S.I. No. 546/2005 - European Communities (Placing on the Market and Supervision of Explosives for Civil Uses) (Amendment) Regulations 2005

STATUTORY INSTRUMENTS

S.I. No. 546 OF 2005

European Communities (Placing on the Market and Supervision of Explosives for Civil Uses) (Amendment) Regulations 2005

European Communities (Placing on the Market and Supervision of Explosives for Civil Uses) (Amendment) Regulations 2005

I, Michael McDowell, Minister for Justice, Equality and Law Reform, 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 Commission Directive 2004/57/EC¹ of 23 April 2004 on the identification of pyrotechnic articles and certain ammunition for the purposes of Council Directive 93/15/EEC² on the harmonisation of the provisions relating to the placing on the market and supervision of explosives for civil purposes, hereby make the following regulations:

1.        These Regulations may be cited as the European Communities (Placing on the Market and Supervision of Explosives for Civil Uses) (Amendment) Regulations 2005.

2.        Regulation 3 of the European Communities (Placing on the Market and Supervision of Explosives for Civil Uses) Regulations 1995 ( S.I. No. 115 of 1995 ) is amended by -

(a)        the substitution in paragraph (2) of-

(i)        the following subparagraph for subparagraph (a):

“(a)    ammunition -

(i)       listed in Annex I of the Commission Directive,

or

(ii)      the acquisition and possession of which is regulated or prohibited under the European Communities (Acquisition and Possession of Weapons and Ammunition) Regulations 1993 ( S.I. No. 362 of 1993 ); or”, and

(iii)      the following subparagraph for subparagraph

(c):

“(c)       a pyrotechnic article listed in Annex I of the Commission Directive, or an article to which Annex II of the Commission Directive applies; or”, and

(b)        the insertion of the following paragraph:

“(4)  In this Regulation ‘Commission Directive’ means Commission Directive 2004/57/EC of 23 April 2004 on the identification of pyrotechnic articles and certain ammunition for the purposes of Council Directive 93/15/EEC on the harmonisation of the provisions relating to the placing on the market and supervision of explosives for civil purposes.”.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation)

These Regulations amend S.I. 115 of 1995 to give effect to Commission Directive 2004/57/EC on the identification of pyrotechnic articles and certain ammunition. They provide that Regulations 4 to 9 of S.I. 115 of 1995 shall not apply with respect to pyrotechnic articles and certain ammunition specified in the 2004 Directive.

¹ OJ No.L127 of 29.4.2004, p73

² OJ No.L121 of 15.3.1993, p20