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.
| 6.1. | The manufacturer shall affix the CE marking, and, under the responsibility of the notified body referred to in point 3, the latter’s identification number to each individual explosive that is in conformity with the approved type described in the EU-type examination certificate and satisfies the applicable requirements of this Directive. | |
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| 6.2. | 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. If the notified body referred to in point 3 agrees and under its responsibility, the manufacturer may also affix the notified body’s identification number to the explosives. If the notified body agrees and under its responsibility, the manufacturer may affix the notified body’s identification number to the explosives during the manufacturing process. |
7. Authorised representative
The manufacturer’s obligations may be fulfilled by his authorised representative, on his behalf and under his responsibility, provided that they are specified in the mandate. An authorised representative may not fulfil the manufacturer’s obligations set out in points 2 and 5.1.
MODULE G
Conformity based on unit verification
Conformity based on unit verification is the conformity assessment procedure whereby the manufacturer fulfils the obligations laid down in points 2, 3 and 5, and ensures and declares on his sole responsibility that the explosive concerned, which has been subject to the provisions of point 4, is in conformity with the requirements of this Directive that apply to it.
2. Technical documentation
| 2.1. | The manufacturer shall establish the technical documentation and make it available to the notified body referred to in point 4. The documentation shall make it possible to assess the explosive’s conformity with the relevant requirements, 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, wherever applicable, contain at least the following elements: (a) a general description of the explosive; (b) conceptual design and manufacturing drawings and schemes of components, sub-assemblies, circuits, etc.; (c) descriptions and explanations necessary for the understanding of those drawings and schemes and the operation of the explosive; (d) 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 case of partly applied harmonised standards, the technical documentation shall specify the parts which have been applied; (e) results of design calculations made, examinations carried out, etc., and (f) test reports. | |
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| 2.2. | The manufacturer shall keep the technical documentation at the disposal of the relevant national authorities for 10 years after the explosive has been placed on the market. |
3. Manufacturing
The manufacturer shall take all measures necessary so that the manufacturing process and its monitoring ensure conformity of the manufactured explosive with the applicable requirements of this Directive.
4. Verification
A notified body chosen by the manufacturer shall carry out appropriate examinations and tests, set out in the relevant harmonised standards and/or equivalent tests set out in other relevant technical specifications, to check the conformity of the explosive with the applicable requirements of this Directive, or have them carried out. In the absence of such a harmonised standard the notified body concerned shall decide on the appropriate tests to be carried out.
The notified body shall issue a certificate of conformity in respect of the examinations and tests carried out and shall affix its identification number to the approved 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. 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 4, the latter’s identification number to each explosive that satisfies the applicable requirements of this Directive. | |
| --- | --- | --- |
| 5.2. | The manufacturer shall draw up a written EU declaration of conformity and keep it at the disposal of the national authorities for 10 years after the explosive has been placed on the market. The EU declaration of conformity shall identify the explosive 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. |
6. Authorised representative
The manufacturer’s obligations set out in points 2.2 and 5 may be fulfilled by his authorised representative, on his behalf and under his responsibility, provided that they are specified in the mandate.
ANNEX IV
EU DECLARATION OF CONFORMITY (No XXXX) [^ntr1-L_2014096EN.01003901-E0001]
| 1. | No … (product, type, batch or serial number): | |
| --- | --- | --- |
| 2. | Name and address of the manufacturer and, where applicable, his authorised representative: | |
| --- | --- | --- |
| 3. | This declaration of conformity is issued under the sole responsibility of the manufacturer. | |
| --- | --- | --- |
| 4. | Object of the declaration (identification of product allowing traceability): | |
| --- | --- | --- |
| 5. | The object of the declaration described above is in conformity with the relevant Union harmonisation legislation: | |
| --- | --- | --- |
| 6. | References to the relevant harmonised standards used or references to the other technical specifications in relation to which conformity is declared: | |
| --- | --- | --- |
| 7. | The notified body … (name, number) performed … (description of intervention) and issued the certificate: | |
| --- | --- | --- |
| 8. | Additional information: Signed for and on behalf of: (place and date of issue): (name, function) (signature): |
[^ntr1-L_2014096EN.01003901-E0001]: It is optional for the manufacturer to assign a number to the declaration of conformity.
ANNEX V
PART A
Repealed Directives with list of the successive amendments thereto
(referred to in Article 53)
| Council Directive 93/15/EEC (OJ L 121, 15.5.1993, p. 20). | |
| Regulation (EC) No 1882/2003 of the European Parliament and of the Council (OJ L 284, 31.10.2003, p. 1). | Only point (13) of Annex II |
| Regulation (EC) No 219/2009 of the European Parliament and of the Council (OJ L 87, 31.3.2009, p. 109). | Only point 2.2 of the Annex |
| Regulation (EU) No 1025/2012 of the European Parliament and of the Council (OJ L 316, 14.11.2012, p. 12). | Only point (b) of Article 26(1) |
| Commission Directive 2004/57/EC (OJ L 127, 29.4.2004, p. 73). |
PART B
Time-limits for transposition into national law and dates of application
(referred to in Article 53)
| Directive | Time-limit for transposition | Date of application |
|---|---|---|
| 93/15/EEC (Articles 9, 10, 11, 12, 13 and 14) | 30 September 1993 | 30 September 1993 |
| 93/15/EEC (all other articles) | 30 June 1994 | 1 January 1995 |
| 2004/57/EC | 31 December 2004 | 31 January 2005 |
ANNEX VI
CORRELATION TABLE
| Directive 93/15/EEC | Directive 2004/57/EC | This Directive |
|---|---|---|
| Article 1(1) | Article 1(1) | |
| Article 1(2) | Article 2(1) | |
| Article 1(3) | Article 1(2) | |
| Article 1(4) | Article 2(3) to (6), (8), (13) and (14) | |
| — | Article 2(2), (7), (9) to (12) and (15) to (24) | |
| Article 1(5) | Article 1(3) | |
| Article 2(1) | Article 3 | |
| Article 2(2) | Article 4 | |
| Article 2(3) | Article 22 | |
| Article 3 | Article 4 and Article 5(1) | |
| — | Article 5(2) to (8) | |
| — | Article 6 | |
| — | Article 7 | |
| — | Article 8 | |
| — | Article 9 | |
| Article 10 | ||
| Article 4(1) | Article 19 | |
| Article 4(2) | — | |
| Article 5 | Article 43(3) | |
| Article 6(1) | Article 20 | |
| — | Article 21 | |
| — | Articles 24 to 27 | |
| Article 6(2) | Articles 28 to 40 | |
| Article 7(1) | Articles 22 and 23 | |
| Article 7(2) | Article 22 | |
| Article 7(3) | Article 22 | |
| — | Article 41 | |
| Article 8(1) | Articles 42 and 44 | |
| Article 8(2) | Article 43 | |
| Article 8(3) | Article 45 | |
| Article 9(1) | Article 11(1) | |
| Article 9(2) | — | |
| Article 9(3) | Article 11(2) | |
| Article 9(4) | Article 11(3) | |
| Article 9(5) | Article 11(4) | |
| Article 9(6) | Article 11(6) | |
| Article 9(7) | Article 11(5) | |
| Article 9(8) | Article 11(7) | |
| Article 9(9) | Article 11(8) | |
| Article 10(1) | Article 12(1) | |
| Article 10(2) | Article 12(2) | |
| Article 10(3) | Article 12(3) | |
| Article 10(4) | Article 12(4) | |
| Article 10(5) | Article 12(5) | |
| Article 11 | Article 13 | |
| Article 12(1) | Article 14(1) | |
| Article 12(2) | Article 14(2) | |
| Article 13(1) | Article 49(1) | |
| Article 13(2) | — | |
| Article 13(3) | Articles 46 and 47 | |
| — | Article 48 | |
| Article 13(4) | Article 49(2) to (5) | |
| Article 13(5) | Articles 46 and 47 | |
| Article 14, first paragraph | Article 16 | |
| Article 14, second paragraph | Article 15(1) and (4) | |
| Article 14, third paragraph | Article 15(2) and (4) | |
| Article 14, fourth paragraph | Article 15(3) | |
| Article 15 | — | |
| Article 16 | Article 17 | |
| Article 17 | Article 50 | |
| Article 18 | Article 18 | |
| Article 19 | Articles 51 and 52 | |
| — | Article 53 | |
| — | Article 54 | |
| Article 20 | Article 55 | |
| Article 1 | — | |
| Article 2 | — | |
| Article 3 | — | |
| Article 4 | — | |
| Article 5 | — | |
| Annex I | Annex I | |
| Annex II | — | |
| Annex I | Annex II | |
| Annex II | Annex III | |
| Annex III | Article 28 | |
| Annex IV | Article 22 | |
| — | Annex IV | |
| — | Annex V | |
| — | Annex VI |
The European Parliament considers that only when and in so far as implementing acts in the sense of Regulation (EU) No 182/2011 are discussed in meetings of committees, can the latter be considered as ‘comitology committees’ within the meaning of Annex I to the Framework Agreement on the relations between the European Parliament and the European Commission. Meetings of committees thus fall within the scope of point 15 of the Framework Agreement when and insofar as other issues are discussed.
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