. 

(15)  Distributors  and  importers,  being  close  to  the  market  place,  should  be  involved  in 
market surveillance tasks carried out by the competent national authorities, and should 
be  prepared  to  participate  actively,  providing  those  authorities  with  all  necessary 
information relating to the explosive concerned. 

(16)  Unique  identification  of  explosives  is  essential  if  accurate  and  complete  records  of 
explosives  are  to  be  kept  at  all  stages  of  the  supply  chain.  This  should  allow  the 
identification  and  the  traceability  of  an  explosive  from  its  production  site  and  its 
placing on the market until its final user and its use with a view to preventing misuse 
and  theft  and  to  assisting  law  enforcement  authorities  in  the  tracing  of  the  origin  of 
lost  or  stolen  explosives.  An  efficient  traceability  system  also  facilitates  market 
surveillance authorities' task of tracing economic operators who made non-compliant 
products available on the market. 

(17)  The provisions of this Directive relating to the making available on the market should 
be based on the expression of essential safety requirements for explosives in order to 
protect  users  and  to  prevent  accidents.  In  order  to  facilitate  conformity  assessment 
with  those  requirements it is necessary  to provide for presumption  of conformity for 
explosives  which  are  in  conformity  with  harmonised  standards  that  are  adopted  in 
accordance  with  Regulation  (EU)  No  [../..]  of  the  European  Parliament  and  of  the 

EN 

13 

   EN 

Council  of  […..]  on  European  Standardisation  and  amending  Council  Directives 
89/686/EEC and 93/15/EEC and Directives 94/9/EC, 94/25/EC, 95/16/EC, 97/23/EC, 
98/34/EC,  2004/22/EC,  2007/23/EC,  2009/105/EC  and  2009/23/EC  of  the  European 
Parliament  and  of  the  Council  for  the  purpose  of  expressing  detailed  technical 
specifications for the design, manufacture and testing of explosives13. 

(18) 

(EU) No [../..] [Standardisation Regulation] provides for a procedure for objections to 
harmonised  standards  where  those  standards  do  not  entirely  satisfy  requirements  of 
this Directive. 

(cid:208) 93/15/EEC recital 8 (new) 

the Council, in its Decision 90/683/EEC of 13 December 1990 concerning the modules for the 
various phases of the conformity assessment procedures which are intended to be used in the 
technical  harmonization  directives14,  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; 

(cid:216) new 

(19) 

In order to enable economic operators to demonstrate and the competent authorities to 
ensure  that  explosives  made  available  on  the  market  conform  to  the  essential  safety 
requirements  it  is  necessary  to  provide  for  conformity  assessment  procedures. 
Decision No 768/2008/EC establishes modules for conformity assessment procedures 
which  include  procedures  from  the  least  to  the  most  stringent,  in  proportion  to  the 
level of risk involved and the level of safety required. In order to ensure inter-sectoral 
coherence  and  to  avoid  ad-hoc  variants  conformity  assessment  procedures  should  be 
chosen  from  among  those  modules.  Because  of  their  specific  characteristics  and  the 
hazards involved, explosives should always be submitted to third party verification - 
EU type examination. Manufacturers should draw up an EU declaration of conformity 
to  provide  detailed  information  on  the  conformity  of  an  explosive  with  the 
requirements of the relevant Union harmonisation legislation. 

(20)  The CE marking, indicating the conformity of a product, is the visible consequence of 
a  whole  process  comprising  conformity  assessment  in  a  broad  sense.  General 
principles  governing  the  CE  marking  are  set  out  in  Regulation  (EC)  No  765/2008. 
Rules governing the affixing of the CE marking should be laid down in this Directive.  

(21)  The conformity assessment procedures set out in this Directive require the intervention 
of  conformity  assessment  bodies,  which  are  notified  by  the  Member  States  to  the 
Commission. 

13 
14 

OJ C [  ], [  ], p. [ ] 
OJ No L 380, 31. 12. 1990, p. 13. 

EN 

14 

   EN 

 
 
                                                 
(22)  Experience has shown that the criteria set out in Directive 93/15/EEC that conformity 
assessment bodies have to fulfil to be notified to the Commission are not sufficient to 
ensure a uniformly high level of performance of notified bodies throughout the Union. 
It  is,  however,  essential  that  all  notified  bodies  perform  their  functions  to  the  same 
level and under conditions of fair competition. That requires the setting of obligatory 
requirements  for  conformity  assessment  bodies  wishing  to  be  notified  in  order  to 
provide conformity assessment services. 

(23) 

(24) 

In  order  to  ensure  a  consistent  level  of  conformity  assessment  quality  it  is  also 
necessary to set requirements for notifying authorities and other bodies involved in the 
assessment, notification and monitoring of notified bodies. 

If a conformity assessment body demonstrates conformity with the criteria laid down 
in  harmonised  standards,  it  should  be  presumed  to  comply  with  the  corresponding 
requirements set out in this Directive. 

(25)  The  system  set  out  in  this  Directive  should  be  complemented  by  the  accreditation 
system  provided  for  in  Regulation  (EC)  No  765/2008.  Since  accreditation  is  an 
essential  means  of  verifying  the  competence  of  conformity  assessment  bodies,  it 
should also be used for the purposes of notification. 

(26)  Transparent  accreditation  as  provided  for  in  Regulation  (EC)  No  765/2008,  ensuring 
the necessary level of confidence in conformity certificates, should be considered by 
the  national  public  authorities  throughout  the  Union  as  the  preferred  means  of 
demonstrating  the  technical  competence  of  conformity  assessment  bodies.  However, 
national authorities may consider that they possess the appropriate means of carrying 
out this evaluation themselves. In such cases, in order to ensure the appropriate level 
of  credibility  of  evaluations  carried  out  by  other  national  authorities,  they  should 
provide the Commission and the other Member States with the necessary documentary 
evidence demonstrating the compliance of the conformity assessment bodies evaluated 
with the relevant regulatory requirements. 

(27)  Conformity assessment bodies frequently subcontract parts of their activities linked to 
the  assessment  of  conformity  or  have  recourse  to  a  subsidiary.  In  order  to  safeguard 
the level of protection required for the products to be placed on the Union market, it is 
essential  that  conformity  assessment  subcontractors  and  subsidiaries  fulfil  the  same 
requirements  as  notified  bodies  in  relation  to  the  performance  of  conformity 
assessment tasks. Therefore, it is important that the assessment of the competence and 
the performance of bodies to be notified and the monitoring of bodies already notified 
cover also activities carried out by subcontractors and subsidiaries. 

(28) 

It is necessary to increase the efficiency and transparency of the notification procedure 
and, in particular, to adapt it to new technologies so as to enable online notification. 

(29)  Since notified bodies may offer their services throughout the Union, it is appropriate to 
give the other Member States and the Commission the opportunity to raise objections 
concerning  a  notified  body.  It  is  therefore  important  to  provide  for  a  period  during 
which any doubts or concerns as to the competence of conformity assessment bodies 
can be clarified before they start operating as notified bodies. 

(30) 

In  the  interests  of  competitiveness,  it  is  crucial  that  notified  bodies  apply  the 
conformity assessment procedures without creating unnecessary burdens for economic 

EN 

15 

   EN 

operators. For the same reason, and to ensure equal treatment of economic operators, 
consistency in the technical application of the conformity assessment procedures needs 
to  be  ensured.  That  can  best  be  achieved  through  appropriate  coordination  and 
cooperation between notified bodies. 

(31) 

In order to ensure legal certainty, it is necessary to clarify that rules on Union market 
surveillance  and  control  of  products  entering  the  Union  market  provided  for  in 
Regulation (EC) No 765/2008 apply to explosives. This Directive should not prevent 
Member States from choosing the competent authorities to carry out those tasks. 

(32)  The  existing  system  should  be  supplemented  by  a  procedure  under  which  interested 
parties  are  informed  of  measures  intended  to  be  taken  with  regard  to  products 
presenting  a  risk  to  the  health  and  safety  of  persons  or  to  other  aspects  of  public 
interest protection. It should also allow market surveillance authorities, in cooperation 
with  the  relevant  economic  operators,  to  act  at  an  earlier  stage  in  respect  of  such 
products. 

(33)  Where  the  Member  States  and  the  Commission  agree  as  to  the  justification  of  a 
measure taken by a Member State, no further involvement of the Commission should 
be  required,  except  where  non-compliance  can  be  attributed  to  shortcomings  of  a 
harmonised standard. 

(cid:208) 93/15/EEC recital 14 (adapted) 

(34) 

It is appropriate Iin the case of a serious threat to, or attack on, public ⌦ security as a 
result  of ⌫  safety  by  reason  of  the  illicit  possession  or  use  of  explosives  or 
ammunition  falling  within  this  Directive,  to  allow  Member  States  ⌦ should  be 
allowed ⌫ to derogate, under certain conditions, from the provisions of this Directive 
with  regard  to  transfer  ⌦ of  explosives  and  ammunition  in  order  to  prevent  such 
illicit possession or use ⌫. 

(cid:208) 93/15/EEC recital 15 (adapted) 

(35)  Finally, Iit is essential to establish administrative cooperation mechanisms ⌦ between 
competent authorities of Member States ⌫. ⌦ Therefore, ⌫ It is appropriate in this 
connection  for  the  competent  authorities  ⌦ should ⌫  to  base  their  approach  on 
Council Regulation (EEC) No 1468/81 of 19 May 1981 (EC) No 515/97 of 13 March 
1997  on  mutual  assistance  between  the  administrative  authorities  of  the  Member 
States  and  cooperation  between  the  latter  and  the  Commission  to  ensure  the  correct 
application of the law on customs and ⌦ or ⌫ agricultural matters15. 

15 

OJ L 144, 2.6.1981, p. 1 82, 22.3.1997, p.1. 

EN 

16 

   EN 

 
 
                                                 
(36)  This  Directive  does  ⌦ should ⌫  not  affect  the  power  of  Member  States  to  take 
measures with a view to preventing illegal trade in explosives and ammunition. 

(cid:208) 93/15/EEC recital 16 (adapted) 

(cid:216) new 

(37) 

In  order  to  ensure  uniform  conditions  for  the  implementation  of  this  Directive, 
implementing powers should be conferred on the Commission. Those powers should 
be  exercised  in  accordance  with  Regulation  (EU)  No  182/2011  of  the  European 
Parliament and of the Council of 16 February 2011 laying down the rules and general 
principles  concerning  mechanisms  for  control  by  the  Member  States  of  the 
Commission's exercise of implementing powers16. 

(38)  The examination procedure should be used for the adoption of the implementing acts 
in  order  to  set  up  the  conditions  for  a  system  for  identification  and  keeping  track  of 
explosives. 

(39) 

In  order  to  achieve  the  objectives  of  this  Directive,  the  power  to  adopt  acts  in 
accordance with Article 290 of the Treaty on the Functioning of the European Union 
should  be  delegated  to  the  Commission  in  respect  of  adopting  Union  measures 
concerning  adapting  this  Directive  to  United  Nations  recommendations  on  the 
transport of dangerous goods. It is of particular importance that the Commission carry 
out appropriate consultations during its preparatory work, including at expert level. 

(40)  The  Commission,  when  preparing  and  drawing-up  delegated  acts,  should  ensure  a 
simultaneous,  timely  and  appropriate  transmission  of  relevant  documents  to  the 
European Parliament and Council. 

(41)  The Member States should lay down rules on penalties applicable to infringements of 
the  national  provisions  adopted  pursuant  to  this  Directive  and  ensure  that  they  are 
implemented. Those penalties should be effective, proportionate and dissuasive. 

(42)  Since the objective of this Directive, namely to ensure that explosives on the market 
fulfil  the  requirements  providing  a  high  level  of  protection  of  health  and  safety  and 
other public interests while guaranteeing the functioning of the internal market cannot 
be sufficiently achieved by the Member States and can therefore, by reason of its scale 
and  effects,  be  better  achieved  at  Union  level,  the  Union  may  adopt  measures,  in 
accordance  with  the  principle  of  subsidiarity  as  set  out  in  Article  5  of  the  Treaty  on 
European Union. In accordance with the principle of proportionality, as set out in that 
Article, this Directive does  not go beyond what is necessary in order to achieve that 
objective. 

(43) 

It is necessary to provide for transitional arrangements that allow making available on 
the market explosives that have already been placed on the market in accordance with 
Directive 93/15/EEC. 

16 

OJ L 55, 28.2.2011, p.13. 

EN 

17 

   EN 

 
 
                                                 
(44)  The obligation to transpose this Directive into national law should be confined to those 
provisions  which  represent  a  substantive  change  as  compared  with  Directive 
93/15/EEC.  The  obligation  to  transpose  the  provisions  which  are  unchanged  arises 
under Directive 93/15/EEC. 

(45)  This  Directive  should  be  without  prejudice  to  the  obligations  of  the  Member  States 
relating  to  the  time-limits  for  transposition  into  national  law  and  application  of 
Directive 93/15/EEC. 

HAS ⌦ HAVE ⌫ ADOPTED THIS DIRECTIVE: 

(cid:208) 93/15/EEC (adapted) 

CHAPTER 1I 

GENERAL PROVISIONS 

Article 1 
 ⌦ Scope ⌫ 

1. This Directive shall apply to ⌦ the following: ⌫ explosives as defined in paragraph 2. 

(a) 

(b) 

explosives for civil uses; 

(cid:216) new 

transfer  of  ammunition  and  information  exchange  on  those  transfers  referred  to  in 
Articles 12, 13 and 14. 

32. This Directive shall not apply to: 

(cid:208) 93/15/EEC 

(cid:208) 93/15/EEC (adapted) 

(a) 

explosives ⌦ and ⌫ , including ammunition, intended for use, in accordance with 
national law, by the armed forces or the police;, 

(b) 

pyrotechnical articles ⌦ falling within the scope of Directive 2007/23/EC. ⌫  

EN 

18 

   EN 

 
 
 
 
– 

ammunition, except as provided in Articles 10, 11, 12, 13, 17, 18 and 19.  

(cid:208) 93/15/EEC 

53. 

This Directive shall not prevent Member States from designating certain substances 
not  covered  by  this  Directive  as  explosives  under  national  law  ⌦ laws ⌫  or 
regulations. 

(cid:208) 93/15/EEC (adapted) 
(cid:214) new 

Article 2 [Article R1 of Decision No 768/2008/EC] 
 ⌦ Definitions ⌫ 

4. For the purposes of this Directive ⌦ the following definitions shall apply ⌫ : 

(1) 

(2) 

(3) 

(4) 

(5) 

(6) 

(7) 

(8) 

2. ‘«eExplosives’» shall mean ⌦ means ⌫ the materials and articles considered to 
be such in the United Nations recommendations on the transport of dangerous goods 
and falling within Class 1 of those recommendations;. 

recommendations’» 

the 
‘«United  Nations 
recommendations  laid  down  by  the  United  Nations  Committee  of  Experts  on  the 
Transport  of  Dangerous  Goods,  as  published  in  the  United  Nations  (Orange  Book) 
and as amended by the date when this Directive is adopted;, 

shall  mean  ⌦ means ⌫ 

‘«safety’»  shall  mean  ⌦ means ⌫  the  prevention  of  accidents  and,  where 
prevention fails, the containment of their effects;, 

‘«security’»  shall  mean  ⌦ means ⌫  the  prevention  of  use  contrary  to  law  and 
order;, 

‘«dealer’»  shall  mean  ⌦ means ⌫  any  natural  or  legal  person  whose  occupation 
consists  wholly  or  partly  in  the  manufacture,  trade,  exchange,  hiring  out,  repair  or 
conversion of fire arms and ammunition, 

‘«approval’»  shall  mean  ⌦ means ⌫  the  decision  taken  to  allow  envisaged 
transfers of explosives within the ⌦ Union ⌫ Community;, 

«undertaking  in  the  explosives  sector»  (cid:214) ‘economic  operators’   shall  mean 
⌦ means ⌫  (cid:214) the  manufacturer,  the  authorised  representative,  the  importer,  the 
distributor  and   any  natural  or  legal  person  possessing  a  licence  or  authorization 
which entitles him to ⌦ who engages ⌫ engage in the manufacture, storage, use, 
transfer, (cid:214) export  or trade ⌦ of ⌫ in explosives;, 

«‘transfer’»  shall  mean ⌦ means ⌫  any  physical  movement  of  explosives  within 
⌦ the Union ⌫ Community territory ⌦ except ⌫ apart from movements within 
one and the same site;. 

EN 

19 

   EN 

 
 
(9) 

«‘placing (cid:214) making available  on the market’» shall mean ⌦ means ⌫ any first 
disposal  against  payment  or  free  of  charge  (cid:214) supply   of  ⌦ an  explosive ⌫ 
explosives  covered  by  this  Directive  ⌦ for ⌫  with  a  view  to  their  distribution 
and/or use on the Community ⌦ Union ⌫ market (cid:214) in the course of a commercial 
activity, whether in return for payment or free of charge;  , 

(10) 

(11) 

(12) 

(13) 

(14) 

(15) 

(16) 

(17) 

(18) 

(19) 

(20) 

(21) 

(22) 

(cid:216) new 

‘placing  on  the  market’  means  the  first  making  available  of  an  explosive  on  the 
Union market; 

‘manufacturer’ means any natural or legal person who manufactures an explosive or 
has an explosive designed or manufactured, and markets explosives under his name 
or trademark; 

‘authorised representative’ means any natural or legal person established within the 
Union who has received a written mandate from a manufacturer to act on his behalf 
in relation to specified tasks; 

‘importer’  means  any  natural  or  legal  person  established  within  the  Union  who 
places explosives from a third country on the Union market; 

‘distributor’  means  any  natural  or  legal  person  in  the  supply  chain,  other  than  the 
manufacturer or the importer, who makes explosives available on the market; 

‘technical specification’ means a document that prescribes technical requirements to 
be fulfilled by an explosive; 

‘harmonised  standard’  means  harmonised  standard  as  defined  in  Article  2(1)(c)  of 
Regulation (EU) No [../..] [Standardisation Regulation]; 

‘accreditation’  means  accreditation  as  defined  in  Article  2(10)  of  Regulation  (EC) 
No 765/2008; 

‘national accreditation body’ means national accreditation body as defined in Article 
2(11) of Regulation (EC) No 765/2008; 

‘conformity  assessment’  means  the  process  demonstrating  whether  the  essential 
safety requirements relating to an explosive have been fulfilled; 

‘conformity  assessment  body’  means  a  body  that  performs  conformity  assessment 
activities including calibration, testing, certification and inspection; 

‘recall’  means  any  measure  aimed  at  achieving  the  return  of  an  explosive  that  has 
already been made available to the end user; 

‘withdrawal’  means  any  measure  aimed  at  preventing  an  explosive  in  the  supply 
chain from being made available on the market; 

EN 

20 

   EN 

 
(23) 

‘CE  marking’  means  a  marking  by  which  the  manufacturer  indicates  that  the 
explosive  is  in  conformity  with  the  applicable  requirements  set  out  in  Union 
harmonisation legislation providing for its affixing; 

(24) 

‘Union  harmonisation  legislation’  means  any  Union  legislation  harmonising  the 
conditions for the marketing of products. 

(cid:208) 93/15/EEC (adapted) 
(cid:206)1 Corrigendum,  OJ  L 
7.4.1995, p. 34 
(cid:214) new 

79, 

CHAPTER II 

HARMONIZATION OF LAWS RELATING TO EXPLOSIVES 

Article 32 
⌦ Free movement ⌫ 

1.  Member  States  may  not  prohibit,  restrict  or  hinder  the  placing  (cid:214) making  available   on 
the market of explosives which fall within the scope of this Directive and which satisfy the 
requirements of this Directive. 

Article 4 
⌦ Making available on the market ⌫ 

2.  Member  States  shall  take  the  necessary  measures  to  ensure  that  explosives  falling  within 
the  scope  of  this  Directive  may  be  (cid:214) made  available   placed  on  the  market  only  if  they 
comply with all the provisions of this Directive, are provided with the CE marking described 
in Article 7 and their conformity (cid:206)1 has been assessed  in accordance with the procedures 
referred to in Annex II. 

3. Where explosives falling within the scope of this Directive are subject to other Directives 
which  cover  other  aspects  and  prescribe  the  fixing  of  the  CE  marking,  this  marking  shall 
indicate that the abovementioned products are also presumed to conform to the provisions of 
these other directives which apply to them. 

Explosives  falling  within  the  scope  of  this  Directive  must  comply  with  the  essential  safety 
(cid:214) all the  requirements ⌦ of this Directive ⌫ set out in Annex I which apply to them. 

Article 3 

EN 

21 

   EN 

 
CHAPTER 2 

⌦ OBLIGATIONS OF ECONOMIC OPERATORS ⌫ 

Article 514 
 ⌦ Licence and authorisation ⌫ 

Member  States  shall  keep  at  the  disposal  of  the  other  Member  States  and  the  Commission 
updated information concerning undertakings in the explosives sector possessing licences or 
authorizations as referred to in Article 1(4). 

(cid:216) new 

Economic operators shall be in possession of a licence or authorisation which entitles them to 
engage in the manufacture, storage, use, import, export, transfer or trade of explosives. 

The first paragraph shall not apply to employees of an economic operator possessing a licence 
or authorisation. 

1. 

2. 

3. 

4. 

Article 6 [Article R2 of Decision No 768/2008/EC] 
Obligations of manufacturers 

When  placing  explosives  on  the  market  or  when  using  explosives  themselves, 
manufacturers  shall  ensure  that  they  have  been  designed  and  manufactured  in 
accordance with the essential safety requirements set out in Annex I. 

Manufacturers shall draw up the technical documentation referred to in Annex II and 
carry  out  the  conformity  assessment  procedure  referred  to  in  Article  19  or  have  it 
carried out. 

Where  compliance  of  an  explosive  with  the  applicable  requirements  has  been 
demonstrated  by  that  procedure,  manufacturers  shall  draw  up  an  EU  declaration  of 
conformity and affix the CE marking.  

The  CE  marking  does  not  need  to  be  affixed  on  explosives  manufactured  for  own 
use,  explosives  transported  and  delivered  unpackaged  or  in  pump  trucks  for  their 
direct unloading into the blast-hole, and explosives manufactured at the blasting sites 
which are loaded immediately after being produced (so-called in situ production). 

Manufacturers  shall  keep  the  technical  documentation  and  the  EU  declaration  of 
conformity for at least 10 years after the explosive has been placed on the market. 

Manufacturers  shall  ensure  that  procedures  are  in  place  for  series  production  to 
remain  in  conformity.  Changes  in  design  or  characteristics  of  the  explosive  and 
changes  in  the  harmonised  standards  or  in  technical  specifications  by  reference  to 
which conformity of an explosive is declared shall be adequately taken into account. 

EN 

22 

   EN 

 
5. 

6. 

7. 

8. 

Manufacturers  shall  ensure  that  their  explosives  bear  the  unique  identification  in 
accordance with Commission Directive 2008/43/EC17. 

Manufacturers shall ensure that their explosives are accompanied by instructions and 
safety  information  in  a  language  which  can  be  easily  understood  by  end-users,  as 
determined by the Member State concerned. 

Manufacturers who consider or have reason to believe that an explosive which they 
have placed on the market is not in conformity with this Directive shall immediately 
take  the  necessary  corrective  measures  to  bring  that  explosive  into  conformity,  to 
withdraw it or recall it, if appropriate. Furthermore, where the explosive presents a 
risk,  manufacturers  shall  immediately  inform  the  competent  national  authorities  of 
the Member States in which they made the explosive available to that effect, giving 
details, in particular, of the non-compliance and of any corrective measures taken. 

Manufacturers  shall,  further  to  a  reasoned  request  from  a  competent  national 
authority,  provide  it  with  all  the  information  and  documentation  necessary  to 
demonstrate  the  conformity  of  the  explosive,  in  a  language  which  can  be  easily 
understood by that authority. They shall cooperate with that authority, at its request, 
on  any  action  taken  to  eliminate  the  risks  posed  by  explosives  which  they  have 
placed on the market. 

Article 7 [Article R3 of Decision No 768/2008/EC] 
Authorised representatives 

1. 

A manufacturer may, by a written mandate, appoint an authorised representative. 

The  obligations  laid  down  in  Article  6(1)  and  the  drawing  up  of  technical 
documentation shall not form part of the authorised representative's mandate. 

2. 

An  authorised  representative  shall  perform  the  tasks  specified  in  the  mandate 
received  from 
the  authorised 
the  manufacturer.  The  mandate  shall  allow 
representative to do at least the following: 

(a)  keep the EU declaration of conformity and the technical documentation at the 
disposal of national surveillance authorities for 10 years after the explosive has 
been placed on the market; 

(b) 

(c) 

further to a reasoned request from a competent national authority, provide that 
authority with all the information and documentation necessary to demonstrate 
the conformity of an explosive; 

cooperate  with  the  competent  national  authorities,  at  their  request,  on  any 
action  taken  to  eliminate  the  risks  posed  by  explosives  covered  by  the 
authorised representative's mandate. 

17 

OJ L 94, 5.4.2008, p. 8. 

EN 

23 

   EN 

                                                 
1. 

2. 

3. 

4. 

5. 

6. 

7. 

8. 

Article 8 [Article R4 of Decision No 768/2008/EC] 
Obligations of importers 

Importers shall place only compliant explosives on the market. 

Before placing an explosive on the market importers shall ensure that the appropriate 
conformity  assessment  procedure  has  been  carried  out  by  the  manufacturer.  They 
shall ensure that the manufacturer has drawn up the technical documentation, that the 
explosive bears the CE marking and is accompanied by the required documents.  

Where  an  importer  considers  or  has  reason  to  believe  that  an  explosive  is  not  in 
conformity  with  the  essential  safety  requirements  set  out  in  Annex  I,  he  shall  not 
place  the  explosive  on  the  market  until  it  has  been  brought  into  conformity. 
Furthermore,  where  the  explosive  presents  a  risk,  the  importer  shall  inform  the 
manufacturer and the market surveillance authorities to that effect. 

Importers  shall  ensure  that  the  explosives  imported  by  them  bear  a  unique 
identification in accordance with Directive 2008/43/EC.  

Importers shall  ensure that  the explosive is accompanied  by  instructions and safety 
information  in  a  language  which  can  be  easily  understood  by  end-users,  as 
determined by the Member State concerned. 

Importers shall ensure that, while an explosive is under their responsibility, storage 
or  transport  conditions  do  not  jeopardise  its  compliance  with  the  essential  safety 
requirements set out in Annex I. 

Importers who consider or have reason to believe that an explosive which they have 
placed  on  the  market  is  not  in  conformity  with  the  requirements  of  this  Directive 
shall immediately take the corrective measures necessary to bring that explosive into 
conformity,  to  withdraw  it  or  recall  it,  if  appropriate.  Furthermore,  where  the 
explosive presents a risk, importers shall immediately inform the competent national 
authorities of the Member States in which they made the explosive available to that 
effect,  giving  details,  in  particular,  of  the  non-compliance  and  of  any  corrective 
measures taken. 

Importers  shall,  for  at  least  10  years  after  the  explosive  has  been  placed  on  the 
market, keep a copy of the EU declaration of conformity at the disposal of the market 
surveillance  authorities  and  ensure  that  the  technical  documentation  can  be  made 
available to those authorities, upon request. 

Importers  shall,  further  to  a  reasoned  request  from  a  competent  national  authority, 
provide it with all the information and documentation necessary to demonstrate the 
conformity  of  an  explosive  in  a  language  which  can  be  easily  understood  by  that 
authority. They shall cooperate with that authority, at its request, on any action taken 
to eliminate the risks posed by explosives which they have placed on the market. 

EN 

24 

   EN 

1. 

2. 

3. 

4. 

5. 

Article 9 [Article R5 of Decision No 768/2008/EC] 
Obligations of distributors 

When  making  an  explosive  available  on  the  market  distributors  shall  act  with  due 
care in relation to the requirements of this Directive. 

Before making an explosive available on the market distributors shall verify that the 
explosive  bears  the  CE  marking,  that  it  is  accompanied  by  the  required  documents 
and  by  instructions  and  safety  information  in  a  language  which  can  be  easily 
understood by end-users in the Member State in which the explosive is to be made 
available on the market, and that the manufacturer and the importer have complied 
with the requirements set out in Directive 2008/43/EC. 

Where  a  distributor  considers  or  has  reason  to  believe  that  an  explosive  is  not  in 
conformity  with  the  essential  safety  requirements  set  out  in  Annex  I,  he  shall  not 
make the explosive available on the market until it has been brought into conformity. 
Furthermore,  where  the  explosive  presents  a  risk,  the  distributor  shall  inform  the 
manufacturer  or  the  importer  to  that  effect  as  well  as  the  market  surveillance 
authorities. 

Distributors shall ensure that, while an explosive is under their responsibility, storage 
or  transport  conditions  do  not  jeopardise  its  compliance  with  the  essential  safety 
requirements set out in Annex I. 

Distributors  who  consider  or  have  reason  to  believe  that  an  explosive  which  they 
have  made  available  on  the  market  is  not  in  conformity  with  this  Directive  shall 
make  sure  that  the  corrective  measures  necessary  to  bring  that  explosive  into 
conformity, to withdraw it or recall it, if appropriate, are taken. Furthermore, where 
the  explosive  presents  a  risk,  distributors  shall  immediately  inform  the  competent 
national authorities of the Member States in which they made the explosive available 
to  that  effect,  giving  details,  in  particular,  of  the  non-compliance  and  of  any 
corrective measures taken. 

Distributors shall, further to a reasoned request from a competent national authority, 
provide it with all the information and documentation necessary to demonstrate the 
conformity of an explosive. They shall cooperate with that authority, at its request, 
on any action taken to eliminate the risks posed by explosives which they have made 
available on the market. 

Article 10 
Cases in which obligations of manufacturers apply to importers and distributors 

An  importer  or  distributor  shall  be  considered  a  manufacturer  for  the  purposes  of  this 
Directive and he shall be subject to the obligations of the manufacturer under Article 6, where 
he places an explosive on the market under his name or trademark or modifies an explosive 
already  placed  on  the  market  in  such  a  way  that  compliance  with  this  Directive  may  be 
affected. 

EN 

25 

   EN 

(cid:208) 93/15/EEC (adapted) 

CHAPTER 3III 

⌦ SECURITY ⌫ PROVISIONS GOVERNING THE SUPERVISION OF TRANSFERS IN 
THE COMMUNITY 

Article 119 
 ⌦ Transfers of explosives ⌫ 

1. 

Explosives covered by this Directive may be transferred only in accordance with the 
following paragraphs ⌦ 2 to 8 ⌫. 

2. Controls performed pursuant to Community law or national law in the event of transfers of 
the  explosives  governed  by  this  Article  shall  no  longer  be  performed  as  internal  frontier 
controls but solely as part of the normal control procedures applied in a non-discriminatory 
fashion throughout the territory of the Community. 

(cid:208) 93/15/EEC 

(cid:208) 93/15/EEC (adapted) 
(cid:206)1 Corrigendum,  OJ  L 
7.4.1995, p. 34 
(cid:214) new 

79, 

23. 

34. 

45. 

Approval to transfer explosives shall be obtained by the consignee from the recipient 
competent  authority  ⌦ in  the  Member  State  of  the  recipient ⌫  .  The  competent 
authority shall verify that the consignee is legally authoriszed to acquire explosives 
and that he is in possession of the necessary licences or authoriszations. The person 
responsible  for  the  transfer  must  notify  the  competent  authorities  of  the  transit 
Member  State  ⌦ State(s) ⌫  or  Member  States  of  ⌦ any ⌫  movements  of 
explosives through ⌦ the Member States concerned ⌫ this or these States, whose 
⌦ and  shall  obtain  prior ⌫  approval  shall  be  required  ⌦ of  the  transit  Member 
State(s) concerned ⌫. 

Where a Member State considers that there is a problem regarding the verification of 
the entitlement to acquire explosives referred to in paragraph 23, that Member State 
shall  forward  the  available  information  on  the  subject  to  the  Commission  which 
(cid:214) shall  inform  the  other  Member  States  thereof   will  put  the  matter  before  the 
Committee provided for in (cid:206)1 Article 13  without delay. 

Where the recipient competent authority ⌦ in the Member State of the recipient ⌫ 
approves a transfer, it shall issue to the consignee a document which includes all the 
information  referred  to  in  paragraph  57.  Such  a  document  must  accompany  the 

EN 

26 

   EN 

 
 
 
explosives  until  they  arrive  at  their  stated  destination.  It  must  be  produced  at  the 
request  of  the  relevant  competent  authorities.  A  copy  of ⌦ that ⌫  this  document 
shall  be  retained  by  the  consignee  who  shall  present  it  ⌦ ,  upon  request, ⌫  for 
examination  by  the  recipient  competent  authority,  at  the  latter's  request  ⌦ in  the 
Member State of the recipient ⌫ . 

(cid:208) 93/15/EEC (adapted) 

57. 

Where transfers of explosives must be specially supervised in order to comply with 
special  security  requirements  in  the  territory  or  part  of  the  territory  of  a  Member 
State,  prior  to  the  transfer  the  following  information  shall  be  provided  by  the 
consignee  to  the  recipient  competent  authority  ⌦ in  the  Member  State  of  the 
recipient ⌫ : 

(cid:208) 93/15/EEC (adapted) 

(a) 

the names and addresses of the operators concerned; this information must be 
detailed enough to enable the operators to be contacted and confirmation to be 
obtained  that  the  persons  in  question  are  legally  entitled  to  receive  the 
consignment, 

(cid:208) 93/15/EEC 
(cid:206)1 Corrigendum,  OJ  L 
7.4.1995, p. 34 

79, 

(b) 

the number and quantity of the explosives being transferred;, 

(c) 

a  full  description  of  the  explosive  in  question  and  of  the  means  of 
identification, including the United Nations identification number;, 

(d)  where  the  explosives  are  to  be  placed  on  the  market,  information  on 

compliance with conditions for placing on the market;, 

(e) 

the means of transfer and the itinerary;, 

(f) 

the expected dates of departure and (cid:206)1 arrival ;, 

(g)  where necessary, the precise points of entry to and exit from Member States. 

EN 

27 

   EN 

 
 
 
(cid:208) 93/15/EEC (adapted) 
(cid:206)1 Corrigendum,  OJ  L 
7.4.1995, p. 34 
(cid:214) new 

79, 

⌦ The information referred to in point (a) of the first subparagraph must be detailed 
enough to enable the operators to be contacted and confirmation to be obtained that 
the persons concerned are entitled to receive the consignment. ⌫ 

Recipient⌦ The ⌫ competent ⌦ authority ⌫ authorities ⌦ in the Member State 
of the recipient ⌫ shall examine the conditions under which the transfer may take 
place,  with  particular  regard  to  the  special  security  requirements.  If  the  special 
security requirements are satisfied, approval for the transfer shall be granted. In the 
⌦ case ⌫  event  of  transit  through  the  territory  of  other  Member  States,  those 
⌦ Member ⌫ States shall likewise examine and approve, in the same conditions, 
the particulars concerning the transfer. 

Where  the  competent  authority  of  a  Member  State  considers  that  special  security 
requirements such as those referred to in paragraph 54 (cid:214) and 5  are unnecessary, 
explosives  can  ⌦ may ⌫  be  transferred  on  their  territory  or  part  thereof  without 
prior  provision  of  information  within  the  meaning  of  paragraph  57.  The  recipient 
competent authority ⌦ in the Member State of the recipient ⌫ shall then grant an 
approval for a fixed period, ⌦ which is ⌫ and liable to suspension or withdrawal at 
any  time  on  the  basis  of  a  reasoned  justification.  The  document  referred  to  in 
paragraph  45,  which  must  accompany  the  explosives  until  they  arrive  at  their 
destination, shall refer solely to ⌦ that ⌫ the abovementioned approval. 

Without prejudice to the normal checks which the Member State of departure shall 
carry  out  in  its  territory,  at  the  request  of  the  competent  authorities  concerned,  the 
consignees  and  the  ⌦ economic ⌫  operators  concerned  in  the  explosives  sector 
shall forward to the authorities of the Member State of departure and to those of the 
Member State of transit all relevant information they (cid:206)1 possess  concerning the 
transfer of explosives. 

No supplier may transfer explosives unless the consignee has obtained the necessary 
authoriszations 
the  provisions  of 
transfer 
for 
(cid:206)1 paragraphs  23, 45, 56 and 67. 

in  accordance  with 

the 

Article 1210 
 ⌦ Transfers of ammunition ⌫ 

Ammunition  may  be  transferred  from  one  Member  State  to  another  only  in 
accordance with the procedure laid down in the following paragraphs ⌦ 2 to 5 ⌫ . 
These  ⌦ Those ⌫  provisions  ⌦ paragraphs ⌫  shall  also  apply  to  transfers  of 
ammunition under mail-order sales. 

6. 

78. 

89. 

1. 

EN 

28 

   EN 

 
(cid:208) 93/15/EEC 
(cid:206)1 Corrigendum,  OJ  L 
7.4.1995, p. 34 

79, 

2. 

Where  ammunition  is  to  be  transferred  to  another  Member  State  the  person 
concerned  shall,  before  any  dispatch,  communicate  to  the  Member  State  in  which 
that ammunition is located: 

(a) 

the names and addresses of the person selling or transferring the ammunition, 
of the person purchasing or acquiring the ammunition and, where appropriate, 
of the owner;, 

(b) 

the (cid:206)1 address  to which the ammunition is to be consigned or transported;, 

(c) 

the quantity of ammunition to be consigned or transported;, 

(d)  data making it possible to identify the ammunition and also an indication that 
the ammunition has undergone a check in accordance with the Convention of 
1 July 1969 on the Reciprocal Recognition of Proofmarks on Small Arms;, 

(e) 

the means of transfer;, 

(f) 

the date of departure and the estimated date of arrival. 

(cid:208) 93/15/EEC (adapted) 

The  information  referred  to  in  the  last  two  indents  points  (e)  and  (f)  of  the  first 
subparagraph  need  not  be  supplied  in  the  ⌦ case ⌫  event  of  a  transfer  between 
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 
authoriszes  such  a  transfer  it  shall  issue  a  licence  incorporating  all  the  particulars 
referred  to  in  the  first  subparagraph.  That  licence  shall  accompany  the  ammunition 
until  it  reaches  its  destination.;  Iit  shall  be  produced  whenever  so  required  by  the 
competent authorities of the Member States. 

(cid:208) 93/15/EEC 

3. 

Each  Member  State  may  grant  dealers  the  right  to  effect  transfers  of  ammunition 
from  its  territory  to  a  dealer  established in  another  Member  State  without  the  prior 
authoriszation referred to in paragraph 2. To that end it shall issue an authoriszation 
valid for three years which may at any time be suspended or cancelled by reasoned 
decision.  A  document  referring  to  that  authoriszation  must  accompany  the 
ammunition until it reaches its destination. It must be produced whenever so required 
by the competent authorities of the Member States. 

EN 

29 

   EN 

 
 
 
Before  effecting  the  transfer,  the  dealer shall  communicate  to  the  authorities  of  the 
Member State from which the transfer is to be effected all the particulars listed in the 
first subparagraph of paragraph 2. 

4. 

Each  Member  State  shall  supply  the  other  Member  States  with  a  list  of  the 
ammunition the transfer of which to its territory may be authoriszed without its prior 
consent. 

Such  lists  of  ammunition  shall  be  communicated  to  dealers  who  have  obtained 
approval for transferring ammunition without prior authoriszation ⌦ in accordance 
with ⌫ under the procedure laid down in paragraph 3. 

(cid:208) 93/15/EEC (adapted) 

5. 

Each  Member  State  shall  communicate  all  useful  information  at  its  disposal 
concerning definitive transfers of ammunition to the Member State, to the territory of 
which such a transfer has been effected. 

(cid:208) 93/15/EEC 

All  information  that  Member  States  receive  by  way  of  the  procedures  laid  down  in 
⌦ accordance with paragraphs 2 and 3 ⌫ this Article shall be communicated, not later than 
the time of the relevant transfers, to the Member States of destination and, where appropriate, 
not later than the time of transfer to the Member States of transit. 

(cid:208) 93/15/EEC (adapted) 

Article 1311 
 ⌦ Security derogations ⌫ 

By derogation from Article 119 (3), (5), (6) and (7), and from Article 1210, a Member State, 
in case of ⌦ serious ⌫ grave threats to, or attacks upon, public security ⌦ as a result of ⌫ 
through  the  illicit  possession  or  use  of  explosives  or  ammunition  covered  by  the  Directive, 
may take all necessary measures concerning transfers of explosives or ammunition in order to 
prevent such illicit possession or use. 

These  measures  ⌦ referred  to  in  the  first  paragraph ⌫  shall  respect  the  principle  of 
proportionality. They must constitute neither a means of arbitrary discrimination nor a veiled 
restriction in trade between Member States. 

Each  Member  State  which  adopts  such  measures  shall  notify  the  Commission  of  them 
forthwith.; Tthe Commission shall inform the other Member States thereof. 

(cid:208) 93/15/EEC 

EN 

30 

   EN 

 
 
 
 
(cid:208) 93/15/EEC (adapted) 

CHAPTER IV 

OTHER PROVISIONS 

Article 1412 
 ⌦ Information exchange ⌫ 

1.  Member  States  shall  set  up  information  exchange  networks  for  the  implementation  of 
Articles 119 and 1210. They shall notify the other Member States and the Commission of the 
national authorities responsible for forwarding or receiving information and for applying the 
procedures referred to in ⌦ those ⌫ the said Articles 9 and 10. 

Member States shall keep at the disposal of the other Member States and of the Commission 
updated  information  concerning  economic  operators  possessing  licences  or  authorisations 
referred to in Article 5. 

(cid:216) new 

2.  For  the  purposes  of  implementing  this  Directive,  the  provisions  of  Regulation  (EEC) 
No 1468/81 Regulation (EC) No 515/97, in particular those ⌦ the requirements ⌫ relating 
to confidentiality, shall apply mutatis mutandis. 

(cid:208) 93/15/EEC (adapted) 

(cid:208) (EC) 219/2009 (adapted) 
(cid:214) new 

Article 15 
⌦ Identification and traceability of explosives ⌫ 

Member  States  shall  ascertain  ⌦ that ⌫  whether  such  undertakings  (cid:214) economic 
operators   possess  a  system  for  keeping  track  of  explosives  such  that  those  holding 
explosives can be identified at any time.  

EN 

31 

   EN 

 
 
 
 
(cid:208) (EC) 219/2009 
(cid:214) new 

The Commission may adopt measures (cid:214) implementing acts  setting the conditions for the 
application of this the first paragraph (cid:214) to set up a system for the unique identification and 
traceability at Union level . Those measures, designed to amend non-essential elements of 
this  Directive  by  supplementing  it,  (cid:214) implementing  acts   shall  be  adopted  in  accordance 
with  the  regulatory  (cid:214) examination   procedure  with  scrutiny  referred  to  in  Article  13(4) 
47(2). 

(cid:208) 93/15/EEC  
(cid:214) new 

Undertakings  in  the  explosives  sector  (cid:214) Economic  operators   shall  keep  such  records  of 
their  transactions  as  are  necessary  to  fulfil  the  obligations  set  out  in  the  first  paragraph  this 
Article. 

The documents referred to in the first and second paragraph this Article must be kept for at 
least three (cid:214) ten  years after the end of the calendar year in which the recorded transaction 
took place, even if the undertaking (cid:214) economic operator  has ceased trading. They must be 
immediately available for inspection at the request of the competent authorities. 

Member States shall ensure that explosives are properly marked. 

Article 15 

(cid:208) 93/15/EEC (adapted) 
(cid:206)1 Corrigendum,  OJ  L 
7.4.1995, p. 34 

79, 

Article 16 
 ⌦ Licensing of manufacturing activities ⌫ 

When a Member State issues a licence or (cid:206)1 authoriszation  ⌦ referred to in Article 5 ⌫ 
for the purpose of allowing an explosives manufacturing ⌦ of explosives ⌫ activity to be 
exercised,  it  shall  check  in  particular  that  the  persons  responsible  are  capable  of  complying 
with the technical commitments they assume. 

Article 1718 
 ⌦ Seizures ⌫ 

Each Member State shall adopt, in the context of its national law, the necessary measures to 
enable  the  competent  authorities  to  seize  any  ⌦ explosive ⌫  product  coming  within  the 
scope of this Directive if there is sufficient evidence that that ⌦ explosive ⌫ product will be 
(cid:206)1 illicitly  acquired, used or dealt in. 

EN 

32 

   EN 

 
 
 
(cid:208) 93/15/EEC (adapted) 

CHAPTER 4  

⌦ CONFORMITY OF THE EXPLOSIVE ⌫ 

Article 184 [Article R8 of Decision No 768/2008/EC] 
 ⌦ Presumption of conformity ⌫ 

1.Member  States  shall  consider  explosives  falling  within  the  scope  of  this  Directive 
⌦ Explosives, ⌫  which  ⌦ are  in  conformity ⌫  comply  with  the  relevant  national 
standards transposing the harmoniszed standards ⌦ or parts thereof and ⌫ the references of 
which have been published in the Official Journal of the European Communities ⌦ Union, 
shall be presumed ⌫ to be in conformity with the essential safety requirements referred to in 
Article  3.  Member  States  shall  publish  the  references  of  the  national  standards  transposing 
⌦ covered by ⌫ those harmonized standards ⌦ or parts thereof, set out in Annex I ⌫. 

Where a harmonised standard satisfies the requirements which it covers and which are set out 
in Annex I or Article 27, the Commission shall publish the references of those standards in 
the Official Journal of the European Union.  

(cid:216) new 

2. The Commission will give specific details of the work conducted in the field of harmonized 
standards  in  the  framework  of  the  report  submitted  to  the  European  Parliament  and  the 
Council on the application of Directive 83/189/EEC and provided for in Article 11 (2) of that 
Directive. 

(cid:208) 93/15/EEC 

Article 5 

Where a Member State or the Commission considers that the harmonized standards referred 
to  in  Article  4  do  not  fully  satisfy  the  essential  requirements  referred  to  in  Article  3,  the 
Commission  or  the  Member  State  concerned  shall  bring  the  matter  before  the  Standing 
Committee set up by Directive 83/189/EEC, giving its reasons. The Committee shall deliver 
its opinion without delay. 

In the light of the Committee's opinion the Commission shall inform the Member States of the 
measures to be taken regarding the standards and the publication referred to in Article 4. 

EN 

33 

   EN 

 
 
 
(cid:208) 93/15/EEC (adapted) 
(cid:214) new 

Article 196 
 ⌦ Conformity assessment procedures ⌫ 

1.The procedures for the attestation ⌦ assessment ⌫ of the conformity of explosives shall 
be ⌦ any of the following procedures ⌫ either: 

(a) 

EC ⌦ EU ⌫ type examination (Module B) ⌦ set out ⌫ referred to in Annex II 
(1), and, at the choice of the manufacturer, ⌦ any of the following procedures ⌫ 
either: 

(i) 

the  type  conformity  (cid:214) to  type  based  on  internal  production  control  plus 
supervised product checks at  random intervals  (Module C2) ⌦ set out ⌫ 
referred to in Annex II (2), 

(ii)  or the production ⌦ conformity to type based on ⌫ quality assurance ⌦ of 
the production process ⌫ procedure (Module D) ⌦ set out ⌫ referred to in 
Annex II (3), 

(iii)  or the ⌦ conformity to type based on ⌫ product quality assurance procedure 

(Module E) ⌦ set out ⌫ referred to in Annex II (4), 

(iv)  or  the  ⌦ conformity  to  type  based  on ⌫  product  verification  (Module  F) 

⌦ set out ⌫ referred to in Annex II (5); or 

(b) 

the ⌦ conformity based on ⌫ unit verification (Module G) ⌦ set out ⌫ referred to 

in Annex II (6). 

(cid:216) new 

Article 20 [Article R10 of Decision No 768/2008/EC] 
EU declaration of conformity 

1. 

2. 

3. 

The EU declaration of conformity shall state that the fulfilment of the essential safety 
requirements set out in Annex I has been demonstrated. 

The EU declaration of conformity shall have the model structure set out in Annex III 
to  Decision  No  768/2008/EC,  shall  contain  the  elements  specified  in  the  relevant 
modules  set  out  in  Annex  II  to  this  Directive  and  shall  be  continuously  updated.  It 
shall  be  translated  into  the  language  or  languages  required  by  the  Member  State  in 
which market the explosive is placed or made available. 

Where  an  explosive  is  subject  to  more  than  one  Union  act  requiring  an  EU 
declaration of conformity, a single EU declaration of conformity shall be drawn up in 

EN 

34 

   EN 

 
 
respect of all such Union acts. That declaration shall contain the identification of the 
acts concerned including the publication references. 

4. 

By  drawing  up  the  EU  declaration  of  conformity,  the  manufacturer  shall  assume 
responsibility for the compliance of the explosive.  

(cid:208) 93/15/EEC (adapted) 
(cid:214) new 

ANNEX IV 

CONFORMITY MARKING 

Article 21 [Article R11 of Decision No 768/2008/EC] 
 ⌦ General principles of the CE marking ⌫ 

The CE conformity marking shall (cid:214) be subject to the general principles set out in Article 30 
of Regulation (EC) No 765/2008.  consist of the initials «CE» taking the following form: 

If the marking is reduced or enlarged the proportions given in the above graduated drawing 
must be respected. 

Article 227 [Article R12 of Decision No 768/2008/EC] 
 ⌦ Rules and conditions for affixing the CE marking ⌫ 

The  CE  marking  of  conformity  shall  be  affixed  ⌦ visibly,  legibly  and  indelibly 
to ⌫ in such a way as to be visible, easily legible and indelible on the explosives. 
themselves  or,  if  this  ⌦ Where  that ⌫  is  not  possible  (cid:214) or  not  warranted  on 
account of the nature of the explosive, it shall be affixed to  , on an identification 
plate attached thereto or, in the last resort, if the first two methods cannot be used, on 
the  packaging  (cid:214) and  to  the  accompanying  documents .  The  identification  plate 
must be so designed as to make its reuse impossible. 

(cid:216) new 

The CE marking shall be affixed before the explosive is placed on the market. 

The CE marking shall be followed by the identification number of the notified body, 
where that body is involved in the production control phase. 

The identification number of the notified body shall be affixed by the body itself or, 
under its instructions, by the manufacturer or his authorised representative. 

1. 

2. 

3. 

4. 

EN 

35 

   EN 

 
 
5. 

The  CE  marking  and,  where  applicable,  the  identification  number  referred  to  in 
paragraph 3 may be followed by a pictogram or any other mark indicating a special 
risk or use. 

(cid:208) 93/15/EEC (new) 
(cid:206)1 Corrigendum,  OJ  L 
7.4.1995, p. 34 

79, 

The model to be used for the CE marking shall be that reproduced in Annex IV. 

2.  It  shall  be  prohibited  to  affix  on  explosives  any  mark  or  inscription  which  may  confuse 
third persons as to the meaning and style of writing of the CE marking. Any other mark may 
be affixed on explosives provided the (cid:206)1 visibility  and legibility of the CE marking is not 
impaired. 

3. Without prejudice to the provisions of Article 8: 

(a) 

(b) 

where a Member State establishes that the CE marking has been unduly affixed, the 
manufacturer,  his  agent  or,  failing  these,  the  person  responsible  for  placing  the 
product in question on the Community market shall be obliged to restore the product 
to  conformity  with  regard  to  the  provisions  on  marking  and  end  the  infringement 
under conditions imposed by the Member States; 

where  non-compliance  continues,  the  Member  State  must  take  all  appropriate 
measures to restrict or prohibit the placing on the market of the product in question 
or to ensure that it is withdrawn from the market in accordance with the procedures 
laid down in Article 8. 

(cid:208) 93/15/EEC (adapted) 
(cid:214) new 

CHAPTER 5 

⌦ NOTIFICATION OF CONFORMITY ASSESSMENT BODIES ⌫ 

Article 23 [Article R13 of Decision No 768/2008/EC] 
 ⌦ Notification ⌫ 

2. Member States shall inform (cid:214) notify  the Commission and the other Member States of 
the  bodies  (cid:214) authorised   which  they  have  appointed  to  carry  out  the  procedures  for 
assessing the conformity referred to above together with the specific (cid:214) third-party conformity 
assessment   tasks  (cid:214) under  this  Directive   which  these  bodies  have  been  appointed  to 
carry out and the identification numbers assigned to them beforehand by the Commission. 

EN 

36 

   EN 

 
 
(cid:216) new 

Article 24 [Article R14 of Decision No 768/2008/EC] 
Notifying authorities 

1. 

2. 

1. 

2. 

3. 

4. 

5. 

6. 

Member  States  shall  designate  a  notifying  authority  that  shall  be  responsible  for 
setting  up  and  carrying  out  the  necessary  procedures  for  the  assessment  and 
notification of conformity assessment bodies and the monitoring of notified bodies, 
including compliance with Article 29. 

Member  States  may  decide  that  the  assessment  and  monitoring  referred  to  in 
paragraph 1 shall be carried out by a national accreditation body within the meaning 
of and in accordance with Regulation (EC) No 765/2008. 

Article 25 [Article R15 of Decision No 768/2008/EC] 
Requirements relating to notifying authorities 

A notifying authority shall be  established in such a way  that no  conflict of interest 
with conformity assessment bodies occurs. 

A  notifying  authority  shall  be  organised  and  operated  so  as  to  safeguard  the 
objectivity and impartiality of its activities. 

A notifying authority shall be organised in such a way that each decision relating to 
notification of a conformity assessment body is taken by competent persons different 
from those who carried out the assessment. 

A  notifying  authority  shall  not  offer  or  provide  any  activities  that  conformity 
assessment bodies perform or consultancy services on a commercial or competitive 
basis. 

A notifying authority shall safeguard the confidentiality of the information it obtains. 

A  notifying  authority  shall  have  a  sufficient  number  of  competent  personnel  at  its 
disposal for the proper performance of its tasks. 

Article 26 [Article R16 of Decision No 768/2008/EC] 
Information obligation on notifying authorities 

Member  States  shall  inform  the  Commission  of  their  procedures  for  the  assessment  and 
notification  of  conformity  assessment  bodies  and  the  monitoring  of  notified  bodies,  and  of 
any changes thereto. 

The Commission shall make that information publicly available. 

EN 

37 

   EN 

 
(cid:208) 93/15/EEC (new) 
(cid:206)1 Corrigendum,  OJ  L 
7.4.1995, p. 34 

79, 

The Commission shall publish in the Official Journal of the European Communities a list of 
the  notified  bodies  and  their  identification  numbers  and  the  tasks  for  which  they  have  been 
notified. The Commission shall ensure that this list is kept up to date. 

Member  States  shall  apply  the  minimum  criteria  set  out  in  Annex  III  for  the  assessment  of 
bodies of which the Commission is to be notified. Bodies which meet the assessment criteria 
laid  down  by  the  relevant  harmonized  standards  shall  be  presumed  to  satisfy  the  relevant 
minimum criteria. 

A Member State which (cid:206)1 has  notified the Commission of a given body shall withdraw 
the  notification  if  it  discovers  that  that  body  no  longer  meets  the  criteria  referred  to  in  the 
second  subparagraph.  It  shall  immediately  inform  the  other  Member  States  and  the 
Commission accordingly. 

(cid:208) 93/15/EEC (adapted) 

ANNEX III 

MINIMUM CRITERIA TO BE TAKEN INTO ACCOUNT BY MEMBER 
STATES FOR THE NOTIFICATION OF BODIES 

Article 27 [Article R17 of Decision No 768/2008/EC] 
 ⌦ Requirements relating to notified bodies ⌫ 

(cid:216) new 

1. 

2. 

3. 

For  the  purposes  of  notification,  a  conformity  assessment  body  shall  meet  the 
requirements laid down in paragraphs 2 to 11. 

A conformity assessment body shall be established under national law and have legal 
personality. 

A  conformity  assessment  body  shall  be  a  third-party  body  independent  of  the 
organisation or the explosive it assesses. 

A  body  belonging  to  a  business  association  or  professional  federation  representing 
undertakings  involved  in  the  design,  manufacturing,  provision,  assembly,  use  or 
maintenance of explosives, may, on condition that its independence and the absence 
of any conflict of interest are demonstrated, be considered such a body. 

EN 

38 

   EN 

 
 
 
(cid:208) 93/15/EEC (adapted) 
(cid:206)1 Corrigendum,  OJ  L 
7.4.1995, p. 34 
(cid:214) new 

79, 

41. 

The⌦ A conformity assessment ⌫ body, its ⌦ top level management ⌫ director 
and  the  ⌦ personnel ⌫  staff  responsible  for  carrying  out  the  ⌦ conformity 
assessment  tasks ⌫  verification  tests  shall  not  be  the  designer,  manufacturer, 
supplier, or installer (cid:214) , purchaser, owner, user or maintainer  of explosives which 
they inspect, nor the authoriszed representative of any of these ⌦ those ⌫ parties. 
(cid:214) This shall not preclude the use of explosives that are necessary for the operations 
of  the  conformity  assessment  body  or  the  use  of  such  products  for  personal 
purposes.  

They⌦ A conformity assessment body, its top level management and the personnel 
responsible  for  carrying  out  the  conformity  assessment  tasks ⌫  shall  not  become 
either ⌦ directly ⌫ involved directly or as authorized representatives in the design, 
(cid:214) manufacture  or   construction,  (cid:206)1 marketing   (cid:214) ,  installation,  use   or 
maintenance  of ⌦ those ⌫  such  explosives  (cid:214) or  represent  the  parties  engaged  in 
those  activities .  This  does  not  preclude  the  possibility  of  exchanges  of  technical 
information between the manufacturer and the body. (cid:214) They shall not engage in any 
activity  that  may  conflict  with  their  independence  of  judgement  or  integrity  in 
relation to conformity assessment activities for which they are notified. This shall in 
particular apply to consultancy services.  

(cid:214) Conformity assessment bodies shall ensure that the activities of their subsidiaries 
or subcontractors do not affect the confidentiality, objectivity or impartiality of their 
conformity assessment activities.  

52. 

The body ⌦ Conformity assessment bodies ⌫ and ⌦ their personnel ⌫ its staff 
shall carry out the verification tests ⌦ conformity assessment activities ⌫ with the 
highest  degree  of  professional  integrity  and  ⌦ requisite ⌫  technical  competence 
⌦ in  the  specific  field ⌫  and  shall  be  free  from  all  pressures  and  inducements, 
(cid:206)1 particularly financial, which might influence their judgement  or the results of 
⌦ their  conformity  assessment  activities ⌫  the  inspection,  especially  ⌦ as 
regards ⌫  from  persons  or  groups  of  persons  with  an  interest  in  the  result 
⌦ results ⌫ of ⌦ those activities ⌫ verifications. 

(cid:216) new 

6. 

A  conformity  assessment  body  shall  be  capable  of  carrying  out  all  the  conformity 
assessment  tasks  assigned  to  it  by  Article  19  and  in  relation  to  which  it  has  been 
notified, whether those tasks are carried out by the conformity assessment body itself 
or on its behalf and under its responsibility. 

At all times and for each conformity assessment procedure and each kind or category 
of explosives in relation to which it has been notified, a conformity assessment body 
shall have at its disposal the necessary: 

EN 

39 

   EN 

 
 
(a)  personnel with technical knowledge and sufficient and appropriate experience 

to perform the conformity assessment tasks; 

(b)  descriptions of procedures in accordance with which conformity assessment is 
carried out, ensuring the transparency and the ability of reproduction of those 
procedures.  It  shall  have  appropriate  policies  and  procedures  in  place  that 
distinguish between tasks it carries out as a notified body and other activities; 

(c)  procedures for the performance of activities which take due account of the size 
of  an  undertaking,  the  sector  in  which  it  operates,  its  structure,  the  degree  of 
complexity of the product technology in question and the mass or serial nature 
of the production process. 

(cid:208) 93/15/EEC (adapted) 
(cid:206)1 Corrigendum,  OJ  L 
7.4.1995, p. 34 
(cid:214) new 

79, 

3.⌦ It ⌫  The  body  shall  have  at  (cid:206)1 its   disposal  the  ⌦ means ⌫  necessary 
staff  and  possess  the  necessary  facilities  to  enable  it  to  perform  properly  the 
administrative and technical ⌦ and administrative ⌫ tasks connected with ⌦ the 
conformity  assessment  activities  in  an  appropriate  manner ⌫  verification;  it 
⌦ and ⌫  shall  also  have  access  to  the  ⌦ all  necessary ⌫  equipment  ⌦ or 
facilities ⌫ required for special verification. 

74. 

The  ⌦ personnel ⌫  staff  responsible  for  inspection  ⌦ conformity  assessment 
activities ⌫ shall have ⌦ the following ⌫: 

(a) 

(b) 

sound technical and professional ⌦ vocational ⌫ training (cid:214) covering all the 
the  conformity 
conformity  assessment  activities 
assessment body has been notified; , 

in  relation 

to  which 

satisfactory knowledge of the (cid:206)1 requirements of the tests ⌦ assessments ⌫ 
they carry out and adequate  ⌦ authority to carry out those assessments; ⌫ 
experience of such tests, 

(c) 

appropriate knowledge and understanding of the essential safety requirements 
set out in Annex I, of the applicable harmonised standards and of the relevant 
provisions of Union harmonisation legislation and national legislation;  

(cid:216) new 

EN 

40 

   EN 

 
 
(cid:208) 93/15/EEC (adapted) 
(cid:206)1 Corrigendum,  OJ  L 
7.4.1995, p. 34 
(cid:214) new 

79, 

(d) 

the  ability  to  draw  up  the  certificates,  records  and  reports  ⌦ demonstrating 
that  assessments  have  been  carried  out ⌫required  to  authenticate  the 
performance of the tests. 

85. 

The  impartiality  of  inspection  staff ⌦ the  conformity  assessment  bodies,  their  top 
level management and of the assessment personnel ⌫ shall be guaranteed.  

Their remuneration ⌦ of the top level management and assessment personnel of a 
conformity  assessment  body ⌫  shall  not  depend  on  the  number  of  tests 
⌦ assessments ⌫  carried  out  or  on  the  results  of  ⌦ those  assessments ⌫such 
tests. 

96. 

107. 

The  body  ⌦ Conformity  assessment  bodies ⌫  shall  take  out  civil  liability 
insurance  unless  its  liability  is  (cid:206)1 assumed   by  the  State  in  accordance  with 
national law, or the Member State itself is directly responsible for the ⌦ conformity 
assessment ⌫ tests. 

The  ⌦ personnel ⌫  staff  of  the  ⌦ a  conformity  assessment ⌫  body  shall  be 
bound to observe professional secrecy with regard to all information ⌦ obtained ⌫ 
gained in carrying out ⌦ their ⌫ its tasks (except (cid:206)1 (vis-à-vis) ) the competent 
administrative  authorities  of  the  State  in  which  its  activities  are  carried  out)  under 
⌦ Annex II ⌫ this Directive or any provision of national law giving effect to it (cid:214) , 
except  in  relation  to  the  competent  authorities  of  the  Member  State  in  which  its 
activities are carried out. Proprietary rights shall be protected . 

(cid:216) new 

11. 

Conformity  assessment  bodies  shall  participate  in,  or  ensure  that  their  assessment 
personnel are informed of the relevant standardisation activities and the activities of 
the  notified  body  coordination  group  established  under  the  relevant  Union 
harmonisation legislation and apply as general guidance the administrative decisions 
and documents produced as a result of the work of that group. 

Article 28 [Article R18 of Decision No 768/2008/EC] 
Presumption of conformity 

Where a conformity assessment body demonstrates its conformity with the criteria laid down 
in  the  relevant  harmonised  standards  or  parts  thereof  the  references  of  which  have  been 
published in the Official Journal of the European Union it shall be presumed to comply with 
the requirements set out in Article 27 in so far as the applicable harmonised standards cover 
those requirements. 

EN 

41 

   EN 

 
 
Article 29 [Article R20 of Decision No 768/2008/EC] 
Subsidiaries of and subcontracting by notified bodies 

Where  a  notified  body  subcontracts  specific  tasks  connected  with  conformity 
assessment  or  has  recourse  to  a  subsidiary,  it  shall  ensure  that  the  subcontractor  or 
the  subsidiary  meets  the  requirements  set  out  in  Article  27  and  shall  inform  the 
notifying authority accordingly. 

Notified  bodies  shall 
the 
subcontractors or subsidiaries wherever these are established. 

take  full  responsibility  for 

tasks  performed  by 

Activities  may  be  subcontracted  or  carried  out  by  a  subsidiary  only  with  the 
agreement of the client. 

Notified  bodies  shall  keep  at  the  disposal  of  the  notifying  authority  the  relevant 
documents concerning the assessment of the qualifications of the subcontractor or the 
subsidiary and the work carried out by them under Annex II. 

Article 30 [Article R22 of Decision No 768/2008/EC] 
Application for notification 

A  conformity  assessment  body  shall  submit  an  application  for  notification  to  the 
notifying authority of the Member State in which it is established. 

That application shall be accompanied by a description of the conformity assessment 
activities,  the  conformity  assessment  module  or  modules  and  the  explosive  or 
explosives for which that body claims to be competent, as well as by an accreditation 
certificate, where one exists, issued by a national accreditation body attesting that the 
conformity assessment body fulfils the requirements laid down in Article 27. 

Where  the  conformity  assessment  body  concerned  cannot  provide  an  accreditation 
certificate, it shall provide the notifying authority with all the documentary evidence 
necessary for the verification, recognition and regular monitoring of its compliance 
with the requirements laid down in Article 27. 

Article 31 [Article R23 of Decision No 768/2008/EC] 
Notification procedure 

Notifying  authorities  may  notify  only  conformity  assessment  bodies  which  have 
satisfied the requirements laid down in Article 27. 

They shall notify the Commission and the other Member States using the electronic 
notification tool developed and managed by the Commission. 

The notification shall include full details of the conformity assessment activities, the 
conformity  assessment  module  or  modules  and  explosive  or  explosives  concerned 
and the relevant attestation of competence. 

Where  a  notification  is  not  based  on  an  accreditation  certificate  as  referred  to  in 
Article  30(2),  the  notifying  authority  shall  provide  the  Commission  and  the  other 

1. 

2. 

3. 

4. 

1. 

2. 

3. 

1. 

2. 

3. 

4. 

EN 

42 

   EN 

Member  States  with  documentary  evidence  which  attests  to  the  conformity 
assessment body's competence and the arrangements in place to ensure that that body 
will be monitored regularly and will continue to satisfy the requirements laid down in 
Article 27. 

5. 

The  body  concerned  may  perform  the  activities  of  a  notified  body  only  where  no 
objections  are  raised  by  the  Commission  or  the  other  Member  States  within  two 
weeks  of  a  notification  where  an  accreditation  certificate  is  used  or  within  two 
months of a notification where accreditation is not used. 

Only  such  a  body  shall  be  considered  a  notified  body  for  the  purposes  of  this 
Directive. 

6. 

The  Commission  and  the  other  Member  States  shall  be  notified  of  any  subsequent 
relevant changes to the notification. 

Article 32 [Article R24 of Decision No 768/2008/EC] 
Identification numbers and lists of notified bodies 

1. 

The Commission shall assign an identification number to a notified body. 

2. 

1. 

2. 

It  shall  assign  a  single  such  number  even  where  the  body  is  notified  under  several 
Union acts. 

The Commission shall make publicly available the list of the bodies notified under 
this Directive, including the identification numbers that have been allocated to them 
and the activities for which they have been notified. 

The Commission shall ensure that that list is kept up to date. 

Article 33 [Article R25 of Decision No 768/2008/EC] 
Changes to notifications 

Where a notifying authority has ascertained or has been informed that a notified body 
no longer meets the requirements laid down in Article 27 or that it is failing to fulfil 
its obligations, the notifying authority shall restrict, suspend or withdraw notification 
as  appropriate,  depending  on  the  seriousness  of  the  failure  to  meet  those 
requirements or fulfil those obligations. It shall immediately inform the Commission 
and the other Member States accordingly. 

In  the  event  of  restriction,  suspension  or  withdrawal  of  notification,  or  where  the 
notified  body  has  ceased  its  activity,  the  notifying  Member  State  shall  take 
appropriate steps to ensure that the files of that body are either processed by another 
notified body or kept available for the responsible notifying and market surveillance 
authorities at their request. 

EN 

43 

   EN 

Article 34 [Article R26 of Decision No 768/2008/EC] 
Challenge of the competence of notified bodies 

The Commission shall investigate all cases where it doubts, or doubt is brought to its 
attention regarding, the competence of a notified body or the continued fulfilment by 
a notified body of the requirements and responsibilities to which it is subject. 

The  notifying  Member  State  shall  provide  the  Commission,  on  request,  with  all 
information  relating  to  the  basis  for  the  notification  or  the  maintenance  of  the 
competence of the body concerned. 

The Commission shall ensure that all sensitive information obtained in the course of 
its investigations is treated confidentially. 

Where  the  Commission  ascertains  that  a  notified  body  does  not  meet  or  no  longer 
meets the requirements for its notification, it shall inform the notifying Member State 
accordingly  and  request  it  to  take  the  necessary  corrective  measures,  including  de-
notification if necessary. 

Article 35 [Article R27 of Decision No 768/2008/EC] 
Operational obligations of notified bodies 

Notified  bodies  shall  carry  out  conformity  assessments  in  accordance  with  the 
conformity assessment procedures provided for in Annex II. 

Conformity  assessments  shall  be  carried  out  in  a  proportionate  manner,  avoiding 
unnecessary  burdens  for  economic  operators.  Conformity  assessment  bodies  shall 
perform their activities taking due account of the size of an undertaking, the sector in 
which it operates, its structure, the degree of complexity of the product technology in 
question and the mass or serial nature of the production process. 

In  doing  so  they  shall  nevertheless  respect  the  degree  of  rigour  and  the  level  of 
protection required for the compliance of the explosive with this Directive. 

Where a notified body finds that the essential safety requirements set out in Annex I 
or corresponding harmonised standards or technical specifications have not been met 
by  a  manufacturer,  it  shall  require  that  manufacturer  to  take  appropriate  corrective 
measures and shall not issue a conformity certificate. 

Where,  in  the  course  of  the  monitoring  of  conformity  following  the  issue  of  a 
certificate, a notified body finds that an explosive no longer complies, it shall require 
the  manufacturer  to  take  appropriate  corrective  measures  and  shall  suspend  or 
withdraw the certificate if necessary. 

Where  corrective  measures  are  not  taken  or  do  not  have  the  required  effect,  the 
notified body shall restrict, suspend or withdraw any certificates, as appropriate. 

1. 

2. 

3. 

4. 

1. 

2. 

3. 

4. 

5. 

EN 

44 

   EN 

Article 36 
Appeal against decisions of notified bodies 

Member States shall ensure that an appeal procedure against decisions of the notified bodies 
is available. 

Article 37 [Article R28 of Decision No 768/2008/EC] 
Information obligation on notified bodies 

1. 

Notified bodies shall inform the notifying authority of the following: 

(a) 

 any refusal, restriction, suspension or withdrawal of a certificate; 

(b) 

any circumstances affecting the scope of and conditions for notification; 

(c) 

any request for information which they have received from market surveillance 
authorities regarding conformity assessment activities; 

(d)  on  request,  conformity  assessment  activities  performed  within  the  scope  of 
their  notification  and  any  other  activity  performed,  including  cross-border 
activities and subcontracting. 

2. 

Notified bodies shall provide the other bodies notified under this Directive carrying 
out  similar  conformity  assessment  activities  covering  the  same  products  with 
relevant  information  on  issues  relating  to  negative  and,  on  request,  positive 
conformity assessment results. 

Article 38 [Article R29 of Decision No 768/2008/EC] 
Exchange of experience 

The  Commission  shall  provide  for  the  organisation  of  exchange  of  experience  between  the 
Member States' national authorities responsible for notification policy. 

Article 39 [Article R30 of Decision EC 768/2008] 
Coordination of notified bodies 

The Commission shall ensure that appropriate coordination and cooperation between bodies 
notified under this Directive are put in place and properly operated in the form of a sectoral 
group of notified bodies. 

Member  States  shall  ensure  that  the  bodies  notified  by  them  participate  in  the  work  of  that 
group, directly or by means of designated representatives. 

EN 

45 

   EN 

CHAPTER 6 

UNION MARKET SURVEILLANCE, CONTROL OF PRODUCTS ENTERING THE UNION 
MARKET AND SAFEGUARD PROCEDURES 

Article 40 
Union market surveillance and control of products entering the Union market 

Article 15(3) and Articles 16 to 29 of Regulation (EC) No 765/2008 shall apply to explosives. 

Article 418 [Article R31 of Decision No 768/2008/EC] 
 ⌦ Procedure for dealing with explosives presenting a risk at national level ⌫ 

(cid:208) 93/15/EEC (adapted) 

1. 

– 

– 

– 

1. 

(cid:208) 93/15/EEC 

Where a Member State establishes that an explosive bearing CE conformity marking 
and  being  used  for  its  intended  purpose  may  compromise  safety,  it  shall  take  all 
interim measures necessary to withdraw the explosive from the market or prohibit its 
being placed on the market or its freedom of movement. 

The  Member  State  shall  immediately  inform  the  Commission  of  such  measures, 
indicating the reasons for its measures and, in particular, whether non-conformity is 
the result of: 

non-compliance with essential requirements, 

incorrect application of standards, or 

a shortcoming in the standards. 

(cid:216) new 

Where  the  market  surveillance  authorities  of  one  Member  State  have  taken  action 
pursuant  to  Article  20  of  Regulation  (EC)  No  765/2008,  or  where  they  have 
sufficient reason to believe that an explosive presents a risk to the health or safety of 
persons  or  to  public  security,  they  shall  carry  out  an  evaluation  in  relation  to  the 
explosive  concerned  covering  all  the  requirements  laid  down  in  this  Directive.  The 
relevant  economic  operators  shall  cooperate  as  necessary  with  the  market 
surveillance authorities.  

EN 

46 

   EN 

 
 
 
2. 

3. 

4. 

5. 

6. 

7. 

Where, in the course of that evaluation, the market surveillance authorities find that 
the  explosive  does  not  comply  with  the  requirements  laid  down  in  this  Directive, 
they  shall  without  delay  require  the  relevant  economic  operator  to  take  all 
appropriate  corrective  action  to  bring  the  explosive  into  compliance  with  those 
requirements,  to  withdraw  the  explosive  from  the  market,  or  to  recall  it  within  a 
reasonable period, commensurate with the nature of the risk, as they may prescribe. 

The  market  surveillance  authorities  shall  inform  the  relevant  notified  body 
accordingly. 

Article 21 of Regulation (EC) No 765/2008 shall apply to the measures referred to in 
the second subparagraph. 

Where  the  market  surveillance  authorities  consider  that  non-compliance  is  not 
restricted to their national territory, they shall inform the Commission and the other 
Member  States  of  the  results  of  the  evaluation  and  of  the  actions  which  they  have 
required the economic operator to take. 

The economic operator shall ensure that all appropriate corrective action is taken in 
respect  of  all  the  explosives  concerned  that  it  has  made  available  on  the  market 
throughout the Union. 

Where  the  relevant  economic  operator  does  not  take  adequate  corrective  action 
within the period referred to in the second subparagraph of paragraph 1, the market 
surveillance authorities shall take all appropriate provisional measures to prohibit or 
restrict  the  explosive's  being  made  available  on  their  national  market,  to  withdraw 
the explosive from that market or to recall it. 

The  market  surveillance  authorities  shall  inform  the  Commission  and  the  other 
Member States, without delay, of those measures. 

The  information  referred  to  in  paragraph  4  shall  include  all  available  details,  in 
particular  the  data  necessary  for  the  identification  of  the  non-compliant  explosive, 
the  origin  of  the  explosive,  the  nature  of  the  non-compliance  alleged  and  the  risk 
involved, the nature and duration of the national measures taken and the arguments 
put forward by the relevant economic operator. In particular, the market surveillance 
authorities  shall  indicate  whether  the  non-compliance  is  due  to  either  of  the 
following: 

(a) 

failure of the explosive to meet requirements relating to the health or safety of 
persons  or  to  other  aspects  of  public  interest  protection  laid  down  in  this 
Directive; 

(b) 

shortcomings in the harmonised standards referred to in Article 18 conferring a 
presumption of conformity. 

Member  States  other  than  the  Member  State  initiating  the  procedure  shall  without 
delay inform the Commission and the other Member States of any measures adopted 
and of any additional information at their disposal relating to the non-compliance of 
the explosive concerned, and, in the event of disagreement with the notified national 
measure, of their objections. 

EN 

47 

   EN 

8. 

9. 

Where, within 6 months of receipt of the information referred to in paragraph 4, no 
objection has been raised by either a Member State or the Commission in respect of a 
provisional  measure  taken  by  a  Member  State,  that  measure  shall  be  deemed 
justified. 

Member States shall ensure that appropriate restrictive measures are taken in respect 
of the explosive concerned without delay. 

(cid:208) 93/15/EEC 

2.  The  Commission  shall  consult  the  parties  concerned  as  soon  as  possible.  Where  the 
Commission  establishes,  after  consultation,  that  the  measures  are  justified,  it  shall 
immediately inform the Member State which took the initiative, as well as the other Member 
States.  Where  the  Commission  establishes,  after  consultation,  that  the  measures  are 
unjustified, it shall immediately inform the Member State which took the decision. 

In  the  particular  case  where  the  measures  referred  to  in  paragraph  1  are  based  on  a 
shortcomings  in  the  standards,  the  Commission  shall  first  consult  the  parties  concerned  and 
then within two months bring the matter before the Standing Committee set up by Directive 
83/189/EEC  if  the  Member  State  which  took  the  measures  intends  to  maintain  them  and 
initiates the procedures referred to in Article 5. 

(cid:216) new 

Article 42 [Article R32 of Decision No 768/2008/EC] 
 Union safeguard procedure 

1. 

2. 

3. 

Where,  on  completion  of  the  procedure  set  out  in  Article  41(3)  and  (4),  objections 
are  raised  against  a  measure  taken  by  a  Member  State,  or  where  the  Commission 
considers  a  national  measure  to  be  contrary  to  Union  legislation,  the  Commission 
shall without delay enter into consultation with the Member States and the relevant 
economic operator or operators and shall evaluate the national measure. On the basis 
of  the  results  of  that  evaluation,  the  Commission  shall  decide  whether  the  national 
measure is justified or not. 

The  Commission  shall  address  its  decision  to  all  Member  States  and  shall 
immediately  communicate  it  to  them  and  the  relevant  economic  operator  or 
operators. 

If  the  national  measure  is  considered  justified,  all  Member  States  shall  take  the 
measures  necessary  to  ensure  that  the  non-compliant  explosive  is  withdrawn  from 
their market, and shall inform the Commission accordingly. If the national measure 
is considered unjustified, the Member State concerned shall withdraw the measure. 

Where  the  national  measure  is  considered  justified  and  the  non-compliance  of  the 
explosive  is  attributed  to  shortcomings  in  the  harmonised  standards  referred  to  in 

EN 

48 

   EN 

 
 
Article 18 of this Directive, the Commission shall apply the procedure provided for 
in Article 8 of (EU) No [../..] [Standardisation Regulation]. 

Article 43 [Article R33 of Decision No 768/2008/EC] 
Compliant explosives which present a risk to health and safety 

Where,  having  performed  an  evaluation  under  Article  41(1),  a  Member  State  finds 
that although an explosive is in compliance with this Directive, it presents a risk to 
the health or safety of persons or to other aspects of public interest protection, it shall 
require the relevant economic operator to take all appropriate measures to ensure that 
the explosive concerned, when placed on the market, no longer presents that risk, to 
withdraw  the  explosive  from  the  market  or  to  recall  it  within  a  reasonable  period, 
commensurate with the nature of the risk, as it may prescribe. 

The economic operator shall ensure that corrective action is taken in respect of all the 
explosives concerned that he has made available on the market throughout the Union. 

The Member State shall immediately inform the Commission and the other Member 
States.  That  information  shall  include  all  available  details,  in  particular  the  data 
necessary for the identification of the explosive concerned, the origin and the supply 
chain of the explosive, the nature of the risk involved and the nature and duration of 
the national measures taken. 

The Commission shall without delay enter into consultation with the Member States 
and  the  relevant  economic  operator  or  operators  and  shall  evaluate  the  national 
measures taken. On the basis of the results of that evaluation, the Commission shall 
decide  whether  the  measure  is  justified  or  not,  and  where  necessary,  propose 
appropriate measures. 

The  Commission  shall  address  its  decision  to  all  Member  States  and  shall 
immediately  communicate  it  to  them  and  the  relevant  economic  operator  or 
operators. 

1. 

2. 

3. 

4. 

5. 

(cid:208) 93/15/EEC (adapted) 

Article 44 [Article R34 of Decision No 768/2008/EC] 
 ⌦ Formal non-compliance ⌫ 

3. Where CE conformity marking is borne by an explosive which does not comply with the 
requirements, the competent Member State shall take appropriate measures in respect of the 
person  who  affixed  the  marking  and  shall  inform  the  Commission  and  the  other  Member 
States. 

EN 

49 

   EN 

 
(cid:216) new 

1. 

Without prejudice to Article 41, where a Member State makes one of the following 
findings,  it  shall  require  the  relevant  economic  operator  to  put  an  end  to  the  non-
compliance concerned: 

(a) 

the  conformity  marking  has  been  affixed  in  violation  of  Article  30  of 
Regulation (EC) No 765/2008 or of Article 22 of this Directive; 

(b) 

the conformity marking has not been affixed; 

(c) 

the EU declaration of conformity has not been drawn up; 

(d) 

the EU declaration of conformity has not been drawn up correctly; 

(e) 

technical documentation is either not available or not complete. 

2. 

Where  the  non-compliance  referred  to  in  paragraph  1  persists,  the  Member  State 
concerned  shall  take  all  appropriate  measures  to  restrict  or  prohibit  the  explosive 
being made available on the market or ensure that it is recalled or  withdrawn from 
the market. 

CHAPTER 7 

DELEGATED POWERS AND COMMITTEE 

Article 45 
Delegated power 

The Commission shall be empowered to adopt delegated acts in accordance with Article 46 
concerning  the  identification  of  pyrotechnic  articles  referred  to  in  Article  1(2)(b)  and  of 
certain  ammunition  referred  to  in  Article  1(1)(b)  on  the  basis  of the  United  Nations 
recommendations on the transport of dangerous goods. 

Article 46 
Exercise of the delegation 

1. 

2. 

3. 

The  power  to  adopt  delegated  acts  is  conferred  on  the  Commission  subject  to  the 
conditions laid down in this Article. 

The  delegation  of  power  referred  to  in  Article  45  shall  be  conferred  for  an 
indeterminate period of time from [insert a date - the date of entry into force of this 
Directive]. 

The delegation of powers referred to in Article 45 may be revoked at any time by the 
European Parliament or by the Council. A decision of revocation shall put an end to 
the  delegation  of  the  power  specified  in  that  decision.  It  shall  take  effect  the  day 

EN 

50 

   EN 

 
4. 

5. 

following  the  publication  of  the  decision  in  the  Official  Journal  of  the  European 
Union  or  at  a  later  date  specified  therein.  It  shall  not  affect  the  validity  of  any 
delegated acts already in force.  

As soon as it adopts a delegated act, the Commission shall notify it simultaneously to 
the European Parliament and to the Council.  

A  delegated  act  adopted  pursuant  to  Article  45  shall  enter  into  force  only  if  no 
objection  has  been  expressed  either  by  the  European  Parliament  or  the  Council 
within a period of 2 months of notification of that act to the European Parliament and 
the Council or if, before the expiry of that period, the European Parliament and the 
Council  have  both  informed  the  Commission  that  they  will  not  object.  That  period 
shall  be  extended  by  2  months  at  the  initiative  of  the  European  Parliament  or  the 
Council. 

(cid:208) (EC) 219/2009 (adapted) 
(cid:214) new 

Article 4713 
 ⌦ Committee procedure ⌫ 

1. 

The  Commission  shall  be  assisted  by  ⌦ the ⌫  a  Ccommittee  ⌦ on  Civil 
Explosives ⌫.  (cid:214) That  committee  shall  be  a  committee  within  the  meaning  of 
Regulation (EU) No 182/2011.  

(cid:208) (EC) 219/2009 
(cid:214) new 

2. The committee shall examine any matter concerning the application of this Directive. 

23. 

Where reference is made to this paragraph, Articles (cid:214) 5  4 and 7 of (cid:214) Regulation 
(EU)  No  182/2011   Decision  1999/468/EC  shall  apply,  having  regard  to  the 
provisions of Article 8 thereof. 

4. Where reference is made  to this paragraph, Article 5a(1) to (4) and Article 7 of Decision 
1999/468/EC shall apply, having regard to the provisions of Article 8 thereof. 

5  The  Commission  shall,  in  accordance  with  the  management  procedure  referred  to  in 
paragraph 3,  adopt  implementing  measures  in  particular  to  take  account  of  any  future 
amendments to the United Nations recommendations. 

EN 

51 

   EN 

 
 
(cid:208) 93/15/EEC (adapted) 

CHAPTER V 8 

⌦ TRANSITIONAL AND ⌫ FINAL PROVISIONS 

Article 4817 
 ⌦ Penalties ⌫ 

Each Member States shall determine ⌦ lay down rules on ⌫ the penalties ⌦ applicable ⌫ 
to be applied for infringement ⌦ infringements ⌫ of the ⌦ national ⌫ provisions adopted 
⌦ pursuant  to ⌫  in  implementation  of  this  Directive  ⌦ and  shall  take  all  measures 
necessary  to  ensure  that  they  are  enforced ⌫.  The  penalties  shall  be  sufficient  to  promote 
compliance with those provisions. 

⌦ The penalties provided for shall be effective, proportionate and dissuasive. ⌫ 

Member States shall notify those provisions to the Commission by [insert the date specified 
in Article 50(1)] at the latest and shall notify it without delay of any subsequent amendment 
affecting them. 

(cid:216) new 

(cid:208) 93/15/EEC (adapted) 
(cid:206)1 Corrigendum,  OJ  L 
7.4.1995, p. 34 
(cid:214) new 

79, 

Article 4919 
 ⌦ Transitional provisions ⌫ 

1.  Member  States  shall  (cid:214) not  impede  the  making  available  on  the  market  of  explosives 
covered by Directive 93/15/EC which are in conformity with that Directive and which were 
placed  on  the  market  before  [Insert  date  -  date  referred  to  in  the  second  subparagraph  of 
Article 48(1)]  bring into force the provisions necessary to comply with Articles 9, 10, 11, 
12, 13 and 14 before 30 September 1993. 

(cid:214) Certificates  of  conformity  issued  under  Directive  93/15/EEC  shall  be  valid  under  this 
Directive.  

EN 

52 

   EN 

 
 
 
Article 50 
 ⌦ Transposition ⌫ 

12. 

Member States shall adopt and publish ⌦ , by [insert date – 2 years after adoption] 
at  the  latest, ⌫  before  30  June  1994  the  laws,  regulations  and  administrative 
provisions  necessary  to  comply  with ⌦ Articles  2  (7),  2  (9)-(24),  3-10,  14  (1),  19 
(1) (a) (i), 20-26, 27 (1)-(4), 27 (6)-(7), 27 (10)-(11), 28-44, 48, 49 and Annex II ⌫ 
the  provisions  other  than  those  mentioned  in  paragraph  1.  They  shall  forthwith 
inform  ⌦ communicate  to ⌫  the  Commission  thereof  ⌦ the  text  of  those 
provisions and a correlation table between those provisions and this Directive ⌫. 

They  shall  apply  ⌦ those ⌫  these  provisions  as  from  ⌦ [day  after  the  date 
mentioned in the first subparagraph] ⌫ 1 January 1995. 

3. When Member States adopt the provisions referred to in paragraphs 1 and 2 those 
provisions,  ⌦ they ⌫  shall  contain  a  reference  to  this  Directive  or  shall  be 
accompanied by such ⌦ a ⌫ reference on the occasion of their official publication. 
⌦ They  shall  also  include  a  statement  that  references  in  existing  laws,  regulations 
and  administrative  provisions  to  the  Directive  repealed  by  this  Directive  shall  be 
construed  as  references  to  this  Directive. ⌫  The  methods  of  making  such  a 
reference  shall  be  determined  by  the  Member  States  ⌦ shall  determine  how  such 
reference is to be made and how that statement is to be formulated ⌫. 

4.  However,  during  the  period  up  to  31  December  2002,  Member  States  shall  allow  the 
placing on the (cid:206)1 market  of explosives complying with the national regulations in force in 
their territory before 31 December 1994. 

25. 

Member  States  shall  communicate  to  the  Commission  the  ⌦ text  of  the  main ⌫ 
provisions of national law which they adopt in the field ⌦ covered ⌫ governed by 
this Directive. 

(cid:208)  

Article 51 
Repeal 

Directive 93/15/EEC as amended by the acts listed in Annex III is repealed with effect from 
[day after the date set out in the second subparagraph of Article 48(1) of this Directive]. 

References to Directive 93/15/EEC shall be construed as references to this Directive and shall 
be read in accordance with the correlation table in Annex IV. 

Article 52 
Entry into force 

This Directive shall enter into force on the twentieth day following that of its publication in 
the Official Journal of the European Union. 

EN 

53 

   EN 

 
Articles 1, 2 (1) – (6), 2 (8), 11, 12, 13, 14 (2), 15, 16, 17, 18, 19 (1) (a) (ii) – (iv), 19 (1) (b), 
27 (5), 27 (8), 27 (9), 45-47 and Annexes I, III and IV shall apply from [day after the date set 
out in the second subparagraph of Article 48 (1)]. 

(cid:208) 93/15/EEC 

Article 5320 

This Directive is addressed to the Member States. 

Done at [...]. 

For the European Parliament 
The President 

For the Council 
The President

EN 

54 

   EN 

 
(cid:208) 93/15/EEC  

ANNEX I 

ESSENTIAL SAFETY REQUIREMENTS 

I. GENERAL REQUIREMENTS 

(cid:208) 93/15/EEC (adapted) 
(cid:206)1 Corrigendum,  OJ  L 
7.4.1995, p. 34 

79, 

Each  explosive  must  be  designed,  manufactured  and  supplied  in  such  a  way  as  to 
present a minimal risk to the safety of human life and health, and to prevent damage 
to property and the environment under normal, foreseeable conditions, in particular 
as regards the safety rules and (cid:206)1 standard practices until such time as it is used.  

(cid:208) 93/15/EEC 

Each  explosive  must  attain  the  performance  characteristics  specified  by  the 
manufacturer in order to ensure maximum safety and reliability. 

Each  explosive  must  be  designed  and  manufactured  in  such  a  way  that  when 
appropriate  techniques  are  employed  it  can  be  disposed  of  in  a  manner  which 
minimizes effects on the environment. 

1. 

2. 

3. 

II. SPECIAL REQUIREMENTS 

(cid:208) 93/15/EEC (adapted) 
(cid:206)1 Corrigendum,  OJ  L 
7.4.1995, p. 34 

79, 

1. 

As  a  minimum,  the  following  information  and  properties,—  where  appropriate  ,— 
(cid:206)1 must be considered or tested:. Each explosive should be tested under realistic 
conditions. If this is not possible in a laboratory, the tests should be carried out in the 
conditions in which the explosive is to be used. 

EN 

55 

   EN 

 
 
 
 
(cid:208) 93/15/EEC  
(cid:206)1 Corrigendum,  OJ  L 
7.4.1995, p. 34 

79, 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

(cid:206)1 dDesign and characteristic properties, including chemical composition, degree of 
homogeneity  and, where appropriate, dimensions and grain size distribution;. 

tThe physical and chemical stability of the explosive in all environmental conditions 
to which it may be exposed;. 

sSensitiveness to impact and friction;. 

cCompatibility of all components as regards their physical and chemical stability;. 

tThe chemical purity of the explosive;. 

Resistance of the explosive against influence of water where it is intended to be used 
in  humid  or  wet  conditions  and  where  its  safety  or  reliability  may  be  adversely 
affected by water;. 

rResistance to low and high temperatures, where the explosive is intended to be kept 
or used at such temperatures and its safety or reliability may be adversely affected by 
cooling or heating of a component or of the explosive as a whole;. 

(cid:208) 93/15/EEC (adapted) 
(cid:206)1 Corrigendum,  OJ  L 
7.4.1995, p. 34 

79, 

(h) 

tThe  suitability  of  the  explosive  for  use  in  hazardous  environments  (cid:206)1 (e.g. 
firedamp  atmospheres,  hot  masses,  etc.)   if  it  is  intended  to  be  used  under  such 
conditions;. 

(cid:208) 93/15/EEC 
(cid:206)1 Corrigendum,  OJ  L 
7.4.1995, p. 34 

79, 

(i) 

(j) 

(k) 

(l) 

sSafety features intended to prevent untimely or inadvertent initiation or ignition;. 

tThe  correct  loading  and  functioning  of  the  explosive  when  used  for  its  intended 
purpose;. 

sSuitable  instructions  and,  where  necessary,  markings  in  respect  of  safe  handling, 
storage,  use  and  disposal  in  the  official  language  or  languages  of  the  recipient 
Member State;. 

(cid:206)1 tThe ability of the explosive, its wrapping or  other components to withstand 
deterioration during storage until the «use by» date specified by the manufacturer;. 

EN 

56 

   EN 

 
 
 
(m) 

sSpecification of all devices and accessories needed for reliable and safe functioning 
of the explosive. 

(cid:208) 93/15/EEC (adapted) 

2. 

32. 

⌦ Each explosive shall be tested under realistic conditions. If this is not possible in 
a laboratory, the tests shall be carried out in the conditions in which the explosive is 
to be used. ⌫  

The  various⌦ Requirements  for  the ⌫  groups  of  explosives  must  at  least  also 
comply with the following requirements: 

3.1A.  Blasting explosives ⌦ shall also comply with the following requirements: ⌫ 

(cid:208) 93/15/EEC 
(cid:206)1 Corrigendum,  OJ  L 
7.4.1995, p. 34 

79, 

(a) 

(b) 

(c) 

tThe  proposed  method  of  initiation  must  ensure  safe,  reliable  and  complete 
detonation or deflagration as appropriate, of the blasting explosive. In the particular 
case  of  black  powder,  it  is  the  capacity  as  regards  deflagration  which  shall  be 
checked;. 

bBlasting  explosives  in  cartridge  form  must  transmit  the  detonation  safely  and 
reliably from one end of the train of cartridges to the other;. 

(cid:206)1 tThe fumes 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 
conditions. 

3.2B.  (cid:206)1 Detonating  cords,  safety  fuses,  other  fuses  and  shock  tubes  ⌦ shall  also 

comply with the following requirements: ⌫ 

(cid:208) 93/15/EEC (adapted) 
(cid:206)1 Corrigendum,  OJ  L 
7.4.1995, p. 34 

79, 

(cid:208) 93/15/EEC 
(cid:206)1 Corrigendum,  OJ  L 
7.4.1995, p. 34 

79, 

(a) 

tThe  covering  of  detonating  cords,  safety  fuses  (cid:206)1 and  other  fuses  must   be  of 
adequate  mechanical  strength  and  adequately  protect  the  explosive  filling  when 
exposed to normal mechanical stress;. 

EN 

57 

   EN 

 
 
 
 
(b) 

(c) 

tThe parameters for the burning times of safety fuses must be indicated and must be 
reliably met;. 

dDetonating  cords  must  be  capable  of  being  reliably  initiated,  be  of  sufficient 
initiation  capability  and  comply  with  requirements  as  regards  storage  even  in 
particular climatic conditions. 

3.3C.  Detonators  (including  delay  detonators)  and  relays  ⌦ shall  also  comply  with  the 

following requirements: ⌫ 

(cid:208) 93/15/EEC (adapted) 

(cid:208) 93/15/EEC 
(cid:206)1 Corrigendum,  OJ  L 
7.4.1995, p. 34 

79, 

(a) 

dDetonators must reliably initiate the detonation of the blasting explosives which are 
intended to be used with them under all foreseeable conditions of use;. 

(b)  (cid:206)1 dDelay connectors for detonating cords must be reliably initiated;.  

(c) 

(d) 

tThe initiation capability must not be adversely affected by humidity;. 

tThe delay times of delay detonators must be sufficiently uniform to ensure that the 
probability of overlapping of the delay times of adjacent time steps is insignificant;. 

(e) 

tThe  electrical  characteristics  of  electric  detonators  must  be  indicated  on  the 
packaging (e.g. no-fire current, resistance, etc.);. 

(cid:208) 93/15/EEC (adapted) 

(f) 

tThe  wires  of  electric  detonators  must  be  of  sufficient  insulation  and  mechanical 
strength  including  the  solidity  of  the  link  to  the  detonator,  taking  account  of  their 
intended use. 

(cid:208) 93/15/EEC 

3.4D.  Propellants  and  rocket  propellants  ⌦ shall  also  comply  with  the  following 

requirements: ⌫ 

(cid:208) 93/15/EEC (adapted) 

EN 

58 

   EN 

 
 
 
 
 
(cid:208) 93/15/EEC 

(a) 

(b) 

(c) 

tThese materials must not detonate when used for their intended purpose;. 

pPropellants where necessary (e.g. those based on nitrocellulose) must be stabilized 
against decomposition;. 

sSolid  rocket  propellants,  when  in  compressed  or  cast  form,  must  not  contain  any 
unintentional  fissures  or  gas  bubbles  which  dangerously  affect  their  functioning.

EN 

59 

   EN 

 
(cid:208) 93/15/EEC (adapted) 
(cid:214) new 

ANNEX II 

⌦ CONFORMITY ASSESSMENT PROCEDURES ⌫ 

1. MODULE B:  

EC ⌦ EU ⌫ type –examination 

1. This module describes that part of the procedure by which a notified body ascertains and 
attests  that  an  example,  representative  of  the  production  envisaged,  meets  the  relevant 
provisions of the Directive. 

(cid:216) new 

1. EU type examination is the part of a conformity assessment procedure in which a notified 
body examines the technical design of an explosive and verifies and attests that the technical 
design of the explosive meets the requirements of this Directive that apply to it. 

2. EU type examination shall be carried out as an examination of a specimen, representative 
of the production envisaged, of the complete product (production type). 

23. The ⌦ manufacturer shall lodge ⌫ application for EC type-examination is lodged by the 
manufacturer  or  his  authorized  representative  established  within  the  Community  ⌦ an 
application for EU type examination ⌫ with a ⌦ single ⌫ notified body of his choice. 

(cid:208) 93/15/EEC (adapted) 

The application must ⌦ shall ⌫ include: 

(a) 

the  name  and  address  of  the  manufacturer  and,  if  the  application  is  lodged  by  the 
authoriszed  representative,  ⌦ his ⌫  the  name  and  address  ⌦ as  well ⌫;in 
addition, 

(b) 

a  written  declaration  that  the  same  application  has  not  been  lodged  with  any  other 
notified body;, 

(cid:208) 93/15/EEC 

EN 

60 

   EN 

 
 
 
 
(cid:208) 93/15/EEC (adapted) 
(cid:214) new 

(c) 

the  technical  ⌦ documentation ⌫  documents,  as  described  in  Section  3.The 
applicant must place at the disposal of the notified body an example representative of 
the production envisaged, hereinafter called «type». The notified body may request 
further  examples  if  needed  for  carrying  out  the  test  programme.3.  The  technical 
⌦ documentation ⌫ documents must enable ⌦ shall make it possible to assess ⌫ 
the  ⌦ explosive's ⌫  conformity  of  the  appliance  with  the  ⌦ applicable ⌫ 
requirements of the ⌦ this ⌫ Directive ⌦ and shall include an adequate analysis 
and  assessment  of  the  risk(s) ⌫  to  be  assessed.  They  must  (cid:214) The  technical 
documentation  shall  specify  the  applicable  requirements  and  cover ,  as  far  as  is 
relevant for ⌦ the ⌫ such assessment, cover the design, manufacture and operation 
of  the  ⌦ explosive. ⌫  appliance  and  ⌦ The  technical  documentation  shall ⌫ 
contain  ⌦ wherever  applicable,  at  least  the  following  elements ⌫  as  far  as  is 
relevant for assessment: 

(i) 

a general type-description ⌦ of the explosive ⌫;, 

(ii) 

conceptual  design  and  manufacturing  drawings  and ⌦ schemes ⌫  diagrams 
of ⌦ e.g. ⌫ components, sub-assemblies, circuits;, etc., 

(iii)  descriptions  and  explanations  necessary  for 

the 
⌦ those ⌫ drawings and ⌦ schemes ⌫ diagrams and the operation of the 
⌦ explosive ⌫;product, 

the  understanding  of 

(iv)  a  list  of  the  ⌦ harmonised ⌫  standards  ⌦ and/or  other  relevant  technical 
specifications  the  references  of  which  have  been  published  in  the  Official 
Journal of the European Union ⌫ referred to in Article 4, applied in full or in 
part,  and  descriptions  of  the  solutions  adopted  to  meet  the  essential 
requirements  of  the ⌦ this ⌫  Directive  where  the ⌦ those  harmonised ⌫ 
standards  referred  to  in  Article  5  have  not  been  applied.,  (cid:214) In  the  event  of 
partly applied harmonised standards, the technical documentation shall specify 
the parts which have been applied.  

(v) 

results of design calculations made, examinations carried out, etc.;, 

(cid:208) 93/15/EEC 

(vi) 

test reports;. 

(d) 

the  specimens  representative  of  the  production  envisaged.  The  notified  body  may 
request further specimens if needed for carrying out the test programme;  

(cid:216) new 

EN 

61 

   EN 

 
 
 
(e) 

the  supporting  evidence  for  the  adequacy  of  the  technical  design  solution.  This 
supporting evidence shall mention any documents that have been used, in particular 
where  the  relevant  harmonised  standards  and/or  technical  specifications  have  not 
been  applied  in  full.  The  supporting  evidence  shall  include,  where  necessary,  the 
results  of  tests  carried  out  by  the  appropriate  laboratory  of  the  manufacturer,  or  by 
another testing laboratory on his behalf and under his responsibility. 

(cid:208) 93/15/EEC (adapted) 
(cid:214) new 

4. 

The notified body ⌦ shall ⌫ must: 

⌦ For the explosive: ⌫ 

4.1. 

examine  the  technical  ⌦ documentation ⌫  (cid:214) and  supporting  evidence  to  assess 
the adequacy of the technical design of the explosive. documents, 

⌦ For the specimen(s): ⌫ 

4.2. 

verify  that  the ⌦ specimen(s)  have ⌫  type  has  been  manufactured  in  conformity 
with ⌦ the technical documentation ⌫ those documents and identify the elements 
which have been designed in accordance with the ⌦ applicable provisions of the ⌫ 
technical 
relevant  provisions  of 
specifications,  as  well  as  the  elements ⌫  referred  to  in  Article  4  as  well  as  the 
components  which  have  been  designed  without  applying  the  relevant  provisions  of 
those standards; 

the  ⌦ harmonised ⌫  standards  ⌦ and/or 

4.3.4.2.  perform  or  have  performed  the  ⌦ carry  out ⌫  appropriate  examinations  and 
necessary  tests⌦ ,  or  have  them  carried  out, ⌫  to  check  whether,  where  the 
⌦ manufacturer has chosen to apply ⌫ standards referred to in Article 4 have not 
been applied, the solutions ⌦ in the relevant harmonised standards and/or technical 
specifications,  these  have  been  applied  correctly ⌫  adopted  by  the  manufacturer 
meet the essential requirements of the Directive; 

4.4.4.3.  perform  or  have  performed  the  ⌦ carry  out ⌫  appropriate  examinations  and 
necessary  tests  ⌦ ,  or  have  them  carried  out, ⌫  to  check  whether,  where  the 
⌦ solutions in ⌫ manufacturer has chosen to apply the relevant ⌦ harmonised ⌫ 
standards, these ⌦ and/or technical specifications ⌫ have ⌦ not ⌫ actually been 
applied  (cid:214) ,  the  solutions  adopted  by  the  manufacturer  meet  the  corresponding 
essential safety requirements of this Directive ; 

4.5.4.4.  agree  with  the  applicant  ⌦ manufacturer  on  a ⌫  the  location  where  the 

examinations and necessary tests ⌦ will ⌫ are to be carried out. 

5. 

The  notified  body  shall  draw  up  an  evaluation  report  that  records  the  activities 
undertaken in accordance with point 4 and their outcomes. Without prejudice to its 

(cid:216) new 

EN 

62 

   EN 

 
 
obligations  vis-à  vis  the  notifying  authorities,  the  notified  body  shall  release  the 
content of that report, in full or in part, only with the agreement of the manufacturer.  

(cid:208) 93/15/EEC (adapted) 
(cid:206)1 Corrigendum,  OJ  L 
7.4.1995, p. 34 
(cid:214) new 

79, 

65. 

Where the type meets the ⌦ requirements ⌫ relevant provisions of this Directive, 
the notified body ⌦ shall ⌫ issues an EC ⌦ EU ⌫ type -examination certificate 
to  the  ⌦ manufacturer ⌫  applicant.  The  certificate  ⌦ shall  contain ⌫  contains 
the  name  and  (cid:206)1 address   of  the  manufacturer,  the  conclusions  of  the 
examination, ⌦ the conditions (if any) for its validity ⌫ and ⌦ the ⌫ necessary 
data for identification of the approved type. (cid:214) The certificate may have one or more 
annexes attached.  

(cid:216) new 

The  certificate  and  its  annexes  shall  contain  all  relevant  information  to  allow  the 
conformity of manufactured products with the examined type to be evaluated and to 
allow for in-service control. 

Where  the  type  does  not  satisfy  the  applicable  requirements  of  this  Directive,  the 
notified  body  shall  refuse  to  issue  an  EU  type  examination  certificate  and  shall 
inform the applicant accordingly, giving detailed reasons for its refusal. 

(cid:208) 93/15/EEC 

A list of the relevant parts of the technical documents is annexed to the certificate and a copy 
kept by the notified body. 

If the manufacturer or his authorized representative established in the Community is refused a 
type certificate, the notified body must provide detailed reasons for such refusal. 

Provision must be made for an appeals procedure. 

(cid:216) new 

7. 

The  notified  body  shall  keep  itself  appraised  of  any  changes  in  the  generally 
acknowledged state of the art which indicate that the approved type may no longer 
comply  with  the  applicable  requirements  of  this  Directive,  and  shall  determine 
whether  such  changes  require  further  investigation.  If  so,  the  notified  body  shall 
inform the manufacturer accordingly. 

EN 

63 

   EN 

 
 
 
 
(cid:208) 93/15/EEC (adapted) 
(cid:206)1 Corrigendum,  OJ  L 
7.4.1995, p. 34 

79, 

6.The  ⌦ manufacturer  shall  inform ⌫  applicant  informs  the  notified  body  that 
holds  the  technical  documents ⌦ documentation  relating to ⌫  concerning  the  EC 
⌦ EU ⌫ type -examination certificate of all (cid:206)1 modifications  to the approved 
⌦ type ⌫  appliance  which  must  receive  additional  approval  where  such  changes 
⌦ that ⌫  may  affect  the  conformity  ⌦ of  the  explosive ⌫  with  the  essential 
⌦ safety ⌫ requirements ⌦ of this Directive ⌫ or the prescribed conditions for 
⌦ validity of the certificate ⌫ use of the product. This ⌦ Such modifications shall 
require ⌫ additional approval is given in the form of an addition to the original EC 
⌦ EU ⌫ type -examination certificate. 

(cid:216) new 

8. 

Each  notified  body  shall  inform  its  notifying  authorities  concerning  the  EU  type 
examination  certificates  and/or  any  additions  thereto  which  it  has  issued  or 
withdrawn,  and  shall,  periodically  or  upon  request,  make  available  to  its  notifying 
authorities the list of certificates and/or any additions thereto refused, suspended or 
otherwise restricted.  

(cid:208) 93/15/EEC (adapted) 
(cid:214) new 

7.  Each  notified  body  ⌦ shall  inform ⌫  must  communicate  to  the  other  notified 
bodies  the  relevant  information  concerning  the  ⌦ EU ⌫  EC  type  -examination 
certificates  and  ⌦ /or  any ⌫  additions  (cid:214) thereto  which  it  has  refused,   issued 
and withdrawn (cid:214) , suspended or otherwise restricted, and, upon request, concerning 
the certificates and/or additions thereto which it has issued . 

8. The (cid:214) Commission, the Member States and the  other notified bodies may ⌦ , 
on request, obtain a copy ⌫ receive copies of the EC ⌦ EU ⌫ type -examination 
certificates  and/or  their  additions  ⌦ thereto ⌫.  The  Annexes  to  the  certificates 
must  be  kept  at  the  disposal  of  the  other  notified  bodies.  (cid:214) On  request,  the 
Commission  and  the  Member  States  may  obtain  a  copy  of  the  technical 
documentation and the results of the examinations carried out by the notified body. 
The  notified  body  shall  keep  a  copy  of  the  EU  type  examination  certificate,  its 
annexes  and  additions,  as  well  as  the  technical  file  including  the  documentation 
submitted by the manufacturer, until the expiry of the validity of the certificate.  

9. 

The manufacturer or his authorized representative established within the Community 
must  ⌦ shall ⌫  keep  with  the  technical  documents  ⌦ a  copy ⌫  copies  of  EC 
⌦ EU ⌫ type -examination certificates and their ⌦ its annexes and ⌫ additions 
⌦ together  with  the  technical  documentation  at  the  disposal  of  the  national 
authorities ⌫ for a period of at least 10 years after the (cid:214) explosive has been placed 
on the market  last date of manufacture of the product concerned. 

EN 

64 

   EN 

 
 
 
10. 

The manufacturer's authorised representative may lodge the application referred to in 
point  3  and  fulfil  the  obligations  set  out  in  points  7  and  9,  provided  that  they  are 
specified in the mandate.  

(cid:216) new 

(cid:208) 93/15/EEC 
(cid:214) new 

Where  neither  the  manufacturer  nor  his  authorized  representative  is  established  within  the 
Community, the obligation to keep the technical documents available is the responsibility of 
the person who places the product on the Community market. 

2. MODULE C 2:  

Conformity  to  type  (cid:214) based  on  internal  production  control  plus  supervised  product 
checks at random intervals  

(cid:208) 93/15/EEC (adapted) 
(cid:214) new 

1. 

This  module  describes  that  part  of  the  (cid:214) Conformity  to  type  based  on  internal 
production control plus supervised product checks at random intervals is the part of a 
conformity  assessment   procedure  whereby  the  manufacturer  or  his  authorized 
representative established within the Community (cid:214) fulfils the obligations laid down 
in points 2, 3 and 4, and  ensures and declares ⌦ on his sole responsibility ⌫ that 
the  explosives  concerned  are  in  conformity  with  the  type  as  described  in  the  EC 
⌦ EU ⌫  type  -examination  certificate  and  satisfy  the  requirements  of  this 
Directive  that  apply  to  them.  The  manufacturer  must  affix  the  CE  mark  to  each 
explosive and draw up a written declaration of conformity. 

2. 

⌦ Manufacturing ⌫ 

The manufacturer ⌦ shall ⌫ must take all measures necessary ⌦ so ⌫ to ensure 
that the manufacturing process ⌦ and its monitoring ⌫ ⌦ ensure ⌫ assures the 
conformity  of  the  manufactured  products  with  the  type  as  described  in  the  EC 
⌦ EU ⌫  type  -examination  certificate  ⌦ and ⌫  with  the  essential  safety 
requirements of the ⌦ this ⌫ Directive ⌦ that apply to them ⌫. 

3. 

Product checks 

(cid:216) new 

A notified body, chosen by the manufacturer, shall carry out product checks or have 
them carried out at random intervals determined by the body, in order to verify the 

EN 

65 

   EN 

 
 
 
 
quality  of  the  internal  checks  on  the  explosive,  taking  into  account,  inter  alia,  the 
technological  complexity  of  the  explosives  and  the  quantity  of  production.  An 
adequate sample of the final products, taken on site by the notified body before the 
placing  on  the  market,  shall  be  examined  and  appropriate  tests  as  identified  by  the 
relevant  parts  of  the  harmonised  standards  and/or  technical  specifications,  or 
equivalent tests, shall be carried out to check the conformity of the explosive with the 
type  described  in  the  EU  type  examination  certificate  and  with  the  relevant 
requirements of this Directive. Where a sample does not conform to the acceptable 
quality level, the body shall take appropriate measures. 

The  acceptance  sampling  procedure  to  be  applied  is  intended  to  determine  whether 
the manufacturing process of the explosive performs within acceptable limits, with a 
view to ensuring conformity of the explosive. 

Where  the  tests  are  carried  out  by  notified  body,  the  manufacturer  shall,  under  the 
responsibility  of  the  notified  body,  affix  the  notified  body's  identification  number 
during the manufacturing process. 

4. 

Conformity marking and declaration of conformity 

4.1. 

The  manufacturer  shall  affix  the  required  conformity  marking  set  out  in  this 
Directive to each individual product that is in conformity with the type described in 
the EU type examination certificate and satisfies the applicable requirements of this 
Directive. 

(cid:208) 93/15/EEC (adapted) 
(cid:214) new 

4.2.3.  The  manufacturer  or  his  authorized  representative  must  (cid:214) shall  draw  up  a  written 
declaration of conformity for the explosive and  keep a copy of the declaration of 
conformity (cid:214) it at the disposal of the national authorities  for a period of at least 
10  years  after  the  (cid:214) explosive  has  been  placed  on  the  market.  The  declaration  of 
conformity shall identify the explosive for which it has been drawn up  last date of 
manufacture of the product concerned. 

5. 

Authorised representative 

(cid:216) new 

The manufacturer's obligations set out in point 4 may be fulfilled by his authorised 
representative,  on  his  behalf  and  under  his  responsibility,  provided  that  they  are 
specified in the mandate. 

EN 

66 

   EN 

 
 
(cid:208) 93/15/EEC (new) 
(cid:206)1 Corrigendum,  OJ  L 
7.4.1995, p. 34 

79, 

Where neither the manufacturer nor his is established within the Community, the obligation to 
keep  the  technical  documents  available  is  the  responsibility  of  the  person  who  places  the 
product on the Community market. 

4. A notified body chosen by the manufacturer must perform or have performed examinations 
of the product at random intervals. A suitable sample of the finished products, taken on the 
spot by the notified body, is examined (cid:206)1 and appropriate tests,  defined in the applicable 
standard or standards referred to in Article 4 or equivalent tests are carried out to check the 
conformity of the product with the requirements of the corresponding Directive. In the event 
of one or more samples of the products examined not conforming, the notified body must take 
the appropriate measures. 

Under  the  responsibility  of  the  notified  body  the  manufacturer  shall  affix  the  identification 
symbol of that body during the manufacturing process. 

3. MODULE D:  

(cid:208) 93/15/EEC (adapted) 
(cid:214) new 

⌦ Conformity to type based on ⌫ Production quality assurance ⌦ of the production 
process ⌫ 

1. 

This  module  describes  the (cid:214) Conformity to type  based  on  quality  assurance of the 
production process is the part of a conformity assessment  procedure whereby the 
manufacturer  ⌦ fulfils ⌫  who  satisfies  the  obligations  ⌦ laid  down  in  points  2 
and 5, and ⌫ of Section 2 ensures and declares ⌦ on his sole responsibility ⌫ that 
the  explosives  concerned  are  in  conformity  with  the  type  as  described  in  the  EC 
⌦ EU ⌫  type  -examination  certificate  and  satisfy  the  requirements  of  this 
Directive ⌦ that apply to them ⌫. The manufacturer affixes the CE mark to each 
explosive  and  draws  up  a  written  declaration  of  conformity.  The  CE  mark  is 
accompanied  by  the  identification  symbol  of  the  notified  body  responsible  for  the 
checks referred to in Section 4. 

2. 

⌦ Manufacturing ⌫ 

The  manufacturer  must  ⌦ shall ⌫  operate  an  approved  quality  system  for 
production, final product inspection and testing ⌦ of the explosives  concerned ⌫ 
as specified in point Section 3, ⌦ and shall be ⌫ . He is subject to ⌦ surveillance 
as specified in ⌫ the checks referred to in point Section 4. 

3. 

Quality system 

EN 

67 

   EN 

 
 
3.1. 

The  manufacturer  ⌦ shall  lodge ⌫  lodges  an  application  for  assessment  of  his 
quality  system  with  ⌦ the ⌫  a  notified  body  of  his  choice,  for  the  explosives 
concerned. 

The application must ⌦ shall ⌫ include: 

(cid:216) new 

(a) 

(b) 

the name and address of the manufacturer and, if the application is lodged by 
the authorised representative, his name and address as well;  

a  written  declaration  that  the  same  application  has  not  been  lodged  with  any 
other notified body;  

(cid:208) 93/15/EEC (adapted) 

(c) 

all relevant information for the explosive⌦ product ⌫ category envisaged;, 

(d) 

the documents ⌦ documentation ⌫ concerning the quality system;, 

(e) 

the  technical  documents  ⌦ documentation  of ⌫  pertaining  to  the  approved 
type and a copy of the EC ⌦ EU ⌫ type-examination certificate. 

3.2. 

The  quality  system  must  ⌦ shall ⌫  ensure  ⌦ that  the ⌫  conformity  of 
explosives ⌦ are in conformity ⌫ with the type as described in the EC ⌦ EU ⌫ 
type  -examination  certificate  and  ⌦ comply ⌫  with  the  requirements  of  this 
Directive that apply to them. 

All  the  elements,  requirements  and  provisions  adopted  by  the  manufacturer  must 
⌦ shall ⌫  be  documented  in  a  systematic  and  orderly  manner  in  the  form  of 
written  policies,  procedures  and  instructions.  The  quality  system  documents  must 
⌦ documentation  shall ⌫  permit  a  consistent  interpretation  of  the  quality 
programmes, plans, manuals and quality records. 

It must ⌦ shall, in particular, ⌫ contain in particular an adequate description of: 

(a) 

the  quality  objectives  and  the  organiszational  structure,  responsibilities  and 
powers  of  the  management  with  regard  to  the  ⌦ product ⌫  quality  of  the 
explosives;, 

(b) 

the ⌦ corresponding ⌫ manufacturing, quality control and quality assurance 
techniques, processes and systematic actions that will be used;, 

(c) 

the  examinations  and  tests  that  will  be  carried  out  before,  during  and  after 
manufacture, and the frequency with which they will be carried out;, 

(cid:208) 93/15/EEC 

EN 

68 

   EN 

 
 
 
(cid:208) 93/15/EEC (adapted) 
(cid:206)1 Corrigendum,  OJ  L 
7.4.1995, p. 34 
(cid:214) new 

79, 

(d) 

(e) 

the  quality  records,  such  as  inspection  reports  and  test  data,  calibration  data, 
qualification reports ⌦ on ⌫ of the personnel concerned;, etc., 

the  means  of  monitoring  the  achievement  of  the  required  ⌦ product ⌫ 
quality of explosive and the effective operation of the quality system. 

3.3. 

The notified body must ⌦ shall ⌫ assess the quality system to determine whether 
it satisfies the requirements referred to in ⌦ point ⌫ 3.2.  

It  must  ⌦ shall ⌫  presume  conformity  with  those  requirements  in  respect  of 
⌦ the  elements  of  the ⌫  quality  systems  that  (cid:214) comply  with  the  corresponding 
specifications  of  the  national  standard  that   implements  the  relevant  harmoniszed 
standard ⌦ and/or technical specifications ⌫. 

(cid:214) In  addition  to  experience  in  quality  management  systems,   tThe  auditing  team 
must  ⌦ shall ⌫  have  at  least  one  member  with  experience  of  assessing 
⌦ evaluation  in ⌫  the  relevant  product  ⌦ field  and  product ⌫  technology 
⌦ concerned, ⌫  (cid:214) and  knowledge  of  the  applicable  requirements  of  this 
Directive .  The  assessment  procedure  ⌦ audit  shall  include ⌫  includes  an 
inspection  ⌦ assessment ⌫  visit  to  the  manufacturer's  premises.  (cid:214) The  auditing 
team shall review the technical documentation referred to in point 3.1, fifth indent, to 
verify  the  manufacturer's  ability  to  identify  the  relevant  requirements  of  this 
Directive  and  to  carry  out  the  necessary  examinations  with  a  view  to  ensuring 
compliance of the explosive with those requirements.  

The  decision  is ⌦ shall  be ⌫  notified  to  the  manufacturer.  The  notification  must 
⌦ shall ⌫ contain the (cid:206)1 conclusions  of the examination ⌦ audit ⌫ and the 
⌦ reasoned ⌫ duly substantiated assessment decision. 

The manufacturer must ⌦ shall ⌫ undertake to fulfil the obligations arising out of 
the quality system as approved and ⌦ to ⌫ maintain it ⌦ so that it remains ⌫ at 
an adequate and efficient level. 

The  manufacturer  or  his  authorized  representative  must  ⌦ shall ⌫  keep  the 
notified body that has approved the quality system informed of any ⌦ intended ⌫ 
proposed change ⌦ to ⌫ in the quality system. 

The  notified  body  must  ⌦ shall  evaluate ⌫  assess  the  ⌦ any  proposed ⌫ 
changes  proposed  (cid:206)1 and   decide  whether  the  ⌦ modified ⌫  altered  quality 
system  will  ⌦ continue  to ⌫  still  satisfy  the  requirements  referred  to  in 
⌦ point ⌫ 3.2 or whether a reassessment is ⌦ necessary ⌫ required. 

It  must  ⌦ shall ⌫  notify  the  manufacturer  of  its  decision.  The  notification 
⌦ shall ⌫  must  contain 
the 
the  conclusions  of 
⌦ reasoned ⌫ substantiated assessment decision. 

the  examination  and 

3.4. 

3.5. 

EN 

69 

   EN 

 
4. 

⌦ Surveillance ⌫ Monitoring under the responsibility of the notified body 

4.1. 

4.2. 

The purpose of ⌦ surveillance ⌫ monitoring is to make sure that the manufacturer 
duly fulfils the obligations arising out of the approved quality system. 

The  manufacturer  must  ⌦ shall,  for  assessment  purposes, ⌫  allow  the  notified 
body  access  for  inspection  purposes  to  the  ⌦ manufacture ⌫  manufacturing, 
inspection, testing and storage ⌦ sites ⌫ premises and ⌦ shall ⌫ provide it with 
all necessary information, in particular: 

(a) 

the quality system documents ⌦ documentation ⌫ ;, 

(b) 

the  quality  records,  such  as  inspection  reports  and  test  data,  calibration  data, 
qualification reports ⌦ on ⌫ of the personnel concerned;, etc. 

4.3. 

The notified body must ⌦ shall ⌫ periodically carry out ⌦ periodic ⌫ audits to 
make  sure  that  the  manufacturer  maintains  and  applies  the  quality  system  and 
provides an audit report to the manufacturer ⌦ with an audit report ⌫ 

4.4  ⌦ In  addition, ⌫  Additionally  the  notified  body  may  pay  ⌦ unexpected ⌫ 
unannounced  visits  to  the  manufacturer.  During  such  visits  the  notified  body  may 
⌦ , if necessary, ⌫ carry out ⌦ product ⌫ tests, or have them carried out, ⌦ in 
order ⌫ to verify that the quality system is functioning correctly.; if necessary, Tthe 
notified body must ⌦ shall ⌫ provide the manufacturer with a visit report and, if a 
test has ⌦ tests have been carried out ⌫ taken place, with a test report. 

5. 

Conformity marking and declaration of conformity 

(cid:216) new 

5.1. 

5.2. 

The  manufacturer  shall  affix  the  required  conformity  marking  set  out  in  this 
Directive, and, under the responsibility of the notified body referred to in point 3.1, 
the latter's identification number to each individual product that is in conformity with 
the type described in the EU type examination certificate and satisfies the applicable 
requirements of this Directive. 

The manufacturer shall draw up a written declaration of conformity for each product 
model  and  keep  it  at  the  disposal  of  the  national  authorities  for  10  years  after  the 
explosive has been placed on the market. The declaration of conformity shall identify 
the explosive for which it has been drawn up. 

A  copy  of  the  declaration  of  conformity  shall  be  made  available  to  the  relevant 
authorities upon request. 

EN 

70 

   EN 

 
(cid:208) 93/15/EEC (adapted) 
(cid:206)1 Corrigendum,  OJ  L 
7.4.1995, p. 34 
(cid:214) new 

79, 

65. 

The  manufacturer  must  ⌦ shall ⌫  ,  for  a  period  of  at  least  10  years  after  the 
(cid:214) explosive  has  been  placed  on  the  market   last  date  of  manufacture  of  the 
product, keep at the disposal of the national authorities: 

(a) 

(b) 

(c) 

the  document ⌦ documentation ⌫  referred  to  in  the  second  indent  of  point 
3.1;, 

the ⌦ change ⌫ updating referred to in point 3.5, ⌦ as approved ⌫ second 
paragraph of 3.4;, 

the  decisions  and  reports  (cid:206)1 from   ⌦ of ⌫  the  notified  body  which  are 
referred to in the final paragraph of 3.4, points 3.5, and in 4.3 and 4.4. 

7. 

Each notified body shall inform its notifying authorities of quality system approvals 
issued  or  withdrawn,  and  shall,  periodically  or  upon  request,  make  available  to  its 
notifying  authorities  the  list  of  quality  system  approvals  refused,  suspended  or 
otherwise restricted.  

(cid:216) new 

(cid:208) 93/15/EEC (adapted) 
(cid:214) new 

6.  Each  notified  body  must  give  ⌦ shall  inform ⌫  the  other  notified  bodies  the 
relevant information concerning the ⌦ of ⌫ quality system approvals ⌦ which it 
has ⌫  issued  and  (cid:214) refused,  suspended,   withdrawn  (cid:214) or  otherwise  restricted, 
and, upon request, of quality system approvals which it has issued  . 

8. 

Authorised representative  

(cid:216) new 

The manufacturer's obligations set out in points 3.1, 3.5, 5 and 6 may be fulfilled by 
his authorised representative, on his behalf and under his responsibility, provided that 
they are specified in the mandate.  

EN 

71 

   EN 

 
 
 
 
(cid:208) 93/15/EEC (adapted) 
(cid:214) new 

4. MODULE E:  

⌦ Conformity to type based on ⌫ pProduct quality assurance 

1. 

This module describes the (cid:214) Conformity to type based on product quality assurance 
is  that  part  of  a  conformity  assessment   procedure  whereby  the  manufacturer 
⌦ fulfils ⌫ who satisfies the obligations ⌦ laid down in points 2 and 5, and ⌫ of 
Section  2 ensures and declares ⌦ on his sole responsibility ⌫ that the explosives 
⌦ concerned ⌫ are in conformity with the type as described in the EC ⌦ EU ⌫ 
type  -examination  certificate  (cid:214) and  satisfy  the  requirements  of  this  Directive  that 
apply  to  them.   The  manufacturer  must  affix  the  CE  mark  to  each  explosive  and 
draw up a written declaration of conformity. The CE mark must be accompanied by 
the identification symbol of the notified body responsible for the checks referred to 
in Section 4. 

2. 

⌦ Manufacturing ⌫ 

The  manufacturer  must  ⌦ shall ⌫  operate  an  approved  quality  system  for  final 
explosive ⌦ product ⌫ inspection and testing ⌦ of the explosives concerned ⌫ 
as  specified  in  point  Section  3.  He  must  ⌦ and  shall ⌫  be  subject  to 
⌦ surveillance ⌫ the checks ⌦ as specified ⌫ referred to in point Section 4. 

3. 

Quality system 

3.1. 

The manufacturer ⌦ shall lodge ⌫ lodges an application ⌦ for assessment of his 
quality system ⌫ with a ⌦ the ⌫ notified body of his choice, for the assessment 
of the quality system for ⌦ the ⌫ his explosives ⌦ concerned ⌫. 

The application must ⌦ shall ⌫ include: 

(cid:216) new 

(a) 

(b) 

the name and address of the manufacturer and, if the application is lodged by 
the authorised representative, his name and address as well;  

a  written  declaration  that  the  same  application  has  not  been  lodged  with  any 
other notified body;  

(cid:208) 93/15/EEC (adapted) 
(cid:214) new 

(c) 

all relevant information for the explosive ⌦ product ⌫ category envisaged;, 

(d) 

the quality system's documentation ⌦ concerning the quality system ⌫;, 

EN 

72 

   EN 

 
 
 
(e) 

the  technical  ⌦ documentation ⌫  documents  ⌦ of ⌫  pertaining  to  the 
approved type and a copy of the EC ⌦ EU ⌫ type -examination certificate. 

3.2. 

Under  Tthe  quality  system,  each  explosive  is  examined  and  appropriate  tests  as 
defined  in  the  relevant  standard(s)  referred  to  in  Article  4  or  equivalent  tests  are 
carried  out  in  order  to  verify  its  conformity  (cid:214) shall  ensure  compliance  of  the 
explosives with the type described in the EU type examination certificate and  with 
the ⌦ applicable ⌫ relevant requirements of the ⌦ this ⌫ Directive.  

All  the  elements,  requirements  and  provisions  adopted  by  the  manufacturer  must 
⌦ shall ⌫  be  documented  in  a  systematic  and  orderly  manner  in  the  form  of 
written  policies,  procedures  and  instructions.  This  quality  system  documentation 
must  ⌦ shall  permit ⌫  enable  ⌦ a  consistent  interpretation  of ⌫  the  quality 
programmes, plans, manuals and records to be interpreted in a uniform manner. 

It must ⌦ shall, ⌫ in particular, contain an adequate description of: 

(cid:208) 93/15/EEC 
(cid:206)1 Corrigendum,  OJ  L 
7.4.1995, p. 34 

79, 

(a) 

the quality objectives and the organiszational structure, (cid:206)1 responsibilities  
and powers of the management with regard to product quality;, 

(b) 

the examinations and tests that will be carried out after manufacture;, 

(c) 

quality  records,  such  as  inspection  reports  and  test  data,  calibration  data, 
qualification reports of the personnel concerned,; etc. 

(cid:208) 93/15/EEC (adapted) 

(d) 

the means of monitoring the effective operation of the quality system., 

(cid:208) 93/15/EEC 

3.3. 

The notified body must ⌦ shall ⌫ assess the quality system to determine whether 
it satisfies the requirements referred to in 3.2.  

(cid:208) 93/15/EEC (adapted) 
(cid:214) new 

It  must  ⌦ shall ⌫  presume  conformity  with  these  ⌦ those ⌫  requirements  in 
respect  of  ⌦ the  elements  of  the ⌫  quality  systems  that  (cid:214) comply  with  the 
implement 
corresponding 

specifications  of 

the  national 

standard 

that  

EN 

73 

   EN 

 
 
 
 
⌦ implements ⌫ 
specification ⌫. 

the 

relevant  harmoniszed  standard  ⌦ and/or 

technical 

(cid:214) In  addition  to  experience  in  quality  management  systems,   tThe  auditing  team 
must  ⌦ shall ⌫  have  at  least  one  member  with  experience  of  ⌦ evaluation ⌫ 
assessing  ⌦ in ⌫  the  relevant  product  ⌦ field  and  product ⌫  technology 
⌦ concerned ⌫,  (cid:214) and  knowledge  of  the  applicable  requirements  of  this 
Directive .  The  ⌦ audit ⌫  assessment  procedure  must  ⌦ shall ⌫  include  an 
⌦ assessment ⌫  inspection  visit  to  the  manufacturer's  premises.  (cid:214) The  auditing 
team shall review the technical documentation referred to in point (e) of point 3.1, in 
order to verify the manufacturer's ability to identify the relevant requirements of this 
Directive  and  to  carry  out  the  necessary  examinations  with  a  view  to  ensuring 
compliance of the explosive with those requirements.  

⌦ The  decision  shall ⌫  The  manufacturer  must  be  notified  ⌦ to 
the 
manufacturer ⌫  of  the  decision.  The  notification  must  ⌦ shall ⌫  contain  the 
conclusions  of  the  ⌦ audit ⌫  examination  and  the  ⌦ reasoned ⌫  substantiated 
assessment decision. 

The manufacturer must ⌦ shall ⌫ undertake to fulfil the obligations arising out of 
the quality system as approved and ⌦ to ⌫ maintain it ⌦ so that it remains ⌫ at 
an adequate and efficient level. 

The  manufacturer  or  his  authorized  representative  must  ⌦ shall ⌫  keep  the 
notified  body  ⌦ that ⌫  which  has  approved  the  quality  system  informed  of  any 
⌦ intended ⌫ proposed change ⌦ to ⌫ in the quality system. 

The  notified  body  must  ⌦ shall  evaluate ⌫  assess  ⌦ any  proposed ⌫  the 
changes  proposed  and  decide  whether  the  ⌦ modified ⌫  altered  quality  system 
will  ⌦ continue  to ⌫  still  satisfy  the  requirements  referred  to  in  point  3.2  or 
whether a reassessment is ⌦ necessary ⌫ required. 

It  must  ⌦ shall ⌫  notify  the  manufacturer  of  its  decision.  The  notification 
⌦ shall ⌫  must  contain 
the 
the  conclusions  of 
⌦ reasoned ⌫ substantiated assessment decision. 

the  examination  and 

3.4. 

3.5. 

4. 

⌦ Surveillance under the responsibility of the notified body ⌫ 

4.1. 

4.2. 

The purpose of ⌦ surveillance ⌫ monitoring is to make sure that the manufacturer 
duly fulfils the obligations arising out of the approved quality system. 

The  manufacturer  must  ⌦ shall,  for  assessment  purposes, ⌫  allow  the  notified 
body access for inspection purposes to the (cid:214) manufacture,  inspection, testing and 
storage  ⌦ sites ⌫  premises  and  ⌦ shall ⌫  provide  it  with  all  necessary 
information, in particular: 

(a) 

the quality system documentation;, 

(cid:208) 93/15/EEC 

EN 

74 

   EN 

 
– 

the technical documents, 

(cid:208) 93/15/EEC (adapted) 
(cid:206)1 Corrigendum,  OJ  L 
7.4.1995, p. 34 

79, 

(b) 

the  quality  records,  such  as  inspection  reports  and  test  data,  calibration  data, 
qualification reports ⌦ on ⌫ of the personnel concerned, etc. 

4.3. 

The notified body must ⌦ shall ⌫ periodically carry out ⌦ periodic ⌫ audits to 
⌦ make  sure ⌫  ensure  that  the  manufacturer  maintains  and  applies  the  quality 
system and must ⌦ shall ⌫ provide ⌦ the manufacturer with ⌫ an audit report 
to the manufacturer. 

4.4.  ⌦ In  addition ⌫  Additionally,  the  notified  body  may  pay  ⌦ unexpected ⌫ 
unannounced  visits  to  the  manufacturer.  During  such  visits  the  notified  body  may 
⌦ , if necessary, ⌫ carry out ⌦ product ⌫ tests, or have them carried out, ⌦ in 
order ⌫ to verify that the quality system is functioning correctly.; if necessary, Tthe 
notified body must ⌦ shall ⌫ provide the manufacturer with a visit report and, if a 
test has ⌦ tests have ⌫ been carried out, (cid:206)1 with a test report. . 

5. 

Conformity marking and declaration of conformity 

(cid:216) new 

5.1. 

5.2. 

The  manufacturer  shall  affix  the  required  conformity  marking  set  out  in  this 
Directive, and, under the responsibility of the notified body referred to in point 3.1, 
the latter's identification number to each individual product that is in conformity with 
the type described in the EU type examination certificate and satisfies the applicable 
requirements of this Directive. 

The manufacturer shall draw up a written declaration of conformity for each product 
model  and  keep  it  at  the  disposal  of  the  national  authorities  for  10  years  after  the 
explosive has been placed on the market. The declaration of conformity shall identify 
the explosive for which it has been drawn up. 

A  copy  of  the  declaration  of  conformity  shall  be  made  available  to  the  relevant 
authorities upon request. 

(cid:208) 93/15/EEC (adapted) 
(cid:206)1 Corrigendum,  OJ  L 
7.4.1995, p. 34 
(cid:214) new 

79, 

65. 

The  manufacturer  must  ⌦ shall, ⌫  for  a  period  of  (cid:214) ending   at  least  10  years 
after the (cid:214) the explosive has been placed on the market,  last date of manufacture 
of the product keep at the disposal of the national authorities: 

EN 

75 

   EN 

 
 
 
(a) 

(b) 

(c) 

the documents ⌦ documentation ⌫ referred to in the second indent of point 
3.1;, 

the  changes  referred  to  in  the  second  paragraph  of  point  3.53.4,  ⌦ as 
approved; ⌫ 

the  decisions  and  reports  ⌦ of ⌫  (cid:206)1 from   the  notified  body  which  are 
referred to in the final paragraph of points 3.53.4, and in 4.3 and 4.4. 

7. 

Each notified body shall inform its notifying authorities of quality system approvals 
issued  or  withdrawn,  and  shall,  periodically  or  upon  request,  make  available  to  its 
notifying  authorities  the  list  of  quality  system  approvals  refused,  suspended  or 
otherwise restricted. 

(cid:216) new 

(cid:208) 93/15/EEC (adapted) 
(cid:214) new 

6. Each notified body must ⌦ shall inform ⌫ forward to the other notified bodies 
⌦ of ⌫  the  relevant  information  concerning  the  quality  system  approvals 
⌦ which it has ⌫ issued and (cid:214) refused, suspended or  withdrawn (cid:214) , and, upon 
request, of quality system approvals which it has issued . 

8. 

Authorised representative 

(cid:216) new 

The manufacturer's obligations set out in points 3.1, 3.5, 5 and 6 may be fulfilled by 
his authorised representative, on his behalf and under his responsibility, provided that 
they are specified in the mandate. 

(cid:208) 93/15/EEC (adapted) 
(cid:214) new 

5. MODULE F:  

⌦ Conformity to type based on ⌫ pProduct verification 

1. 

This module describes the (cid:214) Conformity to type based on product verification is the 
part of a conformity assessment  procedure whereby ⌦ the ⌫ a manufacturer or 
his  authorized  representative  established  within  the  Community  checks  and  attests 
(cid:214) fulfils the obligations laid down in points 2, 5.1 and 6, and ensures and declares on 
his  sole  responsibility   that  the  explosives  ⌦ concerned,  which  have  been ⌫ 

EN 

76 

   EN 

 
 
 
 
subject to the provisions of point 3, are in conformity with the type as described in 
the EC ⌦ EU ⌫ type -examination certificate and satisfy the relevant requirements 
of the ⌦ this ⌫ Directive ⌦ that apply to them ⌫. 

2. 

⌦ Manufacturing ⌫ 

The  manufacturer  shall  take  all  measures  necessary  ⌦ so ⌫  in  order  that  the 
manufacturing  process  ⌦ and  its  monitoring ⌫  ensures  conformity  of  the 
⌦ manufactured  products ⌫  explosives  with 
type  as 
described  in  the  EC  ⌦ EU ⌫  type  -examination  certificate  and  with  the 
requirements  of  the ⌦ this ⌫  Directive  that  apply  to  them.  He  shall  affix  the  CE 
mark to each explosive and shall draw up a declaration of conformity. 

the  ⌦ approved ⌫ 

3. 

⌦ A ⌫  The  notified  body ⌦ chosen  by  the  manufacturer ⌫  shall  carry  out  the 
appropriate examinations and tests in order to check the conformity of the explosive 
⌦ explosives ⌫  with  the  (cid:214) approved  type  described  in  the  EU  type  examination 
certificate and with the appropriate requirements of this Directive . 

(cid:214) The  examinations  and  tests  to  check  the  conformity  of  the  explosives  with  the 
appropriate   relevant  requirements  (cid:214) shall  be  carried  out,  at  the  choice  of  the 
manufacturer  either   of  the  Directive  by  examination  and  testing  of  every 
⌦ product ⌫  explosive  as  specified  in  ⌦ point ⌫  4  (cid:214) or  by  examination  and 
testing of the explosives on a statistical basis as specified in point 5 . 

The  manufacturer  or  his  authorized  representative  shall  keep  a  copy  of  the  declaration  of 
conformity  for  a  period  ending  at  least  10  years  after  the  last  explosive  has  been 
manufactured. 

(cid:208) 93/15/EEC 

(cid:208) 93/15/EEC (adapted) 
(cid:206)1 Corrigendum,  OJ  L 
7.4.1995, p. 34 
(cid:214) new 

79, 

4. 

4.1. 

Verification  ⌦ of  conformity ⌫  by  examination  and 
⌦ product ⌫ explosive 

testing  of  every 

All ⌦ products ⌫ explosives shall be individually examined and appropriate tests 
as  set  out  in  the  relevant  ⌦ harmonised ⌫  standard(s)  ⌦ and/or  technical 
specifications, ⌫ referred to in Article 4 or equivalent tests, shall be carried out in 
order to verify their conformity with the relevant ⌦ approved ⌫ type ⌦ described 
in  the  EU  type  examination  certificate ⌫  and  ⌦ with  the  appropriate ⌫ 
requirements  of  the  ⌦ this ⌫  Directive.  (cid:214) In  the  absence  of  such  a  harmonised 
standard,  the  notified  body  concerned  shall  decide  on  the  appropriate  tests  to  be 
carried out.  

EN 

77 

   EN 

 
 
4.2. 

The  notified  body  ⌦ shall  issue  a  certificate  of  conformity  in  respect  of  the 
examinations and tests carried out, and ⌫ (cid:206)1 shall affix,  or cause to be affixed, 
its identification symbol ⌦ number ⌫ to each approved ⌦ product ⌫ explosive 
⌦ or have it affixed under its responsibility ⌫ and draw up a written certificate of 
conformity relating to the tests carried out. 

The manufacturer shall keep the certificates of conformity available for inspection by 
the  national  authorities  for  10  years  after  the  explosive  has  been  placed  on  the 
market. 

(cid:216) new 

4.3. The manufacturer or his authorized representative shall ensure that he is able to supply 
the notified body's certificates of conformity on request. 

(cid:208) 93/15/EEC 

5. 

Statistical verification of conformity 

(cid:216) new 

5.1. 

5.2. 

The manufacturer shall take all measures necessary so that the manufacturing process 
and its monitoring ensure the homogeneity of each lot produced, and shall present his 
products for verification in the form of homogeneous lots. 

A random sample shall be taken from each lot according to the requirements of this 
Directive.  All  products  in  a  sample  shall  be  individually  examined  and  appropriate 
tests set out in the relevant harmonised standard(s) and/or technical specifications, or 
equivalent tests, shall be carried out in order to verify conformity with the approved 
type described in the EU type examination certificate and to ensure their conformity 
with the applicable requirements of this Directive and to determine whether the lot is 
accepted or rejected. In the absence of such a harmonised standard, the notified body 
concerned shall decide on the appropriate tests to be carried out. 

5.3. 

If a lot is accepted, all products of the lot shall be considered approved, except for 
those products from the sample that have been found not to satisfy the tests. 

The  notified  body  shall  issue  a  certificate  of  conformity  in  respect  to  the 
examinations  and  tests  carried  out,  and  shall  affix  its  identification  number  to  each 
approved product or have it affixed under its responsibility. 

The  manufacturer  shall  keep  the  certificates  of  conformity  at  the  disposal  of  the 
national authorities for 10 years after the explosive has been placed on the market. 

5.4. 

If a lot is rejected, the notified body or the competent authority shall take appropriate 
measures  to  prevent  that  lot  is  being  placed  on  the  market.  In  the  event  of  the 

EN 

78 

   EN 

 
 
 
frequent  rejection  of  lots  the  notified  body  may  suspend  the  statistical  verification 
and take appropriate measures. 

6. 

Conformity marking and declaration of conformity 

6.1. 

6.2. 

The  manufacturer  shall  affix  the  required  conformity  marking  set  out  in  this 
Directive, and, under the responsibility of the notified body referred to in point 3, the 
latter's identification number to each individual product that is in conformity with the 
approved  type  described  in  the  EU  type  examination  certificate  and  satisfies  the 
applicable requirements of this Directive. 

The manufacturer shall draw up a written declaration of conformity for each product 
model  and  keep  it  at  the  disposal  of  the  national  authorities,  for  10  years  after  the 
explosive has been placed on the market. The declaration of conformity shall identify 
the explosive for which it has been drawn up. 

A  copy  of  the  declaration  of  conformity  shall  be  made  available  to  the  relevant 
authorities upon request. 

If  the  notified  body  referred  to  in  point  3  agrees  and  under  its  responsibility,  the 
manufacturer  may  also  affix  the  notified  body's  identification  number  to  the 
explosives. 

7. 

If the notified  body agrees and under its responsibility,  the manufacturer may affix 
the notified body's identification number to the explosives during the manufacturing 
process. 

8. 

Authorised representative 

The manufacturer's obligations may be fulfilled by his authorised representative, on 
his  behalf  and  under  his  responsibility,  provided  that  they  are  specified  in  the 
mandate. An authorised representative may not fulfil the manufacturer's obligations 
set out in points 2 and 5.1. 

(cid:208) 93/15/EEC (adapted) 
(cid:214) new 

6. MODULE G:  

⌦ Conformity based on ⌫ uUnit verification 

1. 

This module describes the (cid:214) Conformity based on unit verification is the conformity 
assessment   procedure  whereby  the  manufacturer  (cid:214) fulfils  the  obligations  laid 
down  in  points  2,  3  and  5,  and   ensures  and  declares  ⌦ on  his  sole 
responsibility ⌫ that the explosive ⌦ concerned, ⌫ which has been ⌦ subject to 
the  provisions  of  point  4,  is  in  conformity  with  the ⌫  issued  with  the  certificate 
referred  to  in  Section  2  conforms  to  the  relevant  requirements  of  the  ⌦ this ⌫ 
Directive ⌦ that  apply  to  it ⌫.  The  manufacturer  must  affix  the  CE  mark  to  the 
explosive and draw up a declaration of conformity. 

EN 

79 

   EN 

 
(cid:208) 93/15/EEC (new) 
(cid:206)1 Corrigendum,  OJ  L 
7.4.1995, p. 34 

79, 

2. The notified body must examine the explosive and carry out the appropriate tests as set out 
in the relevant standard(s) referred to in Article 4, or equivalent tests, to ensure its conformity 
with the relevant requirements of the Directive. 

The notified body must affix, (cid:206)1 or cause  to be affixed, its identification symbol on the 
approved explosive and draw up a certificate of conformity concerning the tests carried out. 

2. 

⌦ Technical documentation ⌫ 

(cid:208) 93/15/EEC (adapted) 
(cid:214) new 

3.  The  aim  of  (cid:214) The  manufacturer  shall  establish   the  technical  documents 
⌦ documentation ⌫  (cid:214) and  make  it  available  to  the  notified  body  referred  to  in 
point  4.  The  documentation  shall  make  it  possible  to  assess  the  explosive's   is  to 
enable  conformity  with  the  ⌦ relevant ⌫  requirements  (cid:214) ,  and  shall  include  an 
adequate  analysis  and  assessment  of  the  risk(s).  The  technical  documentation  shall 
specify  the  applicable  requirements  and  cover,  as  far  as  relevant  for  the 
assessment,   of  the  Directive  to  be  assessed  and  the  design,  manufacture  and 
operation  of  the  explosive  to  be  understood.  The  ⌦ technical ⌫  documents 
⌦ documentation ⌫  must  ⌦ shall,  wherever  applicable, ⌫  contain  ⌦ at  least 
the following elements ⌫, in so far as is necessary for the assessment: 

(a) 

a general description of the ⌦ explosives ⌫ type;, 

(b) 

conceptual  design  and  manufacturing  drawings  and  schemes  of  components, 
sub-assemblies, circuits, etc.;, 

(cid:208) 93/15/EEC 

(cid:208) 93/15/EEC (adapted) 
(cid:214) new 

(c) 

(d) 

descriptions and explanations necessary for the understanding of ⌦ those ⌫ 
the said drawings and schemes and the operation of the explosive or protection 
system;, 

a  list  of  the  ⌦ harmonised ⌫  standards  (cid:214) and/or  other  relevant  technical 
specifications  the  references  of  which  have  been  published  in  the  Official 
Journal of the European Union,  referred to in Article 4, applied in full or in 
part,  and  descriptions  of  the  solutions  adopted  to  meet  the  essential 

EN 

80 

   EN 

 
 
 
 
requirements  of  the ⌦ this ⌫  Directive  where  the ⌦ those  harmonised ⌫ 
standards referred to in Article 4 have not been applied., (cid:214) In the case of partly 
applied  harmonised  standards,  the  technical  documentation  shall  specify  the 
parts which have been applied;  

(e) 

results of design calculations made, examinations carried out, etc., ⌦ and ⌫ 

(f) 

test reports. 

The  manufacturer  shall  keep  the  technical  documentation  at  the  disposal  of  the 
relevant national authorities for 10 years after the explosive has been placed on the 
market. 

(cid:216) new 

3. 

Manufacturing 

The manufacturer shall take all measures necessary so that the manufacturing process 
and  its  monitoring  ensure  conformity  of  the  manufactured  product  with  the 
applicable requirements of this Directive. 

4. 

Verification 

A notified body chosen by the manufacturer shall carry out appropriate examinations 
and tests, set out in the relevant harmonised standards and/or technical specifications, 
or  equivalent  tests,  to  check  the  conformity  of  the  explosive  with  the  applicable 
requirements  of  this  Directive,  or  have  them  carried  out.  In  the  absence  of  such  a 
harmonised standard and/or technical specification the notified body concerned shall 
decide on the appropriate tests to be carried out. 

The  notified  body  shall  issue  a  certificate  of  conformity  in  respect  of  the 
examinations  and  tests  carried  out  and  shall  affix  its  identification  number  to  the 
approved product, or have it affixed under its responsibility. 

The  manufacturer  shall  keep  the  certificates  of  conformity  at  the  disposal  of  the 
national authorities for 10 years after the explosive has been placed on the market. 

5. 

Conformity marking and declaration of conformity 

5.1. 

5.2. 

The  manufacturer  shall  affix  the  required  conformity  marking  set  out  in  this 
Directive and, under the responsibility of the notified body referred to in point 4, the 
the  applicable 
to  each  product 
identification  number 
latter's 
requirements of this Directive. 

that  satisfies 

The manufacturer shall draw up a written declaration of conformity and keep it at the 
disposal of the national authorities for 10 years after the explosive has been placed 
on the market. The declaration of conformity shall identify the explosive for which it 
has been drawn up. 

A  copy  of  the  declaration  of  conformity  shall  be  made  available  to  the  relevant 
authorities upon request. 

EN 

81 

   EN 

 
6. 

Authorised representative 

The  manufacturer's  obligations  set  out  in  points  2  and  5  may  be  fulfilled  by  his 
authorised  representative,  on  his  behalf  and  under  his  responsibility,  provided  that 
they are specified in the mandate. 

EN 

82 

   EN 

(cid:207) 

ANNEX III 

Repealed Directive with list of its successive amendments 
(referred to in Article 51) 

Council Directive 93/15/EEC  

(OJ L 121, 15.5.1993, p. 20) 

Regulation (EC) No 1882/2003 

Only point 13) of Annex II. 

(OJ L 284, 31.10.2003, p. 1.) 

Regulation (EC) No 219/2009  

Only point 2.2 of the Annex. 

(OJ L 87, 31.3.2009, p. 109.) 

EN 

83 

   EN 

 
 
ANNEX IV 

CORRELATION TABLE 

Directive 93/15/EEC 

This Directive 

Article 1(1) 

Article 1(2) 

Article 1(3) 

Article 1(4) 

Article 1(5) 

Article 2(1) 

Article 2(2) 

- 

- 

Article 2(3) 

- 

Article 3 

- 

- 

- 

- 

- 

Article 4(1) 

Article 4(2) 

Article 5 

Article 6(1) 

Article 6(2) 

- 

EN 

Article 1(1) 

Article 2(1) 

Article 1(2) 

Article 2(2) – 2 (10) 

Article 1(3) 

Article 3 

Article 4 

Article 21 

Article 21 

Article 21 

Article 21 

Article 4, 6 (1) 

Article 6 (2) – 6 (8) 

Article 7 

Article 8 

Article 9 

Article 10 

Article 18 

- 

Article 19 

Article 19 

Articles 23 – 26 

Article 28 – 39 

84 

   EN 

Article 7(1) 

Article 7(2) 

Article 7(3) 

- 

Article 8(1) 

Article 8(2) 

Article 8(3) 

Article 9(1) 

Article 9(2) 

Article 9(3) 

Article 9(4) 

Article 9(5) 

Article 9(6) 

Article 9(7) 

Article 9(8) 

Article 9(9) 

Article 10(1) 

Article 10(2) 

Article 10(3) 

Article 10(4) 

Article 10(5) 

Article 11 

Article 12(1) 

Article 12(2) 

Article 13(1) 

Article 13(2) 

EN 

Article 21 – 22 

Article 21 

Article 21 

Article 40 

Article 41, 43 

Article 42 

Article 44 

Article 11(1) 

- 

Article 11(2) 

Article 11(3) 

Article 11(4) 

Article 11(6) 

Article 11(5) 

Article 11(7) 

Article 11(8) 

Article 12(1) 

Article 12(2) 

Article 12(3) 

Article 12(4) 

Article 12(5) 

Article 13 

Article 14(1) 

Article 14(2) 

Article 47(1) 

- 

85 

   EN 

Article 13(3) 

Article 13(4) 

Article 13(5) 

Article 14, 1st subparagraph 

Article 45, 46 

Article 47(2) 

Article 45-46 

Article 5 

Article 14, 2nd subparagraph 

Article 15, 1st subparagraph 

Article 14, 3rd subparagraph 

Article 15, 2nd subparagraph 

Article 14, 4th subparagraph 

Article 15, 3rd subparagraph 

Article 15 

Article 16 

Article 17 

Article 18 

Article 19 

- 

- 

Article 20 

Annex I 

Annex II 

Annex III 

Annex IV 

- 

- 

- 

Article 16 

Article 48 

Article 17 

Article 49-50 

Article 51 

Article 52 

Article 53 

Annex I 

Annex II 

Article 27 

Article 21 

Annex III 

Annex IV 

EN 

86 

   EN