Legal act: 
Directive 2014/28/EU

Consolidated act:
29/03/2014 (Languages available: CS, MT)

Scope

This Directive shall apply to explosives for civil uses. The ‘explosives’ are defined as materials and articles considered to be explosives in the United Nations recommendations on the transport of dangerous goods and falling within Class 1 of those recommendations.

This Directive shall not apply to:

1. explosives, including ammunition, intended for use, in accordance with national law, by the armed forces or the police;
2. pyrotechnic articles falling within the scope of Directive 2013/29/EU;
3. ammunition, save as provided for in Articles 12, 13 and 14.

Annex I contains a non-exhaustive list of pyrotechnic articles and ammunition referred to in point (b) of this paragraph and in point 2 of Article 2 respectively identified following the United Nations recommendations on the transport of dangerous goods.

This Directive shall not prevent Member States from designating certain substances not covered by this Directive as explosives under national laws or regulations.

Definitions

Making available on the market means any supply of an explosive for distribution or use on the Union market in the course of a commercial activity, whether in return for payment or free of charge.

Placing on the market means the first making available of an explosive on the Union market.

Importer means any natural or legal person established within the Union who places an explosive from a third country on the Union market.

Distributor means any natural or legal person in the supply chain, other than the manufacturer or the importer, who makes an explosive available on the market.

Withdrawal means any measure aimed at preventing an explosive in the supply chain from being made available on the market.

Article 21 - EU declaration of conformity

1. The EU declaration of conformity shall state that the fulfilment of the essential safety requirements set out in Annex II has been demonstrated.
2. The EU declaration of conformity shall have the model structure set out in Annex IV, shall contain the elements specified in the relevant modules set out in Annex III and shall be continuously updated. It shall be translated into the language or languages required by the Member State in which the explosive is placed or made available on the market.
3. Where an explosive is subject to more than one Union act requiring an EU declaration of conformity, a single EU declaration of conformity shall be drawn up in respect of all such Union acts. That declaration shall contain the identification of the Union acts concerned including their publication references.
4. By drawing up the EU declaration of conformity, the manufacturer shall assume responsibility for the compliance of the explosive with the requirements laid down in this Directive.

Article 22 - General principles of the CE marking

The CE marking shall be subject to the general principles set out in Article 30 of Regulation (EC) No 765/2008.

Article 23 - Rules and conditions for affixing the CE marking

1. The CE marking shall be affixed visibly, legibly and indelibly to the explosive. Where that is not possible or not warranted on account of the nature of the explosive, it shall be affixed to the packaging and to the accompanying documents.
2. The CE marking shall be affixed before the explosive is placed on the market.
3. The CE marking shall be followed by the identification number of the notified body, where that body is involved in the production control phase. The identification number of the notified body shall be affixed by the body itself or, under its instructions, by the manufacturer or his authorised representative.
4. The CE marking and, where applicable, the identification number of the notified body may be followed by any other mark indicating a special risk or use.
5. In cases of explosives manufactured for own use, explosives transported and delivered unpackaged or in Mobile Explosives Manufacturing Units (MEMUs) for their direct unloading into the blast-hole, and explosives manufactured at the blasting sites which are loaded immediately after being produced (in situ production), the CE marking shall be affixed to the accompanying documents.
6. Member States shall build upon existing mechanisms to ensure correct application of the regime governing the CE marking and shall take appropriate action in the event of improper use of that marking.