S.I. No. 449/1994 - Import of Explosives Order, 1994.

S.I. No. 449 of 1994.

IMPORT OF EXPLOSIVES ORDER, 1994.

The Government, in exercise of the powers conferred on them by section 43 of the Explosives Act, 1875, as adapted, hereby order as follows:—

1. (1) This Order may be cited as the Import of Explosives Order, 1994.

(2) This Order shall come into operation on the 30 day of December, 1994.

2. The Interpretation Act, 1937 (No. 38 of 1937) applies to this Order.

3. (1) This Order applies to all explosives except—

( a ) those in pyrotechnic articles;

( b ) those in articles containing one or more explosive substances and intended for use as life saving devices in motor vehicles;

( c ) acetylene;

( d ) nitro-benzene;

( e ) substances to which the Explosives (Ammonium Nitrate and Sodium Chlorate) Order, 1972 applies;

and

( f ) substances to which the Explosives (Potassium Nitrate and Sodium Nitrate) Order, 1986 applies.

(2) In this Order:—

( a ) "explosives" means the substances and articles considered to be such in the United Nations recommendations on the transport of dangerous goods and falling within Class 1 of those recommendations;

( b ) "explosive substance" means:—

(i) a solid or liquid substance, or

(ii) a mixture of solids or liquid substances or both,

which is capable by chemical reaction in itself of producing gas at such a temperature and pressure and at such a speed as could cause damage to surroundings;

( c ) "pyrotechnic article" means an article which contains one or more pyrotechnic substances but no explosive substances; and

( d ) "pyrotechnic substance" means a substance or a mixture of substances designed to produce an effect by heat, light, sound, gas or smoke or a combination of these as the result of non-detonative self sustaining exothermic chemical reactions.

4. No person shall import into the State any explosive to which this Order applies unless the explosive—

( a ) is classified for transport by the appropriate official authority of the country of manufacture, in accordance with the United Nations Scheme for the classification of explosives as set out in the eighth revised edition of the Recommendations prepared by the United Nations Committee of Experts on the Transport of Dangerous Goods published in New York in 1993 on behalf of the United Nations by the International Regulations Publishing and Distributing Organisation¹ or a later edition which shall be in substitution for and not an alternative to the eighth revised edition; and

( b ) conforms in composition, character and quality to the description of the explosive in a certificate of authorisation which is issued by the appropriate official authority in the country of manufacture and specifies the use or application for which the explosive is to be placed on the market; and

( c ) has such security markings as may be directed by the Garda Síochána.

¹ISBN 92-1-139042-7

GIVEN under the Official Seal of the Government, this 20th day

of December, 1994.

JOHN BRUTON,

Taoiseach.

EXPLANATORY NOTE.

This Order prohibits the importation of explosives into the State if the explosives do not meet required standards of classification, composition, character and quality.