CELEX: 51992PC0524
Language: en
Date: 1992-12-16
Title: Amended Proposal for a COUNCIL DIRECTIVE on the harmonization of provisions governing the placing on the market and the supervision of explosives for civil uses

COMMISSION OF THE EUROPEAN COMMUNITIES
                                               COM(92) 524 final - SYN 409
                                               Brussels, 16 December 1992
                             Amended Proposal for a
                                COUNCIL DIRECTIVE
            on the harmonization of provisions governing the placing
         on the market and the supervision of explosives for civil uses
             (presented by the Commission pursuant to Article 149(3)
                                of the EEC Treaty)
i£f??2
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                           EXPLANATORY MEMORANDUM
During its session In October 1992, the European Parliament delivered an
opinion on the proposal from the Commission set out in the document
C0M(92)123 final of 13 April 1992.
This proposal takes account of the amendments requested by the European
Parliament Insofar as the Commission was able to accept them.
 ---pagebreak---  ---pagebreak---                                     - 3 -
                          Amended Proposal for a
                             COUNCIL DIRECTIVE
         on the harmonization of provisions governing the placing
      on the market and the supervision of explosives for civil uses
In response to the opinion delivered at first reading by the European
Parliament 1 under the cooperation procedure on the Commission proposal for
a Council Directive on the supervision and placing on the market of
explosives for civil uses and the mutual recognition of approvals relating
to such explosives, the Commission has decided to amend the proposal as
fo11ows:
1.  The title of the Directive Is amended to read:
    "Council Directive on the harmonization of provisions governing the
    placing on the market and the supervision of explosives for civil
    uses."
2.  The following first recital a is inserted:
    "whereas Article 100a(3) of the EEC Treaty provides that the
    Commission, In its proposals concerning safety, will take as a base a
    high level of protection".
3.  The second recital is amended as follows:
    "..., in particular, the free movement of explosives presupposes
    harmonization of laws on the placing of explosives on the market".
    OJ No
 ---pagebreak---                                    - 4 -
4. The fourth recital  is deleted.
5. The fifth recital  is amended as follows:
   "Whereas, in order to ensure the free movement of these products,
   divergent national rules relating to approval procedures should be
   harmonized without  lowering the best existing levels of safety and
   securIty".
6. The following seventh recital a is inserted:
   "whereas the Council, in its Decision 90/683/EEC of 13 December 1990 2
   concerning the modules for the various phases of the conformity
   assessment procedures which are intended to be used in the technical
   harmonization Directives, Introduced harmonized means of applying
   procedures for conformity assessment; whereas the application of these
   modules to explosives will make it possible to determine the
   responsibility of manufacturers and of bodies responsible for applying
   procedures for conformity assessment by taking account of the nature of
   the explosives concerned".
7. The ninth recital  Is amended as follows:
   "... to ensure the protection of consumers and the safety of the
   general public; whereas a further Directive is planned In this field".
8. The following tenth recital a is inserted:
   "whereas the scope of this Directive covers munitions, but only as
   regards the rules governing controls on transfers and the associated
   arrangements; whereas, since munitions are transferred under conditions
   similar to those under which arms are transferred, transfers of
   munitions should be governed by provisions similar to those applicable
   to arms, as set out In Directive 91/477/EEC of 18 June 1991 on control
   of the acquisition and possession of weapons. 3 "
9. The following thirteenth recital   is added:
2  OJ No L 380, 31.12.1990
3  OJ No L 256, 13.9.1991.
 ---pagebreak---                                      5 -
    "whereas this Directive does not affect the power of Member States to
    take measures with a view to preventing illegal trade in explosives".
10. Article 1 is amended as follows:
    "1.  This Directive shall apply to explosives as defined in
         paragraph 2.
    2.   The term "explosives" means the materials and articles considered
         to be such in the "United Nations Recommendations on the Transport
         of Dangerous Goods" and falling within Category 1 of those
         Recommendations, the general part of which is reproduced in
         Annex 1".
    3.   This Directive shall not apply to:
         - explosives intended to be used, in accordance with national law,
           by the armed forces or the police; neither shall it apply to
           commercial transfers of explosives for military use;
         - pyrotechnlcal articles used for purposes of display or
           entertainment;
         - munitions, except as provided for in Articles 7, 7a, 8, 9 and
           10.
    4.   For the purposes of this Directive:
         - "United Nations Recommendations" means the recommendations drawn
           up by the UN Committee of Experts on the Transport of Dangerous
           Goods (Orange Book) as published by the United Nations and as
           amended on the date of this Directive's adoption;
         - "safety" means the prevention of accidental explosions or fires,
           or falling this, limitation of their effects;
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         - "security" means prevention of the risk of use for unlawful
           purposes;
         - "arms manufacturer/dealer" means any natural or legal person
           whose professional activity consists either wholly or in part in
           the manufacture, trade, exchange, hiring or repair or conversion
           of fire-arms and munitions;
         - "approval" means the decision taken following the controls
           carried out in respect of projected transfers of explosives
           within the Community;
         - "undertaking In the explosives sector" means any natural or
            legal person possessing a licence or authorization which
           entitles him to engage in the manufacture, storage, use and
           transfer of explosives or In trade in explosives;
         - "placing on the market" means any disposal to third parties,
           against payment or free of charge, of explosives manufactured or
           released for free circulation In the Community.
    5.   This Directive shall not prevent Member States, in the Interest of
         security, from designating certain substances as explosives
         pursuant to a national law or regulation".
11. Articles 2, 3, 4, 5 and 6 are amended as follows:
                                  "CHAPTER 2
                Harmonization of laws relating to explosives
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                                  Article 2
1.  Member States may not prohibit, restrict or Impede the placing on the
    market of explosives falling within the scope of this Directive and
    meeting the requirements set out In It.
2.  Member States shall take all measures necessary to ensure that
    explosives falling within the scope of this Directive can be placed on
    the Community market only If they comply with all the provisions of
    this Directive, If they are provided with the CE mark as described in
    Article 6a and if they have undergone conformity assessment in
    accordance with the procedures referred to In Annex 3.
3.  Where explosives falling within the scope of this Directive are covered
    by other Directives concerning other aspects and providing for the
    affixing of the CE mark, this mark shall Indicate that the
    abovementioned products are presumed also to comply with the provisions
    of such other Directives as are applicable to them.
                                  Article 3
Explosives falling within the scope of this Directive must meet the
essential safety requirements applicable to them which are set out in
Annex 2.
                                  Article 4
1.  Member States shall presume as complying with the essential safety
     requirements referred to In Article 3 explosives covered by this
    Directive which meet the relevant national standards transposing the
    harmonized standards of which the reference numbers have been published
     in the Official Journal of the European Communities, Member States
    shall publish the reference numbers of the national standards
    transposing the harmonized standards.
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2.   The Commission of the European Communities shall describe the work
     undertaken on the harmonization of standards In a report to the
     European Parliament on the results of the application of
     Directive 83/189/EEC as provided for in the second paragraph of
     Article 11 of that Directive.
                                   Article 5
Where a Member State or the Commission considers that the harmonized
standards referred to In Article 4 do not fully comply with the essential
requirements referred to In Article 3, the Commission or the Member State
concerned shall place the matter before the Standing Committee set up under
Directive 83/189/EEC, setting out the grounds for this action. That
Committee shall deliver an opinion as soon as possible.
 In the light of that Committee's opinion, the Commission shall notify the
Member States of the measures to be taken with regard to the standards and
the publication referred to In Article 4.
                                    Article 6,
              Conformity attestation procedure and notified bodies
 1.  The procedures for attesting the conformity of mass-produced explosives
      shalI be:
      (a)  either the EC type-examination (Module B) referred to in
           Annex 3(1) and, at the choice of the manufacturer:
           - the conformity to type (Module C) referred to in Annex 3(2);
           - or the production quality assurance procedure (Module D)
             referred to in Annex 3(3);
           - or the product quality assurance procedure (Module E) referred
             to In Annex 3(4).
      (b)  or the unit verification (Module G) referred to in Annex 3(5).
 ---pagebreak---                                     - 9 -
    Member States shall notify the Commission and the other Member States
    of the bodies which they have designated to carry out the conformity
    assessment tasks and of the identification numbers assigned by the
    Commission to the bodies Involved in the production control phase. For
    Information purposes, the Commission shall publish In the Official
    Journal of the European Communities the list of notified bodies
    together with any Identification numbers which it may have assigned to
    them and shall ensure that such list is updated.
    Member States shall apply the minimum criteria set out in Annex 4 for
    assessing the suitability of the bodies to be notified. The bodies
    which meet the assessment criteria laid down by the relevant harmonized
    standards shall be presumed to comply with the minimum pertinent
    crIteria.
    A Member State which has notified a body must withdraw that
    notification If It ascertains that that body no longer meets the
    criteria referred to above. It shall forthwith inform the other
    Member States and the Commission thereof.
12. The following Article 6a is inserted:
                     "Article 6a:  CE mark of conformity
     1.   The CE mark of conformity shall be affixed visibly, legibly and
          Indelibly to the explosives or to an identification plate attached
          to them. The Identification plate must be so designed as to
          render re-use impossible.
          The model to be used for the CE mark is presented in Annex 5.
     2.   It Is prohibited to affix to the explosives any marks which may be
          confused with the CE mark. However, any other mark may be affixed
          to the explosives provided that it does not reduce the visibility
          and legibility of the CE mark.
          The holder of a trade mark which was registered in a Member State
          before 30 June 1989 and actually used, but may be confused with
          the CE mark In meaning or design, may continue to use that
 ---pagebreak---                                     - 10 -
         registered mark for a period of 10 years from the date of adoption
         of this text.
    3.   Where a Member States or a notified body finds that the CE mark
         has been improperly affixed, the manufacturer, his authorized
         representative or, failing that, the person responsible for
         placing the product in question on the Community market shall be
         obliged to bring the product in line with the rules and to put an
         end to the Infringement under the conditions laid down by the
         Member State. Where Improper affixing of the mark may have
         serious consequences for safety or where non-compliance persists,
         the Member State shall take all the necessary measures to prohibit
         the placing on the market of the product In question or to ensure
         that It is withdrawn from the market."
13. The following Article 6b is inserted:
                                 "Article 6b
    1.   Where a Member State finds that an explosive which bears the CE
         mark and is being used In accordance with its intended purpose is
          likely to compromise safety, it shall take whatever provisional
         measures are necessary to withdraw that explosive from the market
         and to ban the sales and the free movement thereof.
         The Member State shall forthwith inform the Commission of this
         measure, stating the reasons for its decision, particularly if
          non-conformity is due to:
          - failure to comply with essential requirements,
          - improper application of the standards, or
          - a loophole in the standards.
    2.    The Commission shall consult the parties concerned at the earliest
          opportunity. Where the Commission finds, following such
          consultation, that the measure is justified, it shall forthwith
          inform the Member State which has taken this initiative and the
          other Member States thereof. Where It finds, following such
          consultation, that the measure is unjustified, it shall forthwith
          inform the Member State that has taken this decision and the
          manufacturer or his authorized representative established In the
          Community thereof.
 ---pagebreak---                                    - 11 -
         Where the decision referred to in paragraph 1 Is specifically
         prompted by a loophole In the standards, the Commission, after
         consulting the parties concerned, shall place the matter before
         the Standing Committee set up under Directive 83/189/EEC within a
         period of two months If the Member State that has taken the
         measures intends to continue to apply them and shall Initiate the
         procedures referred to in Article 5.
    3.   Where an explosive which does not comply with the standards bears
         the CE mark of conformity, the competent Member State shall take
         appropriate measures against those responsible for drawing up the
         declaration and shall Inform the Commission and the other Member
         States thereof."
14. Paragraphs 2, 3, 4 and 5 of Article 7 are amended as follows:
    "2.   In order to transfer explosives, the person acquiring them must
         obtain an approval from the competent authority of the place of
         destination. The transit of explosives through the territories of
         Member States must be notified by the person responsible for the
         transfer to the competent authorities of those Member States.
    3.    If the competent authorities of the Member State of destination
         approve the transfer, they shall issue to the person acquiring the
         explosives a document containing all the Information set out in
         paragraph 5. That document must accompany the explosives to the
         place of their destination. It must be produced whenever the
         competent authorities so request. A copy of that document shall
         be kept by the person acquiring the explosives, who shall produce
          It at the request of the competent authorities of the place of
         destination If they wish to persue it.
    4.   Where the authorities of a Member State consider that special
          safety measures, such as those mentioned in paragraph 5, are
         unnecessary, explosives may be transferred within the territory of
          that Member State or part of that territory without advance
          provision of Information within the meaning of paragraph 5. The
          competent authority of the place of destination shall In such
          cases issue an approval valid for a determined period, but liable
          to suspension or withdrawal at any time on the basis of a reasoned
          decision. The document referred to in paragraph 3 which
          accompanies the explosives to their place of destination shall
          refer solely to such approval.
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    5.   Where transfers of explosives require special checks in order to
         ensure that they comply with safety requirements in the territory
         or part of the territory of a Member State, the following
          information shall be Imparted prior to the transfer by the person
         acquiring the explosives to the competent authorities of the place
         of destination In the Member State to which the explosives are
         being transferred:
         - the names and addresses of the operators concerned. These
            particulars must be detailed enough to enable the operators to
            be contacted and confirmation to be obtained that the persons in
            question are officially authorized to receive the consignment;
         - the number and quantity of explosives being transferred;
         - a description of the explosive in question and of the means of
            ident ificat ion;
         - the means of transfer and the Itinerary;
         - the scheduled dates of departure and of arrival.
         The competent authorities of the place of destination shall
         examine the conditions under which the transfer is to take place,
          In particular with regard to the safety requirements. Where the
         safety requirements are met, the transfer shall be approved. In
         the event of transit through the territories of other Member
         States, these States shall likewise examine and approve the
          information on the transfer."
15.  The fol lowing Article 7a is inserted:
    "1.  Munitions may be transferred from one Member State to another only
          in accordance with the procedure laid down In the following
         paragraphs. These provisions shall also apply In the case of
          transfers of munitions following a mall-order sale.
    2.   Where munitions are to be transferred to another Member State, the
         person concerned shall, before such transfers take place, supply
          the following particulars to the Member State in which the
         munitions are located:
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   - the name and address of the vendor or transferor and of the
      purchaser or person acquiring the munitions and, where
      appropriate, of the owner;
   - the address to which the munitions are to be dispatched or
      transported;
   - the quantity of munitions making up the consignment or shipment;
   - the particulars enabling the munitions to be identified and, in
      addition, Information to the effect that they have been checked
      in accordance with the provisions set out in the Convention of
      1 July 1969 on the Reciprocal Recognition of Proofmarks on Small
      Arms;
   - the means of transfer;
   - the date of departure and the estimated date of arrival.
   The particulars referred to in the last two indents need not be
   provided in the event of transfers between arms
   manufacturers/dealers. The Member State shall examine the
   conditions under which the transfer Is to be carried out, In
   particular with regard to security. Where the Member State
   authorizes the transfer, it shall issue a licence incorporating
   all the particulars referred to in the first Indent. Such licence
   must accompany the munitions until they reach their destination;
    It must be produced whenever the authorities of the Member States
   so require.
3. Each Member State may grant arms manufacturers/dealers the right
    to effect transfers of munitions from Its territory to an arms
   manufacturer/dealer established in another Member state without
    prior authorization within the meaning of paragraph 2. To this
    end, It shall Issue an approval valid for a period of three years
   which may at any time be suspended or cancelled on the basis of a
    reasoned decision. A document referring to that approval must
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          accompany the munitions until they reach their destination. It
          must be produced whenever the authorities of the Member States so
          require.
          No later than the time of transfer, the arms manufacturers/dealers
          shall communicate to the authorities of the Member State from
          which the munitions are to be transferred all the particulars
           listed In the first Indent of paragraph 2.
    4.    Each Member State shall provide the other Member States with a
           list of munitions in respect of which transfer to its territory
          may be authorized without prior agreement. Such lists of
          munitions shall be communicated to arms manufacturers/dealers who
          have obtained approval to transfer munitions without prior
          authorization under the procedure laid down in paragraph 3."
    5.    Each Member State shall communicate all relevant information at
           Its disposal concerning definitive transfers of munitions to the
          Member State In the territory of which the destination of such
           transfers is located.
    6.    The information received by the Member States under the procedures
           laid down In the preceding paragraphs of this Article shall be
          communicated, no later than the time of the transfer, to the
          Member State of destination and, where appropriate, no later than
           the time of transfer, to the Member States of transit."
15. The end of Art Icle 8(1) Is amended as follows:
    "... and for applying the procedures referred to In Articles 7 and 7a."
16. Article 11 is amended as follows:
    "Member States shall keep available for the other Member States and the
    Commission their information concerning undertakings in the explosives
    sector which possess a licence or an authorization such as referred to
     In Article 1(4).
    Member States shall determine whether such undertakings in the
    explosives sector possess a system for keeping track of explosives such
    that those In possession of explosives can be identified at any time.
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    The conditions of application of this paragraph shall be adopted in
    accordance with the Committee procedure set out in Article 10.
    The undertakings in question in the explosives sector shall keep such
    records of their transactions as are necessary to fulfil the
    obligations set out in this Article.
    The documents referred to In this Article must be kept for a minimum
    period of three years from the end of the calendar year In which the
    transaction recorded took place, even if the undertaking has ceased
    trading. The records must be kept readily available for inspection by
    the competent authorities at their request".
16a.The following Article 12a is Inserted:
    "Each Member State shall shall adopt the measures necessary to enable
    the competent authorities to seize any product falling within the scope
    of this Directive If adequate proof exists that such product will be
    unlawfully acquired, used or traded."
17. Article 13 is amended as follows:
    1.   Member States shall bring Into force the provisions necessary to
         comply with Articles 7, 7a, 8, 9 and 10 before [date of
         publication In the Official Journal].
    2.   Member States shall adopt and publish the laws, regulations and
         administrative provisions necessary to comply with the provisions
         other than those mentioned in paragraph 1 of this Article before
          [31 December 1994]. They shall forthwith Inform the Commission
          thereof. They shall apply these provisions as from
          [1 January 1995].
    3.   However, Member States shall permit, for the period up to
          [31 December 2002], the placing on the market of explosives
         complying with the national regulations In force In their
          territories on the date of this Directive's adoption.
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    4.   When these provisions are adopted by the Member States, they shall
         contain a reference to this Directive or shall be accompanied by
         such reference at the time of their official publication. The
         procedure for such reference shall be adopted by Member States;
    5.   Member States shall communicate to the Commission the texts of the
         provisions of national law which they adopt in the field governed
         by this Direct ive.
18. Annexes 1 and 2 are amended as follows:
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                                    "ANNEX 1
                               LIST OF EXPLOSIVES
Category 1:    Explosive materials and articles 1
1.11 Category 1 comprises:
     (a)  Explosive materials (a material which, while not itself explosive,
          may form an explosive mixture if present in the form of a gas,
          vapour or dust, does not fall within Category 1) except those
          which are too dangerous to be transported and those whose main
          risk falls within another category;
     (b)  explosive articles, except for devices containing explosive
          materials In quantity or of a type such that, If Ignited or
          activated In error or by accident during transport, they do not
          produce any discharge, fire, smoke, heat or intense noise outside
          the device; and
     (c)  materials and articles not mentioned in (a) or (b) above which are
          manufactured for the purpose of producing a practical effect
           Involving an explosion or pyrotechnics.
1.11.1    The transport of explosive materials which are so sensitive or
          reactive that they are subject to spontaneous reaction Is
          prohibited.
1.11.2    For the purposes of this Annex:
     (a)   "Explosive material" means a material (or a mixture of materials),
          solid or liquid, which can itself, by chemical reaction, emit
          gases at a temperature and pressure and at a speed which are such
          that damage Is caused to the surrounding area; pyrotechnic
    Text reproduced from the "United Nations Recommendations on the
    Transport of Dangerous Goods, including Explosives (Category 1
    thereof)".
 ---pagebreak---                                       - 18 -
          materials are included in this definition even if they do not emit
          gases;
     (b)  "pyrotechnic material" means a material (or a mixture of
          materials) intended to produce heat, light, sound, gas or smoke or
          a combination of these as a result of non-detonating,
          self-sustained, exothermic chemical reactions;
     (c)  "explosive article" means an article containing one or more
          explosive mater ials.
1.12      Category 1 has six divisions:
          Division 1.1 - materials and articles presenting a rl,s.K„Qf, trass
          explosion (a "mass" explosion is an explosion which affects nearly
          the whole charge almost Instantaneously).
          Division 1.2,,T materi.aIs ,anti j e t lc)e.s present ing Ahe rlsK M
          discharge, withguA r isK of, mags, explosion
          Division 1.3 -^materials and articles presenting a risk of fire
          with a slight rlsK of blast ,or of discharge or &t frctti, «without
          risk of mass explosion.     This division comprises materials and
          art Icles:
     (a)  whose combustion produces intense heat radiation; or
     (b)  which burn one after the other with slight effects of blast or ©f
          discharge or of both.
          Division 1.4 - materials and articles not Presenting any notable
           r isks. This division comprises materials and articles which
          present only a slight risk when Ignited or activated during
           transport. The effects are mostly contained within the package
          and do not usually cause any discharge of sizeable fragments over
          a notable distance. Exposure to an external fire must not result
           In nearly all the contents of the package exploding almost
           instantaneously.
           NOTE - The materials and articles in this division - act or
       --^designed in such a way that any dangerous effect due to accidental
          operation remains contained within the packaging (unless the
 ---pagebreak---                           - 19 -
packaging has been damaged by fire, in which case all effects of
blast or discharge must be sufficiently small so as not to greatly
hamper efforts to deal with the fire or other emergency action in
the Immediate vicinity of the package) - are assigned to
compatibility group S.
Division 1.5 - materials of minimal sensitivity presenting a risk
of mass explosion. This division comprises materials which
present a risk of mass explosion, but are of such minimal
sensitivity that there Is a very low probability of activation or
of combustion followed by detonation under normal conditions of
transport.
NOTE - The probability of combustion followed by detonation Is
higher when large quantities of material are transported on a
ship.
Division 1.6 - articles ofextremely low sensitivity not
presenting any risk of mass explosion. This division comprises
articles which contain detonating materials of extremely low
sensitivity for which It has been established that there is a
negligible probability of accidental activation or propagation.
NOTE - Articles In Division 1.6 only present a risk of Isolated
explosion.
1.13 Category 1 Is unique in that the type of packaging often has
a decisive effect on the risk and, consequently, on assignment to
a particular division. The appropriate division is determined by
the method described In Chapter 4.
 ---pagebreak---                                    - 20 -
                                   ANNEX 2
                        ESSENTIAL SAFETY REQUIREMENTS
I . General reoulrements
1.  Each explosive must be designed, manufactured and supplied in such a
    way as to present a minimum risk to human life and health and to
    prevent damage to property and the environment under normal,
    foreseeable conditions, including those obtaining until such time as It
    Is used.
2.  Each explosive must attain the performance characteristics specified by
    the manufacturer in order to ensure the maximum attainable level of
    safety and reliability.
3.  Each explosive must be designed and manufactured in such a way that it
    can be disposed of in a safe and environmentally compatible manner in
    accordance with the state of technology.
11. Special requirements
1.   In order to ensure compliance with the conditions set out In Section I
    above, at least the following properties must be considered and
    verified for each explosive where their relevance has been
    appropriately established:
    (a)   Structure and characteristics, Including chemical composition, the
          level of homogeneity and, where appropriate, dimensions and
          grain-size distribution.
    (b)   The chemical stability of the explosive at all temperatures to
          which It may be exposed.
    (c)   Sensitivity to Impact and friction.
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   (d)  Compatibility of all constituents in respect of their physical and
        chemical stabiIity.
   (e)  The mechanical and chemical purity of the explosive.
   (f)  The protection of the explosive against the effects of water where
        it is Intended to be used In a damp environment and where Its
        safety or reliability may be adversely affected by the action of
        water.
   (g)  Stability at low and high temperatures where the explosive is
         intended to be used at such temperatures and Its reliability or
        safety may be adversely affected by the cooling or heating of a
        constituent or of the explosive as a whole.
   (h)  The suitability of the explosive for use In environments deemed to
        be dangerous such as mines where firedamp is present, hot masses,
        etc., if it is intended to be used under such conditions.
   (I)  Safety in respect of premature or inadvertent combustion or
         Ignition.
   (k)  Reliable and complete detonation of the explosive when It is used
        for its intended purpose.
   (I)   Instructions and, where they are necessary, markings relating to
        handling, storage, use and disposal must be provided In the
         language of the country of destination.
   (m)  Any deterioration likely to be suffered by the explosives, their
        coverings or any other component during storage until the final
        date of use specified by the manufacturer.
   (n)  Specification of all devices and accessories necessary to the
        reliable and safe functioning of the explosives.
2. The various groups of explosives must also comply at least with the
   following requirements:
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(A) Blasting explosives
(a) The proposed method of Ignition must ensure safe, reliable and
    complete detonation of the blasting explosive.
(b) Blasting explosives in cartridge form must transmit the detonation
    safely and reliably from one end of a column of cartridges to the
    other.
(c) The gases produced by blasting explosives intended for underground
    use may contain carbon monoxide, nitrous gases, other gases,
    vapours or airborne solid residues only in quantities which do not
    Impair health under normal operating and ventilation conditions.
(B) Detonating cords and safety fuses
(a) The covering of detonating cords and safety fuses must be of
    adequate mechanical strength and adequately protect the explosive
    when exposed to normal mechanical stresses.
(b) The burning times of safety fuses must be Indicated.
(c) Detonating cords must be capable of being reliably initiated, be
    of sufficient initiation capability and comply with the relevant
    requirements, even after storage under damp and warm conditions.
(C) Electric and non-eiectrlc detonators (including delay elements)
(a) Detonators must reliably initiate the detonation of the blasting
    explosives which are Intended to be used with them.
(b) The Initiation capability must not be effected by humidity.
 ---pagebreak---                               - 23 -
(c) The delay times of delay detonators must be sufficiently uniform
    to ensure that the delay times of adjacent time steps do not
    over lap.
(d) The electrical characteristics of electric detonators must be
    indicated.
(e) The wires of electric detonators must be of adequate mechanical
    strength.
(D) Propeilant charges and solid rocket propel I ants
(a) These materials must neither explode nor detonate when used for
    their intended purpose.
(b) Propellants based on nitrocellulose must be stabilized against
    spontaneous decomposItIon.
(c) Solid rocket propellants, when in compressed or cast form, must
    not contain either fissures or gas bubbles."
 ---pagebreak---                                     - 24 -
19. The following Annexes 3, 4 and 5 have been added:
                                   "ANNEX 3
(1) Module B: EC type-examination
1.  This module describes that part of the procedure by which a notified
    body ascertains and attests that a specimen, representative of the
    production envisaged, meets the provisions of this Directive that apply
    to it.
2.  The application for the EC type-examination shall be lodged by the
    manufacturer or his authorized representative established within the
    Community with a notified body of his choice.
    The application shall Include:
          the name and address of the manufacturer and, If the application
          Is lodged by the authorized representative, his name and address
          in addition,
          a written declaration that the same application has not been
          lodged with any other notified body,
          the technical documentation, as described in point 3.
    The application shall place at the disposal of the notified body a
    specimen, representative of the production envisaged and hereinafter
    called "type". The notified body may request further specimens If
    needed for carrying out the test programme.
3.  The technical documentation shall enable the conformity of the product
    with the requirements of the Directive to be assessed. It shall, as
     far as relevant for such assessment, cover the design, manufacture and
    operation of the product and shall contain to the extent necessary for
     the assessment:
          a general type-description,
 ---pagebreak---                                    - 25 -
         conceptual design and manufacturing drawings and schemes of
         components, sub-assemblies, circuits, etc.,
         descriptions and explanations necessary for the understanding of
         said drawings and schemes and the operation of the product,
         a list of the standards referred to in Article 4, applied in full
         or In part, and descriptions of the solutions adopted to meet the
         essential requirements of the Directive where the standards
         referred to In the said Article have not been applied,
         results of design calculations made, examinations carried out,
         etc.,
         test reports.
4.  The notified body shall:
4.1 examine the technical documentation, verify that the type has been
    manufactured In conformity with the technical documentation and
    Identify the elements which have been designed in accordance with the
    relevant provisions of the standards referred to In Article 4, as well
    as the components which have been designed without applying the
    relevant provisions of those standards;
4.2 perform or have performed the appropriate examinations and necessary
    tests to check whether, where the standards referred to In Article 4
    have not been applied, the solutions adopted by the manufacturer meet
    the essential requirements of the Directive;
4.3 perform or have performed the appropriate examinations and necessary
    tests to check whether, where the manufacturer has chosen to apply the
    relevant standards, these have actually been applied;
4.4 agree with the applicant the location where the examinations and
    necessary tests shall be carried out.
 ---pagebreak---                              - 26 -
5. Where the type meets the relevant provisions of this Directive,
   the notified body shall Issue an EC type-examination certificate
   to the applicant. The certificate shall contain the name and
   address of the manufacturer, conclusions of the examination and
   the necessary data for Identification of the approved type.
   A list of the relevant parts of the technical documentation shall
   be annexed to the certificate and a copy kept by the notified
   body.
    If the manufacturer or his authorized representative established
   within the Community is denied a type certificate, the notified
   body shall provide detailed reasons for such denial.
   Provision shall be made for an appeals procedure.
6. The applicant shall Inform the notified body that holds the
   technical documentation concerning the EC type-examination
   certificate of a 11 modificat ions of the approved product which
   must receive additional approval where such changes may affect the
   conformity with the essential requirements or the prescribed
   conditions for use of the product. This additional approval is
   given In the form of an addition to the original EC
    type-examination certificate.
7. Each notified body shall communicate to the other not If led bodies
    the relevant Information concerning the EC type-examination
   certificates and additions Issued and withdrawn.
8. The other notified bodies may receive copies of the EC
    type-examination certificates and/or their additions. The annexes
    to the certificates shall be kept at the disposal of the other
   notified bodies.
9. The manufacturer or his authorized representative established
   within the Community shall keep with the technical documentation
   copies of EC type-examination certificates and their additions for
   a period ending at least two years after the last date on which
    the product was manufactured.
 ---pagebreak---                                   - 27 -
        Where neither the manufacturer nor his authorized representative
        is established within the Community, the obligation to keep the
        technical documentation available shall be the responsibility of
        the person who places the product of the Community market.
2. Module Ç: conformity to type
   1.   This module describes that part of the procedure whereby the
        manufacturer or his authorized representative established within
        the Community ensures and declares that the explosives concerned
        are in conformity with the type as described In the EC
        type-examination certificate and satisfy the requirements of this
        Directive that applied to them. The manufacturer shall affix the
        CE mark to each explosive and draw up a written dec I at ion of
        conformity.
   2.   The manufacturer shall take all measures necessary to ensure that
        the manufacturing process assures compliance of the manufactured
        products with the type as described In the EC type-examination
        certificate.
   3.   The manufacturer or his authorized representative shall keep a
        copy of the declaration of conformity for a period ending at least
         ten years after the last date on which the product was
        manufactured.
        Where neither the manufacturer nor his authorized representative
         Is established within the Community, the obligation to keep the
         technical documentation available shall be the responsibility of
         the person who places the product on the Community market.
   4.   A notified body chosen by the manufacturer shall carry out or have
        carried out product checks at random intervals. An adequate
        sample of the final products, taken on site by the notified body,
        shall be examined and appropriate tests as set out in the relevant
        standard(s) referred to in Article 4, or equivalent tests, shall
        be carried out to check the conformity of production with the
         relevant requirements of the Directive. In those cases where one
        or more specimens of the products checked do not conform, the
        notified body shall take appropriate measures.
 ---pagebreak---                                   - 28 -
3. Module D:   Production nuailtv assurance
   1.   This module describes the procedure whereby the manufacturer who
        satisfies the obligations of point 2 ensures and declares that the
        explosives concerned are in conformity with the type as described
         in the EC type-examination certificate and satisfy the
        requirements of this Directive. The manufacturer shall affix the
        CE mark to each explosive and draw up a written declaration of
        conformity. The CE mark shall be accompanied by the
         Identification symbol of the notified body responsible for the
        monitoring as specified in point 4.
   2.   The manufacturer shall operate an approved quality system for
        production, final product inspection and testing as specified In
        point 3 and shall be subject to monitoring as specified in
        point 4.
    3.  Quality system
    3.1 The manufacturer shall lodge an application for assessment of his
         quality system with a notified body of his choice, for the
         explosives concerned.
         The application shall Include:
         - all relevant Information for the product category envisaged,
         - the documentation concerning the quality system,
         - the technical documentation of the approved type and a copy of
           the EC type-examination certificate.
    3.2  The quality system shall ensure compliance of the explosives with
         the type as described In the EC type-examination certificate and
         with the requirements of the Directive that apply to them.
         Ail the elements, requirements and provisions adopted by the
         manufacturer shall be documented in a systematic and orderly
        manner in the form of written policies, procedures and
         Instructions. The quality system documentation must permit
 ---pagebreak---                                    - 29 -
         a consistent Interpretation of the quality programmes, plans,
         manuals and records.
It shall contain in particular an adequate description of:
         - the quality objectives and the organizational structure,
            responsibilities and powers of the management with regard to the
            explosives' qua Iity,
         - the manufacturing, quality-control and quality-assurance
            techniques, processes and systematic actions that will be used,
         - the examinations and tests that will be carried out before,
            during and after manufacture, and the frequency with which they
            will be carried out,
         - the quality records, such as inspection reports and test data,
            calibration data, qualification reports of the personnel
            concerned, etc.,
         - the means to monitor the achievement of the required quality of
            the explosives and the effective operation of the quality
            system.
    3.3  The notified body shall assess the quality system to determine
         whether It satisfies the requirements referred to in point 3.2.
          it shall presume conformity with these requirements In respect of
         quality systems that Implement the relevant harmonized standard.
         The auditing team shall have at least one member with experience
         of evaluation In the product technology concerned. The evaluation
         procedure shall Include an Inspection visit to the manufacturer's
         premises.
         The decision shall be notified to the manufacturer. The
         notification shall contain the conclusions of the examination and
         the reasoned assessment decision.
    3.4  The manufacturer shall undertake to fulfil the obligations arising
         out of the quality system as approved and to uphold It so that it
         remains adequate and efficient.
 ---pagebreak---                               - 30 -
    The manufacturer or his authorized representative shall keep the
    notified body that has approved the quality system informed of any
    intended updating of the quality system.
    The notified body shall evaluate the modifications proposed and
    decide whether the amended quality system will still satisfy the
    requirements referred to in paragraph 3.2 or whether a
    re-assessment is required.
    It shall notify its decision to the manufacturer. The
    notification shall contain the conclusions of the examination and
    the reasoned assessment decision.
4.  Surveillance under the responsibility of the notified body.
4.1 The purpose of surveillance is to make sure that the manufacturer
    duly fulfils the obligations arising out of the approved quality
    system.
4.2 The manufacturer shall allow the notified body entrance for
     Inspection purposes to the locations of manufacture, Inspection
    and testing, and storage and shall provide it with all necessary
     Information, In particular:
    - the quality system documentation,
     the quality records, such as inspection reports and test data,
    calibration data, qualification reports of the personnel
    concerned, etc.
4.3 The notified body shall periodically carry out audits to make sure
     that the manufacturer maintains and applies the quality system and
    shall provide an audit report to the manufacturer.
4.4 Additionally, the notified body may pay unexpected visits to the
    manufacturer. During such visits, the notified body may carry
    out, or cause to be carried out, tests to verify that the quality
     system Is functioning correctly, If necessary. The notified body
    shall provide the manufacturer with a visit report and, If a test
     has taken place, with a test report.
 ---pagebreak---                                    - 31 -
   5.   The manufacturer shall, for a period ending at least ten years
        after the last date on which the product was manufactured, keep at
        the disposal of the national authorities:
        - the documentation referred to In the second Indent of point 3.1,
        - the updating referred to In the second paragraph of point 3.4,
        - the decisions and reports from the notified body which are
           referred to In the final paragraph of point 3.4, points 4.3 and
           4.4.
   6.   Each notified body shall give the other notified bodies the
        relevant information concerning the quality system approvals
        Issued and withdrawn.
4. Module E; Product quality assurance
   1.   This module describes the procedure whereby the manufacturer who
        satisfies the obligations of point 2 ensures and declares that the
        explosives concerned are In conformity with the type as described
         in the EC type-examination certificate. The manufacturer shall
        affix the CE mark to each explosive and draw up a written
        declaration of conformity. The CE mark shall be accompanied by
        the Identification symbol of the notified body responsible for
        surveillance as specified In point 4.
   2.   The manufacturer shall operate an approved quality system for
        final inspection and testing of the explosives as specified in
        point 3 and shall be subject to surveillance as specified In
        point 4.
   3.   Quality system
   3.1  The manufacturer shall lodge an application for assessment of his
        quality system for the explosives concerned with a notified body
        of his choice.
        The application shall include:
        - all relevant Information for the category of explosives
           envisaged,
 ---pagebreak---                               - 32 -
    - the quality system documentation,
    - the technical documentation of the approved type and a copy of
       the EC type-examination certificate.
3.2 Under the quality system, each explosive shall be examined and
    appropriate tests as set out in the relevant standard(s) referred
    to in Article 5 or equivalent tests shall be carried out in order
    to ensure Its conformity with the relevant requirements of the
    Directive. All the elements, requirements and provisions adopted
    by the manufacturer shall be documented in a systematic and
    orderly manner In the form of written policies, procedures and
     Instructions. This quality system documentation shall ensure a
    common understanding of the quality programmes, plans, manuals and
    records.
     It shall contain in particular an adequate description of:
    - the quality objectives and the organizational structure,
       responsibilities and powers of the management with regard to
       product qua IIty,
    - the examinations and tests that will be carried out after
       manufacture,
    - the means to monitor the effective operation of the quality
       system,
    - quality records, such as Inspection reports and test data,
       calibration data, qualification reports of the personnel
       concerned, etc.
3.3 The notified body shall assess the quality system to determine
    whether It satisfies the requirements referred to in point 3.2.
     It shall presume conformity with these requirements In respect of
     quality systems that Implement the relevant harmonized standard.
     The auditing team shall have at least one member experienced as
 ---pagebreak---                               - 33 -
    an assessor in the product technology concerned. The assessment
    procedure shall include an assessment visit to the manufacturer's
    premises.
    The decision shall be notified to the manufacturer. The
    notification shall contain the conclusions of the examination and
    the reasoned assessment decision.
3.4 The manufacturer shall undertake to discharge the obligations
    arising out of the quality system as approved and to maintain it
    in an appropriate and efficient manner.
    The manufacturer or his authorized representative shall keep the
    notified body which has approved the quality system Informed of
    any intended updating of the quality system.
    The notified body shall evaluate the modifications proposed and
    decide whether the modified quality system will still satisfy the
    requirements referred to in point 3.2 or whether a re-assessment
     is required.
     It shall notify Its decision to the manufacturer. The
    notification shall contain the conclusion- of the examination and
    the reasoned assessment decision.
4.  Surveillance under the responsibility of the notified body
4.1 The purpose of surveillance is to make sure that the manufacturer
    duly fulfils the obligations arising out of the approved quality
    system.
4.2 The manufacturer shall allow the notified body entrance for
     inspection purposes to be locations of inspection, testing and
    storage and shall provide it with all necessary information, in
    part icular:
    - the quality system documentation,
    - the technical documentation,
    - the quality records, such as Inspection reports and test data,
       calibration data, qualification reports of the personnel
       concerned, etc.
 ---pagebreak---                              - 34 -
4.3 The notified body shall periodically carry out audits to ensure
    that the manufacturer maintains and applies the quality system and
 ---pagebreak---                                    - 35 -
        shall provide an audit report to the manufacturer.
   4.4  Additionally, the notified body may pay unexpected visits to the
        manufacturer. At the time of such visits, the notified body may
        carry out tests or have them carried out In order to check the
        proper functioning of the quality system where necessary; It shall
        provide the manufacturer with a visit report and, If a test has
        been carried out, with a test report.
   5.   The manufacturer shall, for a period ending at least ten years
        after the last date on which the product was manufactured, keep at
        the disposal of the national authorities:
        - the documentation referred to In the third Indent of point 3.1,
        - the updating referred to in the second paragraph of point 3.4,
        - the decisions and reports from the notified body which are
           referred to in the final paragraph of point 3.4, points 4.3 and
           4.4.
   6.   Each notified body shall forward to the other notified bodies the
        relevant information concerning the quality system approvals
         issued and withdrawn.
5. Module G;    Unit verification
   1.   This module describes the procedure whereby the manufacturer
        ensures and declares that the explosive concerned, which has been
         Issued with the certificate referred to In point 2, conforms to
        the requirements of the Directive that apply to It. The
        manufacturer shall affix the CE mark to the explosive and draw up
        a declaration of conformity.
   2.   The notified body shall examine the explosive and carry out the
        appropriate tests as set out In the relevant standard(s) referred
        to in Article 6, or equivalent tests, to ensure Its conformity
        with the relevant requirements of the Directive.
        The notified body shall affix, or cause to be affixed, Its
         identification symbol to the approved explosive and shall draw up
        a certificate of conformity concerning the tests carried out.
 ---pagebreak---                                    - 36 -
   3.   The aim of the technical documentation is to enable conformity
        with the requirements of the Directive to be assessed and the
        design, manufacture and operation of the explosive to be
        understood.
        The documentation shall contain so far as relevant for assessment:
        - a general description of the type;
        - conceptual design and manufacturing drawings and schemes of
          components, sub-assemblies, circuits, etc.;
        - descriptions and explanations necessary for the understanding of
          the said drawings and schemes and the operation of the
          protection apparatus or system;
        - a list of the standards referred to In Article 4, applied In
           full or in part, and descriptions of the solutions adopted to
          meet the essential requirements where the standards referred to
           in Article 4 have not been applied;
        - results of design calculations made, examinations carried out
           etc. ;
        - test reports.
                                  ANNEX 4
      Minimum criteria to be taken Into account bv the Member States
                       for the notification of bodies
1. The body, Its manager and the personnel responsible for performing the
   verification operations may not be the designer, the constructor, the
   supplier, the installer of the explosives which they examine or the
 ---pagebreak---                                   - 37 -
   authorized representative of any one of these persons. They may not
   Intervene either directly or as authorized representatives In the
   design, the construction, the marketing or the maintenance of these
   explosives. This does not preclude the possibility of an exchange of
   technical information between the constructor and the body.
2. The body and the personnel responsible for the examination must carry
   out the verification operations with the greatest professional
   integrity and the greatest technical competence and must be free of all
   pressures and incentives, in particular of a financial nature, that
   might Influence their judgment or the results of their examination,
   particularly from persons or groups of persons interested In the
   results of the verifications.
3. The body must possess both the personnel and the resources necessary to
   accomplish adequately the technical and administrative tasks associated
   with the performance of verifications; It must also have access to the
   equipment necessary for exceptional verifications.
4. The personnel responsible for examinations must possess:
         proper technical and professional training,
         satisfactory knowledge of the procedures to be applied to the
         examinations they perform and sufficient experience of such
         examinations,
         the ability to prepare certificates, records and reports setting
         out the results of the examinations performed.
5. The independence of the personnel responsible for the examination must
   be assured. The remuneration of each staff member must not depend
   either on the number of examinations he performs or on the results of
   such examinations.
6. The body must take out an insurance policy covering third-party
    liability unless such liability Is covered by the State on the basis of
   national law or the examinations are performed directly by the
   Member State.
 ---pagebreak---                                   - 38 -
7. The staff members of the body shall be bound by professional secrecy
   (save in respect of the competent administrative authorities of the
   State where they perform their activities) under this Directive or
   under any provision of national law giving effect to this Directive.
 ---pagebreak---                                    - 39 -
                                   ANNEX 5
                             Mark of conformity
The mark of conformity shall comprise the symbol CE as shown below and the
two last digits of the year in which the mark was affixed.
Where the mark is increased or reduced in size, the proportions indicated
 in respect of the design presented above must be compiled with."
 ---pagebreak---  ---pagebreak---                                     - 40 -
                                     ANNEX
    Commission's position regarding the amendments that were not adopted
Amendment No 1 : amends the title of the text to:
"Proposal for a Council ReoulatIon    ..."
Commission's position
The Regulation formula does have advantages; it enables Community rules to
enter into force more rapidly and to be applied in a more homogeneous
manner. However, it requires that the procedures for the application of
the Community standard be set out In detail. Since this aspect was not
taken into account in the Directive's preparatory phase, It was not
possible to adopt the Regulation formula.
Amendment No 4:    in the 6th recital, the term "very useful" is replaced by
 "essential"
Commission's position
Within the framework of the "new approach", the conformity of products Is
assessed in relation to the "essential requirements". The standards are
only a means of facilitating the process of demonstrating compliance with
 the essential requirements. In this sense, they are "very useful" but not
essent ial.
Amendment no 5: in the 7th recital, deletes the wording "and must retain
 their status as non-mandatory (voluntary) standards".
 ---pagebreak---                                    - 41 -
Commission's position
Within the framework of the "new approach", it is the essential
requirements which are mandatory, and not the standards. The latter are
only a means of ensuring compliance with the essential requirements.
Amendment No 6: introduces an 8th recital a, as follows:
"Whereas the "Seveso" Directive should be amended to cover explosives
companies"
Commission's position
 It Is true, to be sure, that the Commission (DG XI) Is working on an
amendment to the "Seveso" Directive along these lines. However, such a
decision has not yet been taken by the Commission. The amendment Is hence
premature. Furthermore, it would be out of place in an "internal market"
DirectIve.
Amendment No 12:   amends Article 4 as follows
 "authorizations to place explosives on the market which have been granted
 in a Member State pursuant to this Regulation shall be accepted by the
other Member States as marketing authorizations which are valid within
their territories."
Commission's position
 In this instance, account must be taken of the fact that explosives do not
form a sector in which acceptance procedures can be automatic. Factors
associated with specific uses, for example, may have to be taken Into
account. For this reason, the formula of automatic acceptance proposed by
Parliament cannot be adopted.
 ---pagebreak---                                     - 42 -
Amendment No 18:    modifies Article 8 by providing, in particular, that the
Member States should set up information exchange networks for the
implementation of this Directive no later than 31 December 1993 (and not
1992).
Commission's position
This Directive is one of the instruments necessary to the abolition of
frontier controls; for this reason, the arrangements for cooperation
between national administrations must enter into effect on
31 December 1992.
Amendment No 19:   adds the following sentence to Article 9:
"These amendments shall not seek to alter the scope of this Regulation."
Commission's position
The scope of this Directive Is defined by reference to the contents of the
United Nations Recommendations on the Transport of Dangerous Goods. If
 these Recommendations are amended, it must be possible to adapt the
contents of the Directive accordingly without excessive delay.
Amendment No 21 :  deletes Article 14
Commission's position
The same comment applies here as in the case of amendment No 1.
Amendment No 23:   adds a third Indent a to Annex 2:
 ---pagebreak---                                    - 43 -
"the conditions under which the explosive can be used and the steps to be
taken In the event of an accident".
Commission's position
The manufacturer's declaration is linked with the placing of the explosive
on the market. It is therefore not possible to consider it as an
instrument for verifying either the use or the transport conditions.
 ---pagebreak---  ---pagebreak---                                                                      ISSN 0254-1475
                                                               COM(92) 524 final
                                                      DOCUMENTS
EN                                                                              06
                                Catalogue number : CB-CO-92-546-EN-C
                                                             ISBN 92-77-50403-X
Office for Official Publications of the European Communities
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