LegalizeDirective 2014/28/EU of the European Parliament and of the Council of 26 February 2014 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
This is the act as published. Later amendments are not folded into the text below: each one is a separate act in this repository and an entry in this law's history.
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 so doing 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 II or corresponding harmonised standards or other technical specifications have not been met by a manufacturer, it shall require that manufacturer to take appropriate corrective measures and shall not issue a certificate of conformity.
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.
Article 37
Appeal against decisions of notified bodies
Member States shall ensure that an appeal procedure against decisions of the notified bodies is available.
Article 38
Information obligation on notified bodies
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 or 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.
Notified bodies shall provide the other bodies notified under this Directive carrying out similar conformity assessment activities covering the same explosives with relevant information on issues relating to negative and, on request, positive conformity assessment results.
Article 39
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 40
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.
CHAPTER 6 UNION MARKET SURVEILLANCE, CONTROL OF EXPLOSIVES ENTERING THE UNION MARKET AND UNION SAFEGUARD PROCEDURE
Article 41
Union market surveillance and control of explosives entering the Union market
Articles 16 to 29 of Regulation (EC) No 765/2008 shall apply to explosives.
Member States shall take all appropriate measures to ensure that explosives may be placed on the market only if, when properly stored and used for their intended purpose, they do not endanger the health or safety of persons.
Article 42
Procedure for dealing with explosives presenting a risk at national level
Where the market surveillance authorities of one Member State have sufficient reason to believe that an explosive presents a risk to the health or safety of persons, or to property or the environment, they shall carry out an evaluation in relation to the explosive concerned covering all relevant requirements laid down in this Directive. The relevant economic operators shall cooperate as necessary with the market surveillance authorities for that purpose.
Where, in the course of the evaluation referred to in the first subparagraph, 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 actions 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 of this paragraph.
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 the second subparagraph of 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 the protection of property or the environment; or
- (b) shortcomings in the harmonised standards referred to in Article 19 conferring a presumption of conformity.
Member States other than the Member State initiating the procedure under this Article 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 adopted national measure, of their objections.
Where, within three months of receipt of the information referred to in the second subparagraph of 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, such as withdrawal of the explosive from the market are taken in respect of the explosive concerned without delay.
Article 43
Union safeguard procedure
Where, on completion of the procedure set out in Article 42(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 adopt an implementing act determining 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 necessary measures 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 that 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 point (b) of Article 42(5) of this Directive, the Commission shall apply the procedure provided for in Article 11 of Regulation (EU) No 1025/2012.
Article 44
Compliant explosives which present a risk
Where, having carried out an evaluation under Article 42(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 property or the environment, 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 by means of implementing acts whether the national measure is justified or not, and where necessary, propose appropriate measures.
The implementing acts referred to in the first subparagraph of this paragraph shall be adopted in accordance with the examination procedure referred to in Article 49(3).
On duly justified imperative grounds of urgency relating to the protection of health and safety of persons, or to the protection of property or the environment, the Commission shall adopt immediately applicable implementing acts in accordance with the procedure referred to in Article 49(4).
The Commission shall address its decision to all Member States and shall immediately communicate it to them and the relevant economic operator or operators.
Article 45
Formal non-compliance
Without prejudice to Article 42, 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 CE marking has been affixed in violation of Article 30 of Regulation (EC) No 765/2008 or of Article 23 of this Directive;
- (b) the CE marking has not been affixed;
- (c) the identification number of the notified body, where that body is involved in the production control phase, has been affixed in violation of Article 23 or has not been affixed;
- (d) the EU declaration of conformity has not been drawn up;
- (e) the EU declaration of conformity has not been drawn up correctly;
- (f) technical documentation is either not available or not complete;
- (g) the information referred to in Article 5(5) or Article 7(3) is absent, false or incomplete;
- (h) any other administrative requirement provided for in Article 5 or Article 7 is not fulfilled.
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 AND IMPLEMENTING POWERS AND COMMITTEE
Article 46
Delegated power
The Commission shall be empowered to adopt delegated acts in accordance with Article 47 updating Annex I in order to align it to the United Nations recommendations on the transport of dangerous goods.
Article 47
Exercise of the delegation
The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.
The power to adopt delegated acts referred to in Article 46 shall be conferred on the Commission for five years from 18 April 2014. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.
The delegation of power referred to in Article 46 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day 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 46 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two 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 two months at the initiative of the European Parliament or of the Council.
Article 48
Implementing acts
The Commission shall adopt implementing acts setting out the technical arrangements for the application of Article 11, in particular the model document to be used.
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 49(3).
Article 49
Committee procedure
The Commission shall be assisted by the Committee on Civil Explosives. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.
Where reference is made to this paragraph, Article 4 of Regulation (EU) No 182/2011 shall apply.
Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.
Where reference is made to this paragraph, Article 8 of Regulation (EU) No 182/2011, in conjunction with Article 5 thereof, shall apply.
The committee shall be consulted by the Commission on any matter for which consultation of sectoral experts is required by Regulation (EU) No 1025/2012 or by any other Union legislation.
The committee may furthermore examine any other matter concerning the application of this Directive raised either by its chair or by a representative of a Member State in accordance with its rules of procedure.
CHAPTER 8 TRANSITIONAL AND FINAL PROVISIONS
Article 50
Penalties
Member States shall lay down rules on penalties applicable to infringements by economic operators of the provisions of national law adopted pursuant to this Directive and shall take all measures necessary to ensure that they are enforced. Such rules may include criminal penalties for serious infringements.
The penalties provided for shall be effective, proportionate and dissuasive.
Article 51
Transitional provisions
Member States shall not impede the making available on the market of explosives covered by Directive 93/15/EEC which are in conformity with that Directive and which were placed on the market before 20 April 2016.
Certificates issued under Directive 93/15/EEC shall be valid under this Directive.
Until replaced by the measures adopted pursuant to Article 15 of this Directive, Commission Directive 2008/43/EC of 4 April 2008 setting up, pursuant to Council Directive 93/15/EEC, a system for the identification and traceability of explosives for civil uses [^ntr14-L_2014096EN.01000101-E0014] shall continue to apply.
Article 52
Transposition
Member States shall adopt and publish, by 19 April 2016, the laws, regulations and administrative provisions necessary to comply with points 2, 7 to 13 and 15 to 24 of Article 2, Articles 3 to 10, Article 14(1), Articles 15 and 16, point (i) of point (a) of Article 20, Articles 21 to 27, Article 28(1) to (4), (6), (7), (10) and (11), Articles 29 to 45, 50 and 51 and Annexes III and IV. They shall forthwith communicate the text of those measures to the Commission.
They shall apply those measures from 20 April 2016.
When Member States adopt those measures, they shall contain a reference to this Directive or 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. Member States shall determine how such reference is to be made and how that statement is to be formulated.
Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.
Article 53
Repeal
Directive 93/15/EEC as amended by the Regulations listed in Annex V, Part A, and Directive 2004/57/EC are repealed with effect from 20 April 2016, without prejudice to the obligations of the Member States relating to the time-limits for the transposition into national law and the dates of application of the Directives set out in Annex V, Part B.
References to the repealed Directives shall be construed as references to this Directive and shall be read in accordance with the correlation table in Annex VI.
Article 54
Entry into force and application
This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
Article 1 , points 1, 3 to 6 and 14 of Article 2, Articles 11, 12 and 13, Article 14(2), Articles 17 to 19, points (ii) to (iv) of point (a) and point (b) of Article 20, Article 28(5), (8) and (9), Articles 46, 47, 48 and 49 and Annexes I, II, V and VI shall apply from 20 April 2016.
Article 55
Addressees
This Directive is addressed to the Member States.
Done at Strasbourg, 26 February 2014.
For the European Parliament
The President
M. SCHULZ
For the Council
The President
D. KOURKOULAS
[^ntr1-L_2014096EN.01000101-E0001]: OJ C 181, 21.6.2012, p. 105.
[^ntr2-L_2014096EN.01000101-E0002]: Position of the European Parliament of 5 February 2014 (not yet published in the Official Journal) and decision of the Council of 20 February 2014.
[^ntr3-L_2014096EN.01000101-E0003]: OJ L 121, 15.5.1993, p. 20.
[^ntr4-L_2014096EN.01000101-E0004]: See Annex V, Part A.
[^ntr5-L_2014096EN.01000101-E0005]: OJ L 127, 29.4.2004, p. 73.
[^ntr6-L_2014096EN.01000101-E0006]: OJ L 218, 13.8.2008, p. 30.
[^ntr7-L_2014096EN.01000101-E0007]: OJ L 218, 13.8.2008, p. 82.
[^ntr8-L_2014096EN.01000101-E0008]: OJ L 10, 14.1.1997, p. 13.
[^ntr9-L_2014096EN.01000101-E0009]: OJ L 178, 28.6.2013, p. 27.
[^ntr10-L_2014096EN.01000101-E0010]: OJ L 256, 13.9.1991, p. 51.
[^ntr11-L_2014096EN.01000101-E0011]: OJ L 316, 14.11.2012, p. 12.
[^ntr12-L_2014096EN.01000101-E0012]: OJ L 82, 22.3.1997, p. 1.
[^ntr13-L_2014096EN.01000101-E0013]: OJ L 55, 28.2.2011, p. 13.
[^ntr14-L_2014096EN.01000101-E0014]: OJ L 94, 5.4.2008, p. 8.
ANNEX I
ARTICLES CONSIDERED IN THE RELEVANT UNITED NATIONS RECOMMENDATIONS TO BE PYROTECHNIC OR AMMUNITION
| UN No | NAME and DESCRIPTION | CLASS/DIVISION | GLOSSARY (to be used as a guide for information only) |
|---|---|---|---|
| Group G | Group G | Group G | Group G |
| 0009 | Ammunition, Incendiary with or without burster, expelling charge or propelling charge | 1.2 G | Ammunition Generic term related mainly to articles of military application consisting of all kind of bombs, grenades, rockets, mines, projectiles and other similar devices. Ammunition, Incendiary Ammunition containing incendiary substance. Except when the composition is an explosive per se, it also contains one or more of the following: a propelling charge with primer and igniter charge; a fuze with burster or expelling charge. |
| 0010 | Ammunition, Incendiary with or without burster, expelling charge or propelling charge | 1.3 G | See Entry for UN No 0009 |
| 0015 | Ammunition, Smoke with or without burster, expelling charge or propelling charge | 1.2 G | Ammunition, Smoke Ammunition containing smoke-producing substance. Except when the substance is an explosive per se, the ammunition also contains one or more of the following: a propelling charge with primer and igniter charge; a fuze with burster or expelling charge. |
| 0016 | Ammunition, Smoke with or without burster, expelling charge or propelling charge | 1.3 G | See Entry for UN No 0015 |
| 0018 | Ammunition, Tear-producing with burster, expelling charge or propelling charge | 1.2 G | Ammunition, Tear-producing with burster, expelling charge or propelling charge Ammunition containing tear-producing substance. It also contains one or more of the following: a pyrotechnic substance; a propelling charge with primer and igniter charge; a fuze with burster or expelling charge. |
| 0019 | Ammunition, Tear-producing with burster, expelling charge or propelling charge | 1.3 G | See Entry for UN No 0018 |
| 0039 | Bombs, photo-flash | 1.2 G | Bombs Explosive articles which are dropped from aircraft. They may contain a flammable liquid with bursting charge, a photo-flash composition or a bursting charge. The term includes: bombs, photo-flash. |
| 0049 | Cartridges, Flash | 1.1 G | Cartridges, Flash Articles consisting of a casing, a primer and flash powder, all assembled in one piece ready for firing. |
| 0050 | Cartridges, Flash | 1.3 G | See Entry for UN No 0049 |
| 0054 | Cartridges, Signal | 1.3 G | Cartridges, Signal Articles designed to fire coloured flares or other signals from signal pistols, etc. |
| 0066 | Cord, Igniter | 1.4 G | Cord, Igniter Article consisting of textile yarns covered with black powder or another fast burning pyrotechnic composition and of a flexible protective covering; or it consists of a core of black powder surrounded by a flexible woven fabric: It burns progressively along its length with an external flame and is used to transmit ignition from a device to a charge. |
| 0092 | Flares, Surface | 1.3 G | Flares Articles containing pyrotechnic substances which are designed for use to illuminate, identify, signal or warn. |
| 0093 | Flares, Aerial | 1.3 G | See Entry for UN No 0092 |
| 0101 | Fuse, non-detonating | 1.3 G | Fuse/Fuze Although these two words have a common origin (French fusée, fusil) and are sometimes considered to be different spellings, it is useful to maintain the convention that fuse refers to a cord-like igniting device whereas fuze refers to a device used in ammunition which incorporates mechanical, electrical, chemical or hydrostatic components to initiate a train by deflagration or detonation. Fuse, instantaneous, non-detonating (quick-match) Article consisting of cotton yarns impregnated with fine black powder (quickmatch). It burns with an external flame and is used in ignition trains for fireworks, etc. |
| 0103 | Fuse, Igniter, tubular, metal clad | 1.4 G | Fuse, igniter, tubular, metal clad Article consisting of a metal tube with a core of deflagrating explosive. |
| 0171 | Ammunition, illuminating with or without burster, expelling charge or propelling charge | 1.2 G | Ammunition, illuminating with or without burster, expelling charge or propelling charge Ammunition designed to produce a single source of intense light for lighting up an area. The term includes illuminating cartridges, grenades and projectiles; and illuminating and target identification bombs. |
| 0191 | Signal devices, hand | 1.4 G | Articles designed to produce signals. |
| 0192 | Signals, railway track, explosive | 1.1 G | See Entry for UN No 0191 |
| 0194 | Signals, distress, ship | 1.1 G | See Entry for UN No 0191 |
| 0195 | Signals, distress, ship | 1.3 G | See Entry for UN No 0191 |
| 0196 | Signals, smoke | 1.1 G | See Entry for UN No 0191 |
| 0197 | Signals, smoke | 1.4 G | See Entry for UN No 0191 |
| 0212 | Tracers for ammunition | 1.3 G | Tracers for ammunition Sealed articles containing pyrotechnic substances, designed to reveal the trajectory of a projectile. |
| 0254 | Ammunition, illuminating with or without burster, expelling charge or propelling charge | 1.3 G | See Entry for UN No 0171 |
| 0297 | Ammunition, illuminating with or without burster, expelling charge or propelling charge | 1.4 G | See Entry for UN No 0254 |
| 0299 | Bombs, photo-flash | 1.3 G | See Entry for UN No 0039 |
| 0300 | Ammunition, incendiary with or without burster, expelling charge or propelling charge | 1.4 G | See Entry for UN No 0009 |
| 0301 | Ammunition, tear-producing with burster, expelling charge | 1.4 G | See Entry for UN No 0018 |
| 0303 | Ammunition, smoke with or without burster, expelling charge | 1.4 G | See Entry for UN No 0015 |
| 0306 | Tracers for ammunition | 1.4 G | See Entry for UN No 0212 |
| 0312 | Cartridges, signal | 1.4 G | Cartridges, signal Articles designed to fire coloured flares or other signals from signal pistols. |
| 0313 | Signals, smoke | 1.2 G | See Entry for UN No 0195 |
| 0318 | Grenades, practice, hand or rifle | 1.3 G | Grenades hand or rifle Articles which are designed to be thrown by hand or to be projected by a rifle. The term includes: Grenades practice, hand or rifle. |
| 0319 | Primers, tubular | 1.3 G | Primers, tubular Articles consisting of a primer for ignition and an auxiliary charge of deflagrating explosive such as black powder used to ignite the propelling charge in a cartridge case, e.g. cannon. |
| 0320 | Primers, tubular | 1.4 G | See Entry for UN No 0319 |
| 0333 | Fireworks | 1.1 G | Fireworks Pyrotechnic articles designed for entertainment. |
| 0334 | Fireworks | 1.2 G | See Entry for UN No 0333 |
| 0335 | Fireworks | 1.3 G | See Entry for UN No 0333 |
| 0336 | Fireworks | 1.4 G | See Entry for UN No 0333 |
| 0362 | Ammunition, practice | 1.4 G | Ammunition, practice Ammunition without a main bursting charge, containing a burster or expelling charge. Normally it also contains a fuze and a propelling charge. |
| 0363 | Ammunition, proof | 1.4 G | Ammunition, proof Ammunition containing pyrotechnic substances, used to test the performance or strength of new ammunition, weapon component or assemblies. |
| 0372 | Grenades, practice, hand or rifle | 1.2 G | See Entry for UN No 0318 |
| 0373 | Signal devices, hand | 1.4 S | See Entry for UN No 0191 |
| 0403 | Flares, aerial | 1.4 G | See Entry for UN No 0092 |
| 0418 | Flares, surface | 1.2 G | See Entry for UN No 0092 |
| 0419 | Flares, surface | 1.1 G | See Entry for UN No 0092 |
| 0420 | Flares, aerial | 1.1 G | See Entry for UN No 0092 |
| 0421 | Flares, aerial | 1.2 G | See Entry for UN No 0092 |
| 0424 | Projectiles, inert with tracer | 1.3 G | Projectiles Articles such as a shell or bullet which are projected from a cannon or other artillery gun, rifle or other small arm. They may be inert, with or without tracer, or may contain a burster or expelling charge or a bursting charge. The term includes: Projectiles, inert, with tracer; projectiles with burster or expelling charge; projectiles with bursting charge. |
| 0425 | Projectiles, inert with tracer | 1.4 G | See Entry for UN No 0424 |
| 0428 | Articles, pyrotechnic for technical purposes | 1.1 G | Articles, pyrotechnic for technical purposes Articles which contain pyrotechnic substances and are used for technical purposes such as heat generation, gas generation, theatrical effects, etc. The term excludes the following articles which are listed separately: all ammunition; cartridges, signal; cutters, cable, explosive; fireworks; flares, aerial; flares, surface; release devices, explosive; rivets, explosive; signal devices, hand; signals, distress; signals, railway track, explosive; signals, smoke. |
| 0429 | Articles, pyrotechnic for technical purposes | 1.2 G | See Entry for UN No 0428 |
| 0430 | Articles, pyrotechnic for technical purposes | 1.3 G | See Entry for UN No 0428 |
| 0431 | Articles, pyrotechnic for technical purposes | 1.4 G | See Entry for UN No 0428 |
| 0434 | Projectiles with burster or expel-ling charge | 1.2 G | Projectiles Articles such as a shell or bullet which are projected from a cannon or other artillery gun, rifle or other small arm. They may be inert, with or without tracer, or may contain a burster or expelling charge or a bursting charge. The term includes: projectiles, inert, with tracer; projectiles with burster or expelling charge; projectiles with bursting charge. |
| 0435 | Projectiles with burster or expelling charge | 1.4 G | See Entry for UN No 0434 |
| 0452 | Grenades, practice, hand or rifle | 1.4 G | See Entry for UN No 0372 |
| 0487 | Signal, smoke | 1.3 G | See Entry for UN No 0194 |
| 0488 | Ammunition, practice | 1.3 G | Ammunition, practice Ammunition without a main bursting charge, containing a burster or expelling charge. Normally it also contains a fuze and a propelling charge. The term excludes the following articles which are listed separately: Grenades, practice. |
| 0492 | Signals, railway track, explosive | 1.3 G | See Entry for UN No 0194 |
| 0493 | Signals, railway track, explosive | 1.4 G | See Entry for UN No 0194 |
| 0503 | Air bag inflators, or Airbag modules, or seat belt pre-tensioners, | 1.4 G | |
| Group S | Group S | Group S | Group S |
| 0110 | Grenades, practice, hand or rifle | 1.4 S | See Entry for UN No 0318 |
| 0193 | Signals, railway track, explosive | 1.4 S | See Entry for UN No 0194 |
| 0337 | Fireworks | 1.4 S | See Entry for UN No 0334 |
| 0345 | Projectiles, inert with tracer | 1.4 S | Projectiles Articles such as a shell or bullet which are projected from a cannon or other artillery gun, rifle or other small arm. They may be inert, with or without tracer, or may contain a burster or expelling charge or a bursting charge. |
| 0376 | Primers, tubular | 1.4 S | See Entry for UN No 0319 |
| 0404 | Flares, aerial | 1.4 S | See Entry for UN No 0092 |
| 0405 | Cartridges, signal | 1.4 S | Cartridges, Signal Articles designed to fire coloured flares or other signals from signal pistols, etc. |
| 0432 | Articles, pyrotechnic or technical purpose | 1.4 S |
ANNEX II
ESSENTIAL SAFETY REQUIREMENTS
I. General requirements
| 1. | 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 standard practices until it is used. | |
| --- | --- | --- |
| 2. | Each explosive must attain the performance characteristics specified by the manufacturer in order to ensure maximum safety and reliability. | |
| --- | --- | --- |
| 3. | 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 minimises effects on the environment. |
II. Special requirements
As a minimum, the following information and properties, where appropriate, must be considered or tested:
- (a) design and characteristic properties, including chemical composition, degree of homogeneity and, where appropriate, dimensions and grain size distribution;
- (b) the physical and chemical stability of the explosive in all environmental conditions to which it may be exposed;
- (c) sensitiveness to impact and friction;
- (d) compatibility of all components as regards their physical and chemical stability;
- (e) the chemical purity of the explosive;
- (f) 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;
- (g) resistance 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;
- (h) the suitability of the explosive for use in hazardous environments (e.g. firedamp atmospheres, hot masses) if it is intended to be used under such conditions;
- (i) safety features intended to prevent untimely or inadvertent initiation or ignition;
- (j) the correct loading and functioning of the explosive when used for its intended purpose;
- (k) suitable instructions and, where necessary, markings in respect of safe handling, storage, use and disposal;
- (l) the ability of the explosive, its wrapping or other components to withstand deterioration during storage until the ‘use by’ date specified by the manufacturer;
- (m) specification of all devices and accessories needed for reliable and safe functioning of the explosive.
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.
3. Requirements for the groups of explosives
| 3.1. | Blasting explosives shall also comply with the following requirements: (a) the 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; (b) blasting explosives in cartridge form must transmit the detonation safely and reliably from one end of the train of cartridges to the other; (c) the 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. | |
| --- | --- | --- |
| 3.2. | Detonating cords, safety fuses, other fuses and shock tubes shall also comply with the following requirements: (a) the covering of detonating cords, safety fuses, other fuses and shock tubes must be of adequate mechanical strength and adequately protect the explosive filling when exposed to normal mechanical stress; (b) the parameters for the burning times of safety fuses must be indicated and must be reliably met; (c) detonating 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. | |
| --- | --- | --- |
| 3.3. | Detonators (including delay detonators) and relays shall also comply with the following requirements: (a) detonators must reliably initiate the detonation of the blasting explosives which are intended to be used with them under all foreseeable conditions of use; (b) delay connectors for detonating cords must be reliably initiated; (c) the initiation capability must not be adversely affected by humidity; (d) the 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) the electrical characteristics of electric detonators must be indicated on the packaging (e.g. no-fire current, resistance); (f) the 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. | |
| --- | --- | --- |
| 3.4. | Propellants and rocket propellants shall also comply with the following requirements: (a) these materials must not detonate when used for their intended purpose; (b) propellants where necessary (e.g. those based on nitrocellulose) must be stabilised against decomposition; (c) solid rocket propellants, when in compressed or cast form, must not contain any unintentional fissures or gas bubbles which dangerously affect their functioning. |
ANNEX III
CONFORMITY ASSESSMENT PROCEDURES
MODULE B
EU-type examination
| 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 assessment of the adequacy of the technical design of the explosive through examination of the technical documentation and supporting evidence referred to in point 3, plus examination of a specimen, representative of the production envisaged, of the complete product (combination of production type and design type). | |
| --- | --- | --- |
| 3. | The manufacturer shall lodge an application for EU-type examination with a single notified body of his choice. The application shall include: (a) the name and address of the manufacturer and, if the application is lodged by the authorised representative, his name and address as well; (b) a written declaration that the same application has not been lodged with any other notified body; (c) the technical documentation. The technical documentation shall make it possible to assess the explosive’s conformity with the applicable requirements of this Directive 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, the design, manufacture and operation of the explosive. The technical documentation shall contain wherever applicable, at least the following elements: (i) a general description of the explosive; (ii) conceptual design and manufacturing drawings and schemes of components, sub-assemblies, circuits, etc.; (iii) descriptions and explanations necessary for the understanding of those drawings and schemes and the operation of the explosive; (iv) a list of the harmonised standards applied in full or in part the references of which have been published in the Official Journal of the European Union and, where those harmonised standards have not been applied, descriptions of the solutions adopted to meet the essential safety requirements of this Directive, including a list of other relevant technical specifications applied. 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.; (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; (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 have not been applied in full. The supporting evidence shall include, where necessary, the results of tests carried out in accordance with other relevant technical specifications by the appropriate laboratory of the manufacturer, or by another testing laboratory on his behalf and under his responsibility. | |
| --- | --- | --- |
| 4. | The notified body shall: For the explosive: | |
| --- | --- | --- |
| 4.1. | examine the technical documentation and supporting evidence to assess the adequacy of the technical design of the explosive. For the specimen(s): | |
| --- | --- | --- |
| 4.2. | verify that the specimen(s) have been manufactured in conformity with the technical documentation and identify the elements which have been designed in accordance with the applicable provisions of the relevant harmonised standards, as well as the elements which have been designed in accordance with other relevant technical specifications; | |
| --- | --- | --- |
| 4.3. | carry out appropriate examinations and tests, or have them carried out, to check whether, where the manufacturer has chosen to apply the solutions in the relevant harmonised standards, these have been applied correctly; | |
| --- | --- | --- |
| 4.4. | carry out appropriate examinations and tests, or have them carried out, to check whether, where the solutions in the relevant harmonised standards have not been applied, the solutions adopted by the manufacturer applying other relevant technical specifications meet the corresponding essential safety requirements of this Directive; | |
| --- | --- | --- |
| 4.5. | agree with the manufacturer on a location where the examinations and tests will 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 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. | |
| --- | --- | --- |
| 6. | Where the type meets the requirements of this Directive that apply to the explosive concerned, the notified body shall issue an EU-type examination certificate to the manufacturer. That certificate shall contain the name and 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. The EU-type examination certificate may have one or more annexes attached. The EU-type examination certificate and its annexes shall contain all relevant information to allow the conformity of manufactured explosives 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. | |
| --- | --- | --- |
| 7. | The notified body shall keep itself apprised 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. The manufacturer shall inform the notified body that holds the technical documentation relating to the EU-type examination certificate of all modifications to the approved type that may affect the conformity of the explosive with the essential safety requirements of this Directive or the conditions for validity of that certificate. Such modifications shall require additional approval in the form of an addition to the original EU-type examination certificate. | |
| --- | --- | --- |
| 8. | Each notified body shall inform its notifying authority 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 authority the list of such certificates and/or any additions thereto refused, suspended or otherwise restricted. Each notified body shall inform the other notified bodies concerning the EU-type examination certificates and/or any additions thereto which it has refused, withdrawn, suspended or otherwise restricted, and, upon request, concerning such certificates and/or additions thereto which it has issued. The Commission, the Member States and the other notified bodies may, on request, obtain a copy of the EU-type examination certificates and/or additions thereto. 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 that certificate. | |
| --- | --- | --- |
| 9. | The manufacturer shall keep a copy of the EU-type examination certificate, its annexes and additions together with the technical documentation at the disposal of the national authorities for 10 years after the explosive has been placed on the market. | |
| --- | --- | --- |
| 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. |
MODULE C 2
Conformity to type based on internal production control plus supervised product checks at random intervals
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 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 described in the EU-type examination certificate and satisfy the requirements of this Directive that apply to them.
2. Manufacturing
The manufacturer shall take all measures necessary so that the manufacturing process and its monitoring ensure conformity of the manufactured explosives with the type described in the EU-type examination certificate and with the requirements of this Directive that apply to them.
3. Product checks
A notified body, chosen by the manufacturer, shall carry out product checks or have them carried out at random intervals determined by that body, in order to verify the 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 equivalent tests set out in other relevant technical specifications, 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 notified 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.
The manufacturer shall, under the responsibility of the notified body, affix the notified body’s identification number during the manufacturing process.
4. CE marking and EU declaration of conformity
| 4.1. | The manufacturer shall affix the CE marking to each individual explosive that is in conformity with the type described in the EU-type examination certificate and satisfies the applicable requirements of this Directive. | |
| --- | --- | --- |
| 4.2. | The manufacturer shall draw up a written EU declaration of conformity for each explosive type and keep it at the disposal of the national authorities for 10 years after the explosive has been placed on the market. The EU declaration of conformity shall identify the explosive type for which it has been drawn up. A copy of the EU declaration of conformity shall be made available to the relevant authorities upon request. |
5. Authorised representative
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.
MODULE D
Conformity to type based on quality assurance of the production process
Conformity to type based on quality assurance of the production process is the part of a conformity assessment procedure whereby the manufacturer fulfils the obligations laid down in points 2 and 5, and ensures and declares on his sole responsibility that the explosives concerned are in conformity with the type described in the EU-type examination certificate and satisfy the requirements of this Directive that apply to them.
2. Manufacturing
The manufacturer shall operate an approved quality system for production, final product inspection and testing of the explosives concerned 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 with the notified body of his choice, for the explosives concerned. The application shall include: (a) the name and address of the manufacturer and, if the application is lodged by the authorised representative, his name and address as well; (b) a written declaration that the same application has not been lodged with any other notified body; (c) all relevant information for the explosive category envisaged; (d) the documentation concerning the quality system; (e) the technical documentation of the approved type and a copy of the EU-type examination certificate. | |
| --- | --- | --- |
| 3.2. | The quality system shall ensure that the explosives are in conformity with the type described in the 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 shall be documented in a systematic and orderly manner in the form of written policies, procedures and instructions. The quality system documentation shall permit a consistent interpretation of the quality programmes, plans, manuals and records. It shall, in particular, contain an adequate description of: (a) the quality objectives and the organisational structure, responsibilities and powers of the management with regard to product quality; (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; (d) the quality records, such as inspection reports and test data, calibration data, qualification reports on the personnel concerned, etc.; (e) the means of monitoring the achievement of the required product quality 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 those requirements in respect of the elements of the quality system that comply with the corresponding specifications of the relevant harmonised standard. In addition to experience in quality management systems, the auditing team shall have at least one member with experience of evaluation in the relevant product field and product technology concerned, and knowledge of the applicable requirements of this Directive. The audit shall include an assessment visit to the manufacturer’s premises. The auditing team shall review the technical documentation referred to in point (e) of point 3.1 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 be notified to the manufacturer. The notification shall contain the conclusions of the audit 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 maintain it so that it remains adequate and efficient. | |
| --- | --- | --- |
| 3.5. | The manufacturer shall keep the notified body that has approved the quality system informed of any intended change to the quality system. The notified body shall evaluate any proposed changes and decide whether the modified quality system will continue to satisfy the requirements referred to in point 3.2 or whether a reassessment is necessary. It shall notify the manufacturer of its decision. 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, for assessment purposes, allow the notified body access to the manufacture, inspection, testing and storage sites and shall provide it with all necessary information, in particular: (a) the quality system documentation; (b) the quality records, such as inspection reports and test data, calibration data, qualification reports on the personnel concerned, etc. | |
| --- | --- | --- |
| 4.3. | The notified body shall carry out periodic audits to make sure that the manufacturer maintains and applies the quality system and shall provide the manufacturer with an audit report. | |
| --- | --- | --- |
| 4.4. | In addition, the notified body may pay unexpected 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. The notified body shall provide the manufacturer with a visit report and, if tests have been carried out, with a test report. |
5. CE marking and EU declaration of conformity
| 5.1. | The manufacturer shall affix the CE marking, and, under the responsibility of the notified body referred to in point 3.1, the latter’s identification number to each individual explosive that is in conformity with the type described in the EU-type examination certificate and satisfies the applicable requirements of this Directive. | |
| --- | --- | --- |
| 5.2. | The manufacturer shall draw up a written EU declaration of conformity for each explosive type and keep it at the disposal of the national authorities for 10 years after the explosive has been placed on the market. The EU declaration of conformity shall identify the explosive type for which it has been drawn up. A copy of the EU declaration of conformity shall be made available to the relevant authorities upon request. |
The manufacturer shall, for a period ending 10 years after the explosive has been placed on the market, keep at the disposal of the national authorities:
- (a) the documentation referred to in point 3.1;
- (b) the information relating to the change referred to in point 3.5, as approved;
- (c) the decisions and reports of the notified body referred to in points 3.5, 4.3 and 4.4.
Each notified body shall inform its notifying authority of quality system approvals issued or withdrawn, and shall, periodically or upon request, make available to its notifying authority the list of quality system approvals refused, suspended or otherwise restricted.
Each notified body shall inform the other notified bodies of quality system approvals which it has refused, suspended, withdrawn or otherwise restricted, and, upon request, of quality system approvals which it has issued.
8. Authorised representative
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.
MODULE E
Conformity to type based on product quality assurance
Conformity to type based on product quality assurance is that part of a conformity assessment procedure whereby the manufacturer fulfils the obligations laid down in points 2 and 5, and ensures and declares on his sole responsibility that the explosives concerned are in conformity with the type described in the EU-type examination certificate and satisfy the requirements of this Directive that apply to them.
2. Manufacturing
The manufacturer shall operate an approved quality system for final product inspection and testing of the explosives concerned 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 with the notified body of his choice, for the explosives concerned. The application shall include: (a) the name and address of the manufacturer and, if the application is lodged by the authorised representative, his name and address as well; (b) a written declaration that the same application has not been lodged with any other notified body; (c) all relevant information for the explosive category envisaged; (d) the documentation concerning the quality system; (e) the technical documentation of the approved type and a copy of the EU-type examination certificate. | |
| --- | --- | --- |
| 3.2. | The quality system shall ensure compliance of the explosives with the type described in the EU-type examination certificate and with the applicable requirements of this 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 permit a consistent interpretation of the quality programmes, plans, manuals and records. It shall, in particular, contain an adequate description of: (a) the quality objectives and the organisational structure, responsibilities and powers of the management with regard to product quality; (b) the examinations and tests that will be carried out after manufacture; (c) the quality records, such as inspection reports and test data, calibration data, qualification reports on the personnel concerned, etc.; (d) the means of monitoring 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 those requirements in respect of the elements of the quality system that comply with the corresponding specifications of relevant harmonised standard. In addition to experience in quality management systems, the auditing team shall have at least one member with experience of evaluation in the relevant product field and product technology concerned, and knowledge of the applicable requirements of this Directive. The audit shall include an assessment visit to the manufacturer’s premises. 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 be notified to the manufacturer. The notification shall contain the conclusions of the audit 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 maintain it so that it remains adequate and efficient. | |
| --- | --- | --- |
| 3.5. | The manufacturer shall keep the notified body that has approved the quality system informed of any intended change to the quality system. The notified body shall evaluate any proposed changes and decide whether the modified quality system will continue to satisfy the requirements referred to in point 3.2 or whether a reassessment is necessary. It shall notify the manufacturer of its decision. 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, for assessment purposes, allow the notified body access to the manufacture, inspection, testing and storage sites and shall provide it with all necessary information, in particular: (a) the quality system documentation; (b) the quality records, such as inspection reports and test data, calibration data, qualification reports on the personnel concerned, etc. | |
| --- | --- | --- |
| 4.3. | The notified body shall carry out periodic audits to make sure that the manufacturer maintains and applies the quality system and shall provide the manufacturer with an audit report. | |
| --- | --- | --- |
| 4.4. | In addition, the notified body may pay unexpected 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. The notified body shall provide the manufacturer with a visit report and, if tests have been carried out, with a test report. |
5. CE marking and EU declaration of conformity
| 5.1. | The manufacturer shall affix the CE marking, and, under the responsibility of the notified body referred to in point 3.1, the latter’s identification number to each individual explosive that is in conformity with the type described in the EU-type examination certificate and satisfies the applicable requirements of this Directive. | |
| --- | --- | --- |
| 5.2. | The manufacturer shall draw up a written EU declaration of conformity for each explosive type and keep it at the disposal of the national authorities for 10 years after the explosive has been placed on the market. The EU declaration of conformity shall identify the explosive type for which it has been drawn up. A copy of the EU declaration of conformity shall be made available to the relevant authorities upon request. |
The manufacturer shall, for a period ending 10 years after the explosive has been placed on the market, keep at the disposal of the national authorities:
- (a) the documentation referred to in point 3.1;
- (b) the information relating to the change referred to in point 3.5, as approved;
- (c) the decisions and reports of the notified body referred to in points 3.5, 4.3 and 4.4.
Each notified body shall inform its notifying authority of quality system approvals issued or withdrawn, and shall, periodically or upon request, make available to its notifying authority the list of quality system approvals refused, suspended or otherwise restricted.
Each notified body shall inform the other notified bodies of quality system approvals which it has refused, suspended or withdrawn, and, upon request, of quality system approvals which it has issued.
8. Authorised representative
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.
MODULE F
Conformity to type based on product verification
Conformity to type based on product verification is the part of a conformity assessment procedure whereby the manufacturer 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 subject to the provisions of point 3, are in conformity with the type described in the EU-type examination certificate and satisfy the requirements of this Directive that apply to them.
2. Manufacturing
The manufacturer shall take all measures necessary so that the manufacturing process and its monitoring ensure conformity of the manufactured explosives with the approved type described in the EU-type examination certificate and with the requirements of this Directive that apply to them.
3. Verification
A notified body chosen by the manufacturer shall carry out appropriate examinations and tests in order to check the conformity of the explosives with the approved type described in the EU-type examination certificate and with the appropriate requirements of this Directive.
The examinations and tests to check the conformity of the explosives with the appropriate requirements shall be carried out, at the choice of the manufacturer, either by examination and testing of every product as specified in point 4 or by examination and testing of the explosives on a statistical basis as specified in point 5.
4. Verification of conformity by examination and testing of every product
| 4.1. | All explosives shall be individually examined and appropriate tests set out in the relevant harmonised standard(s) and/or equivalent tests set out in other relevant technical specifications shall be carried out in order to verify conformity with the approved type described in the EU-type examination certificate and with the appropriate requirements of this Directive. In the absence of such a harmonised standard, the notified body concerned shall decide on the appropriate tests to be carried out. | |
| --- | --- | --- |
| 4.2. | 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 each approved explosive or have it affixed under its responsibility. 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. |
5. Statistical verification of conformity
| 5.1. | 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 explosives for verification in the form of homogeneous lots. | |
| --- | --- | --- |
| 5.2. | A random sample shall be taken from each lot. All explosives in a sample shall be individually examined and appropriate tests set out in the relevant harmonised standard(s) and/or equivalent tests set out in other relevant technical specifications, shall be carried out in order to verify their conformity with the approved type described in the EU-type examination certificate and 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 explosives of the lot shall be considered approved, except for those explosives 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 explosive 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 the placing on the market of that lot. In the event of the frequent rejection of lots the notified body may suspend the statistical verification and take appropriate measures. |
6. CE marking and EU declaration of conformity
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