S.I. No. 115/1995 - European Communities (Placing on The Market and Supervision of Explosives For Civil Uses) Regulations, 1995.

I, NORA OWEN, Minister for Justice, in exercise of the powers conferred on me by section 3 of the European Communities Act, 1972 (No. 27 of 1972) and for the purpose of giving effect to Council Directive 93/15/EEC⁽¹⁾ of 5 April, 1993 hereby make the following Regulations:

1 Citation and Commencement.

1. These Regulations may be cited as the European Communities (Placing on the Market and Supervision of Explosives for Civil Uses) Regulations, 1995 and shall come into force on 1 July, 1995.

2 Interpretation.

2. (1) In these Regulations:—

"United Nations Recommendations", "safety", "security", "approval", "undertaking in the explosives sector", "placing on the market" and "transfer", have the meanings given by Article 1 of the Directive.

(2) In these Regulations:

"authorised Officer" means a member of the Garda Síochána, Customs Officer, Officer of a local authority or Government Inspector of Explosives;

"the CE Mark" means the marking referred to in Regulation 7;

"the Commission" means the Commission of the European Communities;

"the Directive" means Council Directive 93/15/EEC of 5 April, 1993 on the harmonization of the provisions relating to the placing on the market and supervision of explosives for civil uses;

"the essential safety requirements" means the requirements listed in Schedule 1 to these Regulations;

⁽¹⁾O.J. No. L121/20 of 15.5.1993.

"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;

"explosive article" means an article containing one or more explosive substances;

"explosive substance" means:—

( a ) a solid or liquid substance, or

( b ) a mixture of solid 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 injury or damage to surroundings;

"harmonised standard" means a text setting out technical specifications adopted by the European Committee for Standardisation (CEN) under a mandate from the Commission in accordance with Council Directive 83/189/EEC⁽²⁾ of 28 March, 1983 laying down a procedure for the provision of information in the field of technical standards and regulations;

"internal transfer" means a transfer which takes place entirely within the State;

"the Minister" means the Minister for Justice;

"notified body" means a body notified to the Commission by a Member State pursuant to Article 6.2 of the Directive;

"pyrotechnic article" means an article which contains one or more pyrotechnic substances but no explosive substances;

"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;

"recipient competent authority" means:—

⁽²⁾O.J. No. L109/8 of 26.4.1983.

( a ) in respect of transfers into the State, the Minister for Justice,

( b ) in respect of internal transfers, the Superintendent (or an Inspector acting on his behalf) of the Garda Síochána for the district where the transfer will terminate, and

( c ) in the case of any other transfer, the competent authority of the Member State in which the transfer will terminate;

"recipient competent authority document" in relation to a transfer, means the approval document authorising the transfer and issued by the recipient competent authority.

3 Application.

3. (1) Subject to paragraph (2) these Regulations shall apply to all explosives.

(2) Regulations 4 to 9 shall not apply to:—

( a ) ammunition the acquisition and possession of which is regulated or prohibited by virtue of the European Communities (Acquisition and Possession of Weapons and Ammunition) Regulations, 1993 (S.I. 362 of 1993); or

( b ) any explosives which it is shown are intended for lawful use by the armed forces or police of any country; or

( c ) a pyrotechnic article; or

( d ) an explosive which is used immediately at the place of manufacture; or

( e ) any explosives in an article containing one or more explosive substances and intended for use as a life saving device in a mechanically propelled vehicle.

(3) Regulations 4 to 9 shall not apply in respect of the transfer of explosives to, by or on behalf of, or where, following the transfer, the explosives are in the possession of:—

( a ) a person exercising a power of seizure under Section 74 of the Explosives Act, 1875; or

( b ) a member of the Garda Síochána acting in the execution of his duties; or

( c ) a customs officer acting in the performance of his functions;

or

( d ) an explosive ordnance disposal officer of the Permanent Defence Forces acting in aid of the civil power; or

( e ) an Explosives Inspector appointed under Section 53 of the Explosives Act, 1875.

4 Placing on the Market of Explosives.

4. (1) No person shall place any explosives on the market unless:—

( a ) the explosives satisfy such of the essential safety requirements as apply to those explosives; and

( b ) the conformity of the explosives to the requirements of these Regulations has been attested in accordance with Regulation 5; and

( c ) the CE mark has been affixed to the explosives in accordance with Regulation 7; and

( d ) the explosives are properly marked.

(2) For the purposes of paragraph (1), explosives shall be treated as satisfying the essential safety requirements if they conform to any relevant national standard.

(3) For the purposes of this regulation, "national standard" means a standard of a member State:—

( a ) which transposes a relevant harmonised standard; and

( b ) the reference number of which has been published by that member State pursuant to Article 4.1 of the Directive.

5 Attestation of the Conformity of Explosives.

5. For the purpose of Regulation 4 (1) (b), the procedure for attesting conformity of explosives to the requirements of these Regulations shall be either:—

( a ) EC type examination (Module B) referred to in Annex II (1) of the Directive together with:—

(i) type conformity (Module C) referred to in Annex II (2) of the Directive, or

(ii) production quality assurance (Module D) referred to in Annex II (3) of the Directive, or

(iii) product quality assurance (Module E) referred to in Annex II (4) of the Directive, or

(iv) product verification (Module F) referred to in Annex II (5) of the Directive; or

( b ) Unit Verification (Module G) referred to in Annex II (6) of the Directive.

6 Notified Bodies.

6. (1) The Minister may appoint from time to time in writing such qualified bodies as he considers fit to be notified bodies for the purposes of these Regulations.

(2) An appointment under these Regulations may relate to all or any description or class of explosives, may be subject to conditions or to limit of time, and may be revoked in writing at any time.

(3) For the purposes of this Regulation a body is qualified if it meets the criteria set out in Annex III of the Directive (minimum criteria to be taken into account by Member States for the notification of bodies) or if it meets the assessment criteria laid down by a relevant harmonised standard.

(4) The Minister shall revoke the appointment of any body appointed under paragraph (1) of this Regulation if it appears to the Minister that the body is no longer qualified.

(5) A body appointed by the Minister under this regulation, after agreeing with the applicant any fee in respect of the work to be undertaken by it, shall perform the functions of a notified body under the Directive.

7 CE Mark.

7. (1) For the purposes of Regulation 4 (1) (c), the CE Mark is properly affixed if:—

( a ) it is of such a durable nature that it will remain visible, easily legible and indelible during normal transport and storage; and

( b ) it is affixed to the explosives themselves or, if this is not possible, on an identification plate which is attached to the explosives and so designed as to make its re-use impossible or,if neither of those methods can be used, it is affixed on the packaging; and

( c ) In the case of explosives subject to any other Directives already implemented, the requirements imposed by virtue of those Directives have also been complied with in respect of those explosives.

(2) The CE Mark shall be in the form shown in Schedule 2.

(3) No person shall affix to any explosives the CE Mark or any marking or inscription which is liable to be confused with the CE Mark except by properly affixing the CE Mark to explosives which satisfy the requirements of sub-paragraphs (a) and (b) of paragraph (1) of Regulation 4.

(4) Where the Minister is satisfied that the CE Mark has been affixed to explosives but that the explosives do not satisfy the requirements of sub-paragraphs (a) and (b) of paragraph (1) of regulation 4, the Minister shall serve notice in writing requiring the person on whom it is served to take such measures as are necessary to ensure that the explosives do satisfy the requirements of those sub-paragraphs.

(5) Where the Minister is satisfied that explosives in respect of which a notice has been served in accordance with paragraph (4) continue not to satisfy the requirements of sub-paragraphs (a) and (b) of paragraph (1) of regulation 4, the Minister shall serve notice in writing requiring the person on whom it is served to take such measures as are necessary to ensure that those explosives are withdrawn from the market.

(6) Where the Minister is satisfied that explosives to which the CE Mark has been afixed may compromise safety when being used for their intended purpose, the Minister shall serve notice in writing requiring the person on whom it is served to take such measures as are necessary to ensure that those explosives are withdrawn from the market.

(7) A notice referred to in paragraph (4) or paragraph (5) may be served on:—

( a ) the manufacturer of the explosives or any person acting as agent for the manufacturer; or

( b ) the person responsible for placing the explosives on the market.

(8) A notice referred to in sub-paragraph (6) may be served on any person the Minister has reasonable grounds for believing is in a position to take the measures specified in the notice.

(9) A notice may be subject to conditions and will have immediate effect.

8 Transfer of Explosives.

8. (1) No explosives may be transferred within the State (whether by way of export, import or internal transfer) except under the authority of a recipient competent authority document; and, notwithstanding the provisions of the Control of Exports Order, 1982 ( S.I. No. 405 of 1983 ), the only authority pursuant to which explosives may be exported from the State to another Member State shall be that given by a recipient competent authority document.

(2) Before any explosives are transferred by way of:

( a ) import into the State, or

( b ) internal transfer,

the consignee shall make to the recipient competent authority an application for approval of the transfer; and any such approval shall be given in the form of a recipient competent authority document.

(3) No explosives may be transferred by way of export from the State unless the consignore provides the Minister with—

( a ) a copy of the recipient competent authority document; and

( b ) any other information which the Minister may reasonably require with respect to the exportation.

(4) No explosives may be transferred by way of internal transfer unless the consignor is satisfied that a recipient competent authority document has been issued with respect to the transfer.

(5) At all times while explosives are being transferred within the State, (whether by way of import, export or internal transfer) the carrier shall ensure that the explosives are accompanied by the recipient competent authority document.

(6) For a period of 3 years after the completion of the transfer, the consignee of any explosives transferred by way of import into the State or internal transfer shall retain the recipient competent authority document and shall produce it on request to any authorised officer.

(7) For a period of 3 years after they are consigned, the consignor of any explosives transferred by way of export from the State or internal transfer shall keep a record of the type and quantity of explosives transferred, the date of the transfer and the name and address of the consignee and shall produce the record on request to any authorised officer.

9 Approvals of Transfers.

9. (1) A consignee making an application for approval under Regulation 8 (2) shall provide to the recipient competent authority such information in support of the application as the authority may reasonably require.

(2) If the recipient competent authority is not satisfied with respect to—

( a ) the information provided in support of an application for an approval under Regulation 8 (2), or

( b ) the conditions under which a transfer for which such an approval is sought might take place, having regard in particular to any special security requirements,

the recipient competent authority may refuse to give the approval.

(3) An approval given under Regulations 8 (2)—

( a ) may relate to a specific transfer or to a number of transfers:

( b ) may be limited to a specific period; and

( c ) may, if the recipient competent authority considers it necessary to do so, be amended or revoked by notice in writing given to the consignee.

(4) A recipient competent authority document issued pursuant to an approval under Regulation 8 (2) may include such special provisions as may be required by the Gardaí in the interests of security and administrative efficiency.

10 Licences for Explosives Manufacture.

10. When a licence is issued for the purpose of allowing an explosives manufacturing activity to be exercised in the State, the Minister (or a person acting on his behalf) shall check, in particular, that the persons responsible are capable of complying with the technical commitments they assume.

11 Saving.

11. Until 31st December 2002, it shall be sufficient compliance with Regulation 4 if any explosives comply with any requirements of the relevant statutory and administrative provisions to which they would have been subject on 31st December 1994.

12 Penalties.

12. (1) A person who contravenes any provisions of these Regulations shall, without prejudice to any liability under the Explosives Act 1875, be guilty of an offence under these Regulations.

(2) A person who is guilty of an offence under these Regulations shall be liable on summary conviction to a fine not exceeding £1,000 or imprisonment for a term not exceeding 12 months or both.

(3) An authorised officer may seize any explosives if there is sufficient evidence that the explosives will be illictly acquired, used or dealt in.

13 Revocations.

13. (1) Order in Council (No. 10) dated 27th November 1875, is hereby revoked.

(2) The Sale of Explosives Order, 1955 ( S.I. No. 43 of 1955 ) is hereby revoked except in so far as it applies to substances which are deemed to be explosives, within the meaning of the Explosives Act, 1875, by virtue of—

( a ) the Explosives (Ammonium Nitrate and Sodium Chlorate) Order, 1972 ( S.I. No. 191 of 1972 );

( b ) the Explosives (Nitro-Benzene) Order, 1972 ( S.I. No. 233 of 1972 ); or

( c ) the Explosives (Potassium Nitrate and Sodium Nitrate) Order, 1986 ( S.I. No. 273 of 1986 ).

SCHEDULE 1.

Regulation 2(2).

ESSENTIAL SAFETY REQUIREMENTS.

General Requirements.

1. (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 applying until such time as 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.

Special Requirements.

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

( a ) Construction and characteristic properties, including chemical composition, degree of blending 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 ) Compatability 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. environment endangered by firedamp, hot masses, etc.) 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 in the official language or languages of the recipient member State.

( l ) The ability of the explosive, its covering 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.

2. The various groups of explosives must at least also comply with the following requirements:

A. Blasting Explosives.

( 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 power, 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 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 conditions.

B. Detonating cords, safety fuses, igniter cords and shock tubes.

( a ) The covering of detonating cords, safety fuses and igniter cords 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.

C. Detonators (including delay detonators) and relays

( 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 ) Relays must be capable of being 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, etc.)

( 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.

D. Propellants and rocket propellants.

( 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.

SCHEDULE 2.

Regulation 7.

CONFORMITY MARK.

The CE conformity mark shall consist of the initials 'CE' taking the following form:

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

GIVEN under my Official Seal, this 2nd day of May, 1995.

NORA OWEN,

Minister for Justice.

EXPLANATORY NOTE.

These Regulations give effect to Council Directive 93/15/EEC (with the exception of Articles 10 and 11) on the harmonization of the provisions relating to the placing on the market and supervision of explosives for civil uses. Articles 10 and 11 (which deal with transfers of Ammunition) are implemented in S.I. No. 362 of 1993 which gives effect to Council Directive 91/477/EEC on the control of the acquisition and possession of weapons.

The Regulations prohibit any person from placing any explosives on the market unless they satisfy essential safety requirements, have been subject to conformity assessment procedure and have had the CE Mark affixed to them.

The Regulations also establish a system for the supervisions of transfers of explosives whether by way of export, import or internal transfer i.e. no explosives may be transferred except under the authority of a recipient competent authority document.

In addition, the Regulations require the Minister to establish that a licensed manufacturer of explosives is capable of complying with the technical commitments assumed.