Explosives Act

Link to law: https://www.riigiteataja.ee/en/eli/ee/Riigikogu/act/519012015001/consolide
Published: 2015-01-01

Explosives Act1

Passed 24.03.2004
RT I 2004, 25, 170
Entry into force 01.05.2004
Amended by the following legal instruments (show)

Passed
Published
Entry into force

08.03.2006
RT I 2006, 14, 112
06.04.2006

19.04.2006
RT I 2006, 21, 159
01.06.2006

17.05.2006
RT I 2006, 26, 191
01.08.2006

20.09.2006
RT I 2006, 42, 319
15.10.2006

22.11.2007
RT I 2007, 66, 408
01.01.2008

19.06.2008
RT I 2008, 35, 213
01.01.2009

18.12.2008
RT I 2009, 3, 15
01.02.2009

26.11.2009
RT I 2009, 62, 405
01.01.2010

10.12.2009
RT I 2009, 69, 464
04.01.2010, partially 04.07.2010

22.04.2010
RT I 2010, 22, 108
01.01.2011, enters into force on the date determined by the Decision of the Council of the European Union on abrogation of a derogation established in respect of the Republic of Estonia on the basis of Article 140 (2) of the Treaty on the Functioning of the European Union, Council Decision No. 2010/416/EU of 13 July 2010 (OJ L 196, 28.07.2010, pp. 24–26).

20.05.2010
RT I 2010, 31, 158
01.10.2010

23.02.2011
RT I, 25.03.2011, 1
01.01.2014; date of entry into force amended 01.07.2014 [RT I, 22.12.2013, 1]

07.12.2011
RT I, 22.12.2011, 2
01.01.2012

08.12.2011
RT I, 29.12.2011, 1
01.01.2012, partially 01.01.2014 and 01.11.2014; date of entry into force partially amended 01.07.2014 [RT I, 22.12.2013, 1]

15.05.2013
RT I, 01.06.2013, 1
01.07.2013

05.12.2013
RT I, 22.12.2013, 1
01.01.2014

19.02.2014
RT I, 13.03.2014, 4
01.07.2014

05.06.2014
RT I, 29.06.2014, 1
01.07.2014

19.06.2014
RT I, 12.07.2014, 1
01.01.2015

19.06.2014
RT I, 29.06.2014, 109
01.07.2014, titles of ministers replaced on the basis of § 107³ (4) of the Government of the Republic Act

Chapter 1 GENERAL PROVISIONS 

§ 1.  Scope of application of Act

(1) For the purposes of ensuring the safety of a person, property and the environment, and guaranteeing public security, this Act provides requirements for:
1) the handling of an explosive and a pyrotechnic article;
2) the handler of an explosive and a pyrotechnic article;
3) an explosive and a pyrotechnic article for civil use;
4) the exercise of state supervision.
(2) Unless otherwise provided for in this Act, this Act shall not be applied to an explosive and a pyrotechnic article in the possession of a security authority, the Defence Forces, the Defence League, the Police and Border Guard Board, a state forensic institution, the Rescue Board, a state educational institution for national defence and an educational institution for public defence, the armed forces of a foreign state staying in Estonia under an international arrangement, and in the cases provided for in an international agreement, international military headquarters, and to the handling thereof on the responsibility of the said authorities.
[RT I, 01.06.2013, 1 – entry into force 01.07.2013]
(3) This Act shall be applied to ammunition containing an explosive substance or a pyrotechnic substance specified in the Weapons Act to the extent of industrial production thereof. This Act shall also be applied to the import and export of components of ammunition, containing an explosive substance or a pyrotechnic substance, for restricted civilian purposes and to the import thereof to Estonia from an EEA State.
[RT I 2009, 69, 464 – entry into force 04.01.2010]

§ 2.  Application of other legislation

(1) The Product Conformity Act, with the specifications arising from this Act, shall be applied to the obligations of a manufacturer of an explosive and a pyrotechnic article, an authorised representative of a manufacturer, an importer and a distributor, also to the conformity assessment and market supervision of an explosive and a pyrotechnic article, and to a notified body.
[RT I 2010, 31, 158 – entry into force 01.10.2010]
(2) Legislation established concerning the corresponding mode of transport shall be applied to the carriage of an explosive and a pyrotechnic article by road, rail, water or air, taking account of the specifications arising from this Act.
(3) The provisions of the Administrative Procedure Act shall be applied to the administrative procedure prescribed in this Act, taking account of the specifications arising from this Act.
(4) Upon handling of an explosive and a pyrotechnic article, the relevant requirements arising from other legislation shall be additionally taken into account, including the requirements arising from the Chemicals Act and from Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (OJ L 396, 30.12.2006, pp. 1–850).
[RT I 2009, 69, 464 – entry into force 04.01.2010]
(5) The provisions of the General Part of the Economic Activities Code Act are also applied to the grant and revocation of activity licences provided for in this Act as well as to the submission of notices of economic activities in the case the activity subject to the obligation to hold a licence or subject to the notification obligation is not carried out as an economic activity.
[RT I, 25.03.2011, 1 – entry into force 01.07.2014 (date of entry into force amended – RT I, 22.12.2013, 1)]

§ 3.  Definitions used in Act

(1) In this Act, definitions are used within the following meaning:
1) an explosive is an explosive substance and an article containing an explosive substance, which pursuant to the UN Recommendations on the Transport of Dangerous Goods is deemed to be an explosive and which belongs to the first hazard class according to the said recommendations;
2) an explosive substance is a chemical compound or a mechanical mixture of substances that may explode without the presence of free oxygen due to physical impact, chemical reaction, or detonation of another substance;
3) UN Recommendations on the Transport of Dangerous Goods are guidelines which have been laid down by the United Nations Committee of Experts on the Transport of Dangerous Goods and which have been published in the Annexes to the European Agreement concerning the International Carriage of Dangerous Goods by Road (ADR);
4) a pyrotechnic article is an article which is designed to produce heat, light, sound, gas or smoke or a combination of such effects through self-sustained exothermic chemical reaction and which contains an explosive substance or a pyrotechnic substance;
[RT I 2009, 69, 464 – entry into force 04.01.2010]
5) a pyrotechnic substance is a substance or a mixture of substances designed to produce heat, light, sound, gas or smoke or a combination of such effects through self-sustained spontaneous exothermic reaction;
[RT I 2009, 69, 464 – entry into force 04.01.2010]
6) handling of an explosive is the manufacture, acquisition, transfer, transport, storage, use and destruction of an explosive, and the manufacture of a pyrotechnic article;
[RT I 2009, 69, 464 – entry into force 04.01.2010]
7) safety is a state reached for the purpose of preventing an accident, and in case of an accident, for containing the effects by applying measures;
8) public security is a state reached by applying measures for the prevention of use of an explosive contrary to law and order;
9) blasting is the controlled and managed destruction and removal of materials and the alteration of their structure or form, the creation of a seismic wave or the destruction of an explosive by the force created by blasting an explosive;
10) net weight is the weight of the explosive substance or pyrotechnic substance contained in an explosive or a pyrotechnic article;
[RT I 2009, 69, 464 – entry into force 04.01.2010]
11) gross weight is the weight of an explosive or a pyrotechnic article.
[RT I 2009, 69, 464 – entry into force 04.01.2010]
(2) [Repealed – RT I 2010, 31, 158 – entry into force 01.10.2010]

§ 4.  Handling of found explosive and explosive belonging to estate or bankruptcy estate

(1) A person who has found a finding containing an explosive shall immediately notify the police or the Rescue Board thereof. If possible, the finder shall ensure that the finding remains untouched at the place of finding. A finder does not acquire a finding containing an explosive and he or she shall not be paid a finder’s fee.
(2) Where an estate includes an explosive or a pyrotechnic article of category IV or T2 or pyrotechnic articles of any category in a quantity exceeding the minimum hazard level of a chemical for the purposes of the Chemicals Act, the successor, the executor of the will or the administrator of the estate shall immediately notify the Technical Surveillance Authority or the Rescue Board thereof. The Technical Surveillance Authority or the Rescue Board shall inform the successor, the executor of the will or the administrator of the estate of the requirements applicable with regard to the handling of such an explosive or a pyrotechnic article.
(3) The successor, the executor of the will and the administrator of the estate shall have the right, within six months as of the moment of the opening of the succession, to transfer an explosive or a pyrotechnic article specified in subsection (2) of this section to a person who has the right to acquire such an article.
(4) If the successor, the executor of the will and the administrator of the estate do not fulfil the obligations arising from this Act or do not exercise the right specified in subsection (3) of this section to transfer the explosive or pyrotechnic article within six months or do not obtain an activity licence of an undertaking in the explosives sector or an activity licence for handling a pyrotechnic article, the explosive or pyrotechnic article shall be transferred to the Technical Surveillance Authority pursuant to the procedure established under subsection 85 (4) of this Act.
[RT I, 25.03.2011, 1 – entry into force 01.07.2014 (date of entry into force amended – RT I, 22.12.2013, 1)]
(5) Where a bankruptcy estate includes an explosive or a pyrotechnic article of category IV or T2 or pyrotechnic articles of any category in a quantity exceeding the minimum hazard level of a chemical for the purposes of the Chemicals Act, the trustee in bankruptcy shall notify the Technical Surveillance Authority thereof within reasonable time and the Technical Surveillance Authority shall inform the trustee in bankruptcy of the requirements applicable with regard to the handling of such an explosive or a pyrotechnic article.
[RT I 2009, 69, 464 – entry into force 04.07.2010]

§ 41.  Enforcement proceedings with regard to explosive and pyrotechnic article

In the course of enforcement proceedings, the bailiff may transfer an explosive or a pyrotechnic article only to a person who has the right to acquire it. Actions of enforcement proceedings concerning an explosive or a pyrotechnic article shall be coordinated with the Technical Surveillance Authority.
[RT I 2007, 66, 408 – entry into force 01.01.2008]

Chapter 2 EXPLOSIVE AND PLACING ON MARKET THEREOF 

§ 5.  Requirements applicable to explosive

(1) An explosive shall be handled in a way which, in case of adherence to the safety requirements and in case of other normal and foreseeable circumstances, enables to minimise a threat to a person, property and the environment, and helps to prevent damage to a person, property and the environment during handling of the explosive.
(2) The requirements applicable to an explosive and the marking thereof shall be established by the minister responsible for the field.

§ 6.  International classification and compatibility groups of explosive

(1) Explosives are categorised into subclasses considering the nature and consequences of an accident which may occur during the carriage and storage of the explosives. According to the possibility of mixed carriage and storage of explosives of different subclasses, explosives are divided into compatibility groups, considering OntOOn the the international classification of explosives.
(2) The number of the subclass of an explosive and the marking of its compatibility group comprise the classification code of the explosive, which shall be marked on the packaging of the explosive and on danger labels affixed to the vehicle transporting the explosive.
(3) The categorisation of explosives into subclasses and compatibility groups shall be established by the minister responsible for the field.

§ 7.  Plastic explosive

(1) A plastic explosive specified in the Convention on the Marking of Plastic Explosives for the Purpose of Identification shall be marked in accordance with the said Convention.
(2) The handling of unmarked plastic explosives for civilian purposes is prohibited.

§ 8.  Placing of explosive on market

An explosive may be placed on the market only if:
1) it conforms to the requirements provided by legislation;
2) its conformity has been attested pursuant to the procedure provided for in this Act and in legislation established on the basis thereof.

§ 9.  Attestation of conformity of explosive

(1) The attestation of the conformity of an explosive shall be ensured by the manufacturer of the explosive or an authorised representative of the manufacturer.
(2) The procedure for the attestation of the conformity of an explosive and the conformity assessment procedures shall be established by the minister responsible for the field.

§ 10.  Notified body

(1) A notified body for the purposes of this Act is a conformity assessment body which has the right to conduct operations necessary for the assessment and attestation of the conformity of an explosive or a pyrotechnic article.
[RT I 2009, 69, 464 – entry into force 04.01.2010]
(2) The Product Conformity Act shall be applied to a notified body, including to the grant of its activity licence, to the suspension of the validity and declaration of invalidity thereof, also to the operation as a notified body and to the exercise of state supervision over it.
[RT I 2010, 31, 158 – entry into force 01.10.2010]

§ 11.  [Repealed – RT I 2010, 31, 158 – entry into force 01.10.2010]

Chapter 3 UNDERTAKING IN EXPLOSIVES SECTOR 

§ 12.  Undertaking in explosives sector and requirements set therefor

(1) For the purposes of this Act, an undertaking in the explosives sector is a person who holds an activity licence for handling an explosive.
(2) An undertaking in the explosives sector shall possess the necessary means and staff to ensure safety and public security in the handling of an explosive.

§ 13.  Obligations of undertaking in explosives sector

(1) An undertaking in the explosives sector shall maintain a list of persons specified in sections 61 to 63 of this Act. The list shall set out a person’s given name, surname, personal identification code, in the absence of the latter date of birth, and place of residence.
[RT I 2009, 69, 464 – entry into force 04.01.2010]
(11) An undertaking in the explosives sector shall guarantee, by applying technical and other means, the storage of an explosive in its possession, including of the components which are hazardous substances and used to manufacture an explosive, in such a manner and in such conditions which prevent the access of unauthorised persons to them and the transfer thereof to their unauthorised possession.
[RT I 2009, 69, 464 – entry into force 04.01.2010]
(2) If an explosives warehouse is needed for operation in a particular area of activity, the undertaking in the explosives sector shall present to the Technical Surveillance Authority information (address and telephone number) concerning the explosives warehouse. If an undertaking in the explosives sector does not have an explosives warehouse, the undertaking shall submit a copy of a contract in proof of the undertaking’s right to use a relevant warehouse.
[RT I 2009, 69, 464 – entry into force 04.01.2010]
(3) An undertaking in the explosives sector shall immediately notify the police of a case of unlawful dispossession of an explosive.
[RT I, 29.12.2011, 1 – entry into force 01.01.2012]
(4) An undertaking in the explosives sector shall immediately notify the Technical Surveillance Authority of an accident which occurred in the handling of an explosive and of other incidents which brought about a dangerous situation, and also the police if the handling of an explosive brought about damage to a person’s health or the death of a person or proprietary damage to a third person. An undertaking in the explosives sector shall keep, pursuant to the procedure provided for in subsection (7) of this section, a written record of dangerous situations brought about by the handling of an explosive.
[RT I, 29.12.2011, 1 – entry into force 01.01.2012]
(5) An undertaking in the explosives sector shall ensure that the trade in explosives can be monitored, by keeping account thereof. Account shall be kept in such a manner which would enable to identify the possessor of an explosive at any time during the entire life cycle of the explosive. Data concerning the trade in explosives shall be preserved for a period of at least ten years after the last entry was made or after the end of the presumable life cycle of the explosive. Upon termination of activities, the undertaking in the explosives sector shall transfer the corresponding data to the Technical Surveillance Authority. The specified requirements for keeping account shall be provided pursuant to the procedure established under subsection (7) of this section.
[RT I 2009, 69, 464 – entry into force 04.01.2010]
(6) [Repealed – RT I, 25.03.2011, 1 – entry into force 01.07.2014 (date of entry into force amended – RT I, 22.12.2013, 1)]
(7) The procedure for handling and keeping account of an explosive shall be established by the minister responsible for the field.
(8) The procedure for handling and keeping account of an explosive handled within their area of government may be established by the ministers responsible for the field.

§ 14.  Authorisation obligation of undertaking in explosives sector

(1) A person is required to hold an activity licence for operation in the following areas of activity:
1) manufacture of an explosive and a pyrotechnic article;
2) storage of an explosive;
3) use of an explosive.
(2) An activity licence also grants the right to acquire and transfer an explosive. An activity licence for the manufacture or use of an explosive also grants the right to destroy the explosive.
(3) Also a person who holds an activity licence issued by another EEA State for an activity covered by subsection (1) of this section shall hold an activity licence.
(4) On a temporary basis, an explosive may be used in Estonia without an activity licence by a person who holds a corresponding activity licence issued by another EEA State. Such a person shall, at least ten working days prior to the commencement of the use of the explosive in Estonia, notify the Technical Surveillance Authority thereof, and while operating in Estonia, adhere to the requirements established for the use of an explosive.
[RT I 2009, 69, 464 – entry into force 04.01.2010]
(5) An activity licence is granted for one to five years or for the duration of the performance of a temporary obligation or assignment if it takes less than a year.
[RT I, 25.03.2011, 1 – entry into force 01.07.2014 (date of entry into force amended – RT I, 22.12.2013, 1)]

§ 15.  Application for activity licence

(1) An application for an activity licence is adjudicated by the committee, consisting of representatives of governmental authorities and formed at the Technical Surveillance Authority, specified in section 21 of this Act.
(2) In addition to the information provided for in the General Part of the Economic Activities Code Act, an application for an activity licence shall set out:
1) information on those persons who due to their proprietary participation or position in the undertaking are entitled to influence the activities of the undertaking (for example, a list of those shareholders in the company who hold more than five per cent of the share capital, and a list of the members of the management board and supervisory board of the company setting out a natural person’s given name and surname, personal identification code, in the absence of the latter date of birth, and place of residence, and a legal person’s full name, seat and commercial registry code);
2) an overview of the technical solutions necessary for complying with this Act.
(3) If an application for an activity licence is not reviewed within the set term, it shall not be deemed that an activity licence is granted to the applicant by default upon the expiry of the term.
[RT I, 25.03.2011, 1 – entry into force 01.07.2014 (date of entry into force amended – RT I, 22.12.2013, 1)]

§ 16.  Subject of review of activity licence

An activity licence is granted if:
1) the applicant has adequate technical capabilities for operation in the given area of activity;
2) the punishment register does not include information that the applicant or a person specified in clause 15 (2) 1) or in sections 61–63 of this Act has been punished for a criminal offence in the first degree, for an offence against the state, or for an offence which was committed by using an explosive, a pyrotechnic article, ammunition or a firearm;
3) persons organising the handling of the explosive for the applicant meet the requirements provided for in section 62 of this Act;
4) the grant of the activity licence does not present a risk to public security.
[RT I, 25.03.2011, 1 – entry into force 01.07.2014 (date of entry into force amended – RT I, 22.12.2013, 1)]

§ 17.  Period of validity of handling permit

[Repealed – RT I, 25.03.2011, 1 – entry into force 01.07.2014 (date of entry into force amended – RT I, 22.12.2013, 1)]

§ 18.  Refusal to grant or extend handling permit

[Repealed – RT I, 25.03.2011, 1 – entry into force 01.07.2014 (date of entry into force amended – RT I, 22.12.2013, 1)]

§ 19.  Grounds for suspension and revocation of handling permit

[Repealed – RT I, 25.03.2011, 1 – entry into force 01.07.2014 (date of entry into force amended – RT I, 22.12.2013, 1)]

§ 20.  Consequences of expiry or suspension of activity licence and of revocation of activity licence

[RT I, 25.03.2011, 1 – entry into force 01.07.2014 (date of entry into force amended – RT I, 22.12.2013, 1)]
(1) Upon the expiry or suspension or revocation of an activity licence, the holder of the activity licence shall ensure the deposition of the explosive in its possession with a duly authorised person, or ensure the proper guarding and protection of the explosive until the transfer or destruction of the explosive.
[RT I, 25.03.2011, 1 – entry into force 01.07.2014 (date of entry into force amended – RT I, 22.12.2013, 1)]
(2) The explosive shall be deposited, transported, stored and guarded, and the explosive shall be returned at the expense of the holder of the suspended or revoked activity licence.
[RT I, 25.03.2011, 1 – entry into force 01.07.2014 (date of entry into force amended – RT I, 22.12.2013, 1)]
(3) [Repealed – RT I, 25.03.2011, 1 – entry into force 01.07.2014 (date of entry into force amended – RT I, 22.12.2013, 1)]
(4) [Repealed – RT I, 25.03.2011, 1 – entry into force 01.07.2014 (date of entry into force amended – RT I, 22.12.2013, 1)]
(5) In order to comply with the requirement provided for in subsection (1) of this section, the Technical Surveillance Authority may impose a penalty payment or substitutive enforcement pursuant to the procedure provided for in the Substitutive Enforcement and Penalty Payment Act.
[RT I 2007, 66, 408 – entry into force 01.01.2008]

§ 21.  Committee

(1) The committee is a body consisting of representatives of governmental authorities and formed at the Technical Surveillance Authority with the function of granting, amending, suspending, extending and revoking activity licences.
[RT I, 25.03.2011, 1 – entry into force 01.07.2014 (date of entry into force amended – RT I, 22.12.2013, 1)]
(2) The committee shall include representatives of the Police and Border Guard Board, the Rescue Board, the Estonian Security Police, the Tax and Customs Board and the Technical Surveillance Authority. The above governmental authorities shall each appoint as member of the committee at least two representatives, one of whom shall be a substitute member.
[RT I 2009, 69, 464 – entry into force 04.01.2010]
(3) The committee shall be convened as required. The carriage of affairs of the committee shall be organised by the Technical Surveillance Authority.
[RT I 2007, 66, 408 – entry into force 01.01.2008]
(4) A decision of the committee may be contested by filing a challenge with the committee pursuant to the Administrative Procedure Act or by filing a complaint with the administrative court pursuant to the Code of Administrative Court Procedure.
(5) The rules for foundation and rules of procedure of the committee shall be established by the minister responsible for the field.

Chapter 4 MANUFACTURE OF EXPLOSIVE 

Division 1 Manufacture and Packaging of Explosive 

§ 22.  Manufacture of explosive

(1) For the purposes of this Act, the manufacture of an explosive is any activity resulting in the production of an explosive, including the moulding of an explosive, mixing of ingredients of an explosive, packaging of an explosive and placement in a blasting supply.
(2) An explosive may be manufactured by an undertaking in the explosives sector in an explosives plant which conforms to the requirements of this Act. A pumped emulsion explosive substance may be mixed from components manufactured in an explosives plant in a mixer and loader at the blasting site. A blasting agent may also be manufactured at the blasting site.
[RT I 2009, 69, 464 – entry into force 04.01.2010]
(3) For the purposes of this Act, a blasting agent is an explosive substance which is the result of mixing ammonium nitrate with liquid or solid combustible components.
[RT I 2009, 69, 464 – entry into force 04.01.2010]

§ 23.  [Repealed – RT I 2009, 69, 464 – entry into force 04.01.2010]

§ 24.  Packaging of explosive

(1) The outer packaging of an explosive shall be manufactured from such a material and sealed in such a manner which precludes the leaking of the contents from the inner packaging due to vibration, fluctuations in temperature, humidity and pressure occurring under normal carriage and storage conditions.
(2) No traces of the explosive may be present on the outer surfaces of the packaging.
(3) Parts of packaging which are in direct contact with the explosive shall not react chemically with it. If necessary, the inner surfaces of packaging shall be covered or treated with a substance which prevents a chemical reaction.

Division 2 Explosives plant 

§ 25.  Explosives plant

(1) For the purposes of this Act, an explosives plant is a construction work or complex of construction works prescribed and adapted for the manufacture of an explosive.
(2) The Technical Surveillance Authority shall be immediately informed of reconstructions carried out within an explosives plant, and of exchange of equipment and of changing of production technology.
[RT I 2007, 66, 408 – entry into force 01.01.2008]
(3) The requirements set for an explosives plant shall be established by the minister responsible for the field.

§ 26.  Building permit for explosives plant

(1) A building permit granted pursuant to the Building Act, taking account of the specifications arising from this Act, is required for building an explosives plant.
(2) A plan of the site of the explosives plant, of an explosives warehouse belonging thereto and of the surrounding area on a scale of 1:20000 shall be appended to an application for a building permit in addition to the documents required by the Building Act. The plan shall include the danger zone of the explosives plant and warehouse, the radius of which shall be calculated based on the maximum volume of the shockwave created by a possible explosion. The plan shall depict the construction works and civil engineering works within the danger zone and specify their purpose.

§ 27.  General requirements for designing explosives plant

(1) In designing an explosives plant, the requirements of the Planning Act and the Building Act shall be adhered to, and the environmental protection and fire safety requirements shall be taken into account.
(2) In designing an explosives plant, it is necessary to:
1) elaborate the measures which enable the prevention of an explosion during the manufacture of an explosive and the containing of the effects of a possible accident;
2) consider that the location for the plant and construction works would be selected in conformity with the safety requirements;
3) consider that the location of the territory and construction works of the plant would enable, in case of an emergency, to avoid introduction of hazardous substances into the environment;
4) proceed from the requirements of this Act, and in applying for a building permit from the requirements set for building design documentation.
(3) The requirements applicable to a design of an explosives plant shall be established by the minister responsible for the field.
[RT I 2006, 42, 319 – entry into force 15.10.2006]

§ 28.  Commencement of use of explosives plant

(1) In order to commence the use of an explosives plant, a permit for the use of the construction work, issued pursuant to the Building Act, taking account of the specifications arising from this Act, shall be obtained.
(2) The permit to operate the explosives plant shall be appended to an application for the permit for use of the construction work in addition to the documents specified in the Building Act.

§ 29.  Permit to operate explosives plant

A permit to operate an explosives plant is required in the following cases:
1) commencement of operations of an explosives plant;
2) expansion of an explosives plant;
3) changes in the technology applied at an explosives plant;
4) resumption of operations of an explosives plant.

§ 30.  Application for permit to operate explosives plant

(1) In order to obtain a permit to operate an explosives plant, an application shall be submitted to the Technical Surveillance Authority together with the following documents and information:
[RT I 2007, 66, 408 – entry into force 01.01.2008]
1) [repealed – RT I 2009, 69, 464 – entry into force 04.01.2010]
2) [repealed – RT I 2009, 69, 464 – entry into force 04.01.2010]
3) a plan of the site of the explosives plant prepared in conformity with the requirements specified in subsection 26 (2) of this Act;
4) the name of the explosive, a description of the manufacturing technology and conformity assessment procedure, and the maximum annual output;
5) names of the substances used in the manufacture of the explosive and data describing their characteristics;
6) a written consent of the owner of the construction work concerning use of the construction work as an explosives warehouse, unless the application is filed by the owner of the construction work;
[RT I 2009, 69, 464 – entry into force 04.01.2010]
7) documents required pursuant to the Chemicals Act.
[RT I 2009, 69, 464 – entry into force 04.01.2010]
(2) A state fee shall be paid upon applying for a permit to operate an explosives plant.
(3) If necessary, the Technical Surveillance Authority may require the submission of additional documents and information.
[RT I 2007, 66, 408 – entry into force 01.01.2008]

§ 31.  Procedure for permit to operate explosives plant

[RT I 2009, 69, 464 – entry into force 04.01.2010]
(1) In order to grant a permit to operate an explosives plant, the Technical Surveillance Authority shall establish a plant approval committee. The plant approval committee shall consist of a representative of the Technical Surveillance Authority, the Estonian Security Police, the Rescue Board and the Police and Border Guard Board. The representative of the Technical Surveillance Authority shall serve as the chairman of the approval committee.
[RT I, 29.12.2011, 1 – entry into force 01.01.2012]
(2) The grant of a permit to operate an explosives plant shall be decided by the plant approval committee formed pursuant to subsection (1) of this section within two months as of the date of receipt of a corresponding application and other required documents.
[RT I 2009, 69, 464 – entry into force 04.01.2010]
(3) In order to decide on the grant of a permit to operate an explosives plant, the plant approval committee shall check the conformity of the explosives plant with the requirements provided by legislation, including assess the sufficiency of the measures applied for guaranteeing the safety of the plant and the people working therein and the hazardous substances handled, and public security.
[RT I 2009, 69, 464 – entry into force 04.01.2010]
(4) The grant of a permit to operate an explosives plant may be refused if:
1) the application for the permit to operate does not meet the requirements and the deficiencies are not eliminated within the prescribed term;
2) the safety of a person, property or the environment and public security has not been guaranteed upon commencement of operation of the explosives plant.
(5) Before the issue of a permit to operate an explosives plant, a temporary permit to operate may be issued to test the equipment and find the optimal mode of operation. A temporary permit to operate is issued with regard to an explosives plant or a part thereof for a period of up to three months.
(6) A decision of the committee provided for in this section may be contested by filing a challenge with the committee pursuant to the Administrative Procedure Act, or by filing a complaint with the administrative court pursuant to the Code of Administrative Court Procedure.
[RT I 2006, 42, 319 – entry into force 15.10.2006]
(7) The Technical Surveillance Authority shall notify the local government of the location of the receipt of an application for a permit to operate an explosives plant, giving the local government an opportunity to express its opinion. The Technical Surveillance Authority shall also notify the local government of grant of a permit to operate an explosives plant and of revocation thereof.
[RT I 2009, 69, 464 – entry into force 04.01.2010]
(8) If there has been a change in the circumstances which gave rise to the issue of a permit to operate an explosives plant or if public security, or the safety of a person, property or the environment is no longer guaranteed in the explosives plant, the Technical Surveillance Authority shall revoke the permit to operate on its own initiative or on the basis of an application of another authority specified in subsection (1) of this section.
[RT I 2009, 69, 464 – entry into force 04.01.2010]

§ 32.  Closure of explosives plant

(1) If the manufacture of an explosive in an explosives plant is decided to be ceased, the undertaking in the explosives sector shall notify the Technical Surveillance Authority thereof at least two weeks prior to the closure of the explosives plant.
[RT I 2007, 66, 408 – entry into force 01.01.2008]
(2) [Repealed – RT I 2009, 69, 464 – entry into force 04.01.2010]
(3) If the manufacture of an explosive in an explosives plant has been suspended for technical reasons and is not resumed within three months as of the suspension of the manufacture of the explosive, the undertaking in the explosives sector shall immediately inform the Technical Surveillance Authority thereof.
[RT I 2007, 66, 408 – entry into force 01.01.2008]

§ 33.  Resumption of operations of explosives plant

For the resumption of the operations of an explosives plant a new permit to operate shall be applied for in the following cases:
1) if no explosives have been manufactured in the plant for over one year, or
2) if essential reconstruction of the explosives plant has been carried out, and this has resulted in changes in the production technology.

Chapter 5 STORAGE OF EXPLOSIVE 

§ 34.  Requirements for storage of explosive

(1) An explosive shall be stored under conditions which ensure its preservation and safety and which preclude its availability to unauthorised persons. An explosive shall not be left unsupervised.
(2) An explosive may be stored only in an explosives warehouse. An explosive may be stored outside an explosives warehouse pursuant to the procedure provided for in section 41 of this Act only by an undertaking in the explosives sector that has the right to perform blasting operations.
[RT I 2009, 69, 464 – entry into force 04.01.2010]
(3) An explosive related to the process of manufacture of an explosive may be stored also in an explosives plant.
[RT I 2009, 69, 464 – entry into force 04.01.2010]

§ 35.  Explosives warehouse

For the purposes of this Act, an explosives warehouse is a construction work, a part of a construction work or a complex of construction works intended for storing an explosive.
[RT I 2009, 69, 464 – entry into force 04.01.2010]

§ 36.  Requirements set for explosives warehouse

(1) Upon planning the location of an explosives warehouse it shall be considered that in case of a possible accident, the safety of the persons, property and environment outside the danger zone is guaranteed.
[RT I 2009, 69, 464 – entry into force 04.01.2010]
(2) Documentation of explosives warehouse shall be prepared concerning an explosives warehouse. Documentation of explosives warehouse is a document signed by the owner or possessor of the explosives warehouse and which shall set out the following information concerning the warehouse:
[RT I 2009, 69, 464 – entry into force 04.01.2010]
1) the address;
2) a plan of the site on a scale of 1:50000 which shall indicate the danger zone and the construction works located therein, and specify their purpose;
3) a plan of the warehouse on a scale of 1:1000;
4) plans of all construction works on a scale of 1:100;
5) data on the capacity of the storage facilities, and the total capacity according to the subclasses and compatibility groups of explosives.
(3) Guarding of an explosives warehouse shall be guaranteed. The security regime and the number of guards shall be determined by the owner of the warehouse with the approval of the Police and Border Guard Board. The Police and Border Guard Board has the right to demand that the number of guards be increased or the security regime be changed.
[RT I, 29.12.2011, 1 – entry into force 01.01.2012]
(4) The requirements set for building design documentation of an explosives warehouse and for an explosives warehouse shall be established by the minister responsible for the field.

§ 37.  Building permit for explosives warehouse

(1) A building permit issued pursuant to the Building Act, taking account of the specifications arising from this Act, is required for building an explosives warehouse.
(2) In addition to the documents prescribed in the Building Act, a plan of the site of an explosives warehouse and the surrounding area on a scale of 1:20000 shall be appended to an application for a building permit. The plan shall include the danger zone of the explosives warehouse, the radius of which shall be calculated on the basis of the maximum extent of the shockwave created by a possible explosion. The plan shall indicate the construction works that lie within the danger zone and specify their intended purpose.
(3) An underground warehouse shall be subject to the provisions of the Mining Act, taking account of the specifications arising from this Act.

§ 38.  Permit for use of explosives warehouse

(1) A permit for use of a construction work issued pursuant to the Building Act, taking account of the specifications arising from this Act, is required for the commencement of use and the use of a construction work as an explosives warehouse.
(2) A permit to operate an explosives warehouse shall be appended to an application for a permit for use in addition to the documents prescribed in the Building Act.

§ 39.  Permit to operate explosives warehouse

(1) A permit to operate an explosives warehouse gives the right to use a construction work as an explosives warehouse. The maximum quantity of an explosive (net weight) stored in an explosives warehouse is prescribed by subclasses and compatibility groups in the permit to operate the explosives warehouse.
[RT I 2009, 69, 464 – entry into force 04.01.2010]
(2) A permit to operate an explosives warehouse is required for the commencement of use of a construction work as an explosives warehouse, and resumption of the use of the explosives warehouse after reconstruction thereof.
(3) Upon application for a permit to operate an explosives warehouse, the following documents shall be submitted to the Technical Surveillance Authority:
[RT I 2007, 66, 408 – entry into force 01.01.2008]
1) documentation concerning the explosives warehouse;
2) [repealed – RT I 2009, 69, 464 – entry into force 04.01.2010]
3) a written consent of the owner of the construction work concerning use of the construction work as an explosives warehouse, unless the application is filed by the owner of the construction work;
[RT I 2009, 69, 464 – entry into force 04.01.2010]
4) documents required pursuant to the Chemicals Act.
[RT I 2009, 69, 464 – entry into force 04.01.2010]
(4) A state fee shall be paid upon applying for a permit to operate an explosives warehouse.
(5) If necessary, the Technical Surveillance Authority may require the submission of additional documents and information.
[RT I 2007, 66, 408 – entry into force 01.01.2008]

§ 40.  Procedure for permit to operate explosives warehouse

[RT I 2009, 69, 464 – entry into force 04.01.2010]
(1) In order to grant a permit to operate an explosives warehouse, the Technical Surveillance Authority shall establish a warehouse approval committee. The warehouse approval committee shall consist of a representative of the Technical Surveillance Authority, the Estonian Security Police, the Rescue Board and the Police and Border Guard Board. The representative of the Technical Surveillance Authority shall serve as the chairman of the warehouse approval committee.
[RT I, 29.12.2011, 1 – entry into force 01.01.2012]
(2) The grant of a permit to operate an explosives warehouse shall be decided by the warehouse approval committee formed pursuant to subsection (1) of this section within two months as of the date of receipt of a corresponding application and other required documents. A permit to operate an explosives warehouse is granted without a term. A permit to operate an explosives warehouse is granted for a specified term if there are circumstances which allow for the permit to operate to be granted only for a specified term.
[RT I 2009, 69, 464 – entry into force 04.01.2010]
(3) In order to decide on the grant of a permit to operate an explosives warehouse, the warehouse approval committee shall check the conformity of the explosives warehouse with the requirements provided by legislation, including assess the sufficiency of the measures applied for guaranteeing the safety of the plant and the people working therein and the hazardous substances stored, and public security.
[RT I 2009, 69, 464 – entry into force 04.01.2010]
(4) The grant of a permit to operate an explosives warehouse may be refused if there is reason to believe that in using a corresponding construction work as an explosives warehouse the conformity with the requirements provided by legislation has not been guaranteed.
(5) A decision of the committee provided for in this section may be contested by filing a challenge with the committee pursuant to the Administrative Procedure Act, or by filing a complaint with the administrative court pursuant to the Code of Administrative Court Procedure.
[RT I 2006, 42, 319 – entry into force 15.10.2006]
(6) The Technical Surveillance Authority shall notify the local government of the location of the receipt of an application for a permit to operate an explosives warehouse, giving the local government an opportunity to express its opinion. The Technical Surveillance Authority shall also notify the local government of grant of a permit to operate an explosives warehouse and of revocation thereof.
[RT I 2009, 69, 464 – entry into force 04.01.2010]
(7) If there has been a change in the circumstances which gave rise to the issue of a permit to operate an explosives warehouse or if public security, or the safety of a person, property or the environment is no longer guaranteed in the explosives warehouse, the Technical Surveillance Authority shall revoke the permit to operate on its own initiative or on the basis of an application of another authority specified in subsection (1) of this section.
[RT I 2009, 69, 464 – entry into force 04.01.2010]

§ 41.  Storage of explosive outside explosives warehouse

(1) An explosive shall be stored outside an explosives warehouse in a closed and fireproof container (safe) intended for storing an explosive in accordance with the procedure for storage of an explosive prepared by the undertaking and under a corresponding authorisation of the Technical Surveillance Authority.
[RT I 2009, 69, 464 – entry into force 04.01.2010]
(2) In order to store an explosive outside an explosives warehouse, an application setting out the following information shall be submitted to the Technical Surveillance Authority:
1) the name and address of the undertaking;
2) the procedure for the storage of the explosive;
3) a description of the container, and details concerning the location or locations thereof;
4) the name and quantity of the explosive to be stored;
5) information concerning the time of the storage.
[RT I 2009, 69, 464 – entry into force 04.01.2010]
(21) A state fee shall be paid upon submission of an application.
[RT I 2009, 69, 464 – entry into force 04.01.2010]
(22) The procedure for storage of an explosive specified in clause (2) 2) of this section shall set out the maximum quantity (net weight) of the explosive to be stored, reflect the conditions of storage of the explosive guaranteed in the place of storage, and describe the applied measures which guarantee that unauthorised persons do not have access to the explosive to be stored.
[RT I 2009, 69, 464 – entry into force 04.01.2010]
(23) The Technical Surveillance Authority shall grant permission to store an explosive outside an explosives warehouse if the conditions of storage of the explosive conform to requirements, and public security and the safety of a person, property and the environment has been guaranteed. Upon grant of permission, the Technical Surveillance Authority may stipulate that the police be informed of every change of location of the container.
[RT I, 29.12.2011, 1 – entry into force 01.01.2012]
(3) The Technical Surveillance Authority shall refuse to grant permission if it appears from the submitted application that the storage of the explosive outside the explosives warehouse under the prescribed conditions and pursuant to the prescribed procedure does not meet the requirements for the storage of the explosive or it would be dangerous to a person, property and the environment or it would not guarantee public security.
[RT I 2007, 66, 408 – entry into force 01.01.2008]
(4) An explosive may be stored at a blasting site under the supervision of a blaster, senior blaster or the person organising the handling of the explosive or an employee instructed thereby, and in a quantity necessary for the performance of a specific duty. In such case the permission of the Technical Surveillance Authority provided for in this section is not required.
[RT I 2009, 69, 464 – entry into force 04.01.2010]

Chapter 6 USE OF EXPLOSIVE 

§ 42.  Requirements for use of explosive

(1) An explosive may be used at a blasting site for its intended purpose and in adherence to the safety requirements by an undertaking in the explosives sector that holds an appropriate activity licence and employs blasters in conformity with the requirements.
[RT I, 25.03.2011, 1 – entry into force 01.07.2014 (date of entry into force amended – RT I, 22.12.2013, 1)]
(2) The blasting parameters and protective measures applied shall preclude any damage which could be created by a shockwave, projection of smithereens and seismic oscillation to the construction work and equipment that lie within the blasting danger zone.
(3) For blasting, a blasting plan (hereinafter plan) shall be prepared, and this shall be approved by the person organising the handling of the explosive. For repeated blasting at one site, a standard plan shall be prepared. Blasting without a plan is permitted in cases where blasting operations are carried out with the aim of shaping a working, removing rippings, increasing the depth of a working, eliminating misfire and breaking oversized fragments, and rescue work.
(4) The requirements set for plans shall be established by the minister responsible for the field.

§ 43.  High risk blasting

For the purposes of this Act, high risk blasting is:
1) blasting in a settlement;
2) blasting at a site where a construction work belonging to another person lies in the danger zone;
3) demolition of a construction work by way of blasting;
4) breaking of metal by way of blasting;
5) underwater blasting operations.

§ 44.  Permit for high risk blasting

(1) For the performance of high risk blasting, a permit for high risk blasting is required.
(2) In order to obtain a permit for high risk blasting, an application shall be submitted to the Technical Surveillance Authority to which the following shall be appended:
[RT I 2007, 66, 408 – entry into force 01.01.2008]
1) the plan;
2) a copy of a notice sent to the local government and the Environmental Board and the owners or associations of the owners of immovables that lie within the danger zone with the purpose of informing them of the blasting operation.
[RT I 2009, 3, 15 – entry into force 01.02.2009]
(3) Before applying for a permit for high risk blasting, the applicant is required to notify the local government, the Environmental Board and the owners of immovables that lie within the danger zone of the place, time, extent and objective of the blasting operation. The local government, the Environmental Board and the owners of immovables that lie within the danger zone may file their objections to the planned blasting operation to the Technical Surveillance Authority within one week as of the date of receipt of the corresponding notice. Upon applying for a permit for high risk blasting, a state fee shall be paid.
[RT I 2009, 3, 15 – entry into force 01.02.2009]
(31) If the danger zone of the blasting operation lies in the near vicinity of an airport, also the Civil Aviation Administration shall be notified pursuant to subsection (3) of this section.
[RT I 2006, 42, 319 – entry into force 15.10.2006]
(4) The Technical Surveillance Authority shall evaluate the possible consequences of high risk blasting, taking account of the measures prescribed for precluding harmful consequences, and based on the results of such evaluation, shall issue a permit for performance of the blasting operation or refuse to issue the permit within 30 days as of the date of receipt of a proper application. At the same time the Technical Surveillance Authority shall notify the Estonian Security Police of the grant of a permit.
[RT I 2009, 69, 464 – entry into force 04.01.2010]
(5) A permit for high risk blasting shall be issued for a term of up to one year, or for the period needed to conclude a single blasting operation. The term of validity of a permit may be extended if the boundaries of the blasting danger zone and the technical requirements for blasting have not changed. For the extension of validity of a permit, a corresponding application shall be submitted to the Technical Surveillance Authority and a state fee shall be paid.
[RT I 2007, 66, 408 – entry into force 01.01.2008]
(6) If the blasting danger zone does not exceed the boundaries of the area for which an undertaking engaged in the mining of mineral resources or the undertaking which ordered the blasting has a right of use and if the issuer of the extraction permit has not imposed additional conditions, the notification prescribed in clause (2) 2) of this section is not required.

Chapter 7 CARRIAGE OF EXPLOSIVE 

§ 45.  Import and export of explosive

[RT I, 22.12.2011, 2 – entry into force 01.01.2012]
(1) The provisions of the Strategic Goods Act shall be applied to the carriage of an explosive included in the list of strategic goods, and to the provision of service.
[RT I, 22.12.2011, 2 – entry into force 01.01.2012]
(2) The import and export of an explosive not included in the list of strategic goods shall take place on the basis of a permit issued by the Technical Surveillance Authority under section 46 or 47 of this Act.
[RT I 2009, 69, 464 – entry into force 04.01.2010]
(3) It is prohibited to send an explosive by postal consignment.
[RT I 2006, 42, 319 – entry into force 15.10.2006]

§ 46.  Permit for import and export of explosive

(1) A permit for import and export of an explosive is required for conveyance of an explosive from a third country to Estonia and for conveyance of an explosive to a third country. For the purposes of this Act, a third country is a country which is not a Member State of the European Union or an EEA State.
[RT I 2009, 69, 464 – entry into force 04.01.2010]
(2) In order to obtain a permit for import and export of an explosive, an application shall be submitted to the Technical Surveillance Authority. A state fee shall be paid upon application.
[RT I 2007, 66, 408 – entry into force 01.01.2008]
(3) An application shall set out the following information:
1) the names and addresses of operators in such detail to enable the operators to be contacted and ascertain whether the consignee is entitled to receive the consignment;
2) the name, quantity, description and means of identification of the explosive, and the identification number of the substance or article conforming to the agreement specified in clause 3 (1) 3) of this Act (hereinafter UN number);
3) information concerning the carriage conditions of the explosive (the type of the means of transport used for carriage, itinerary and time of carriage);
4) in case of export of the explosive, a permit issued by the country of destination for the import of the explosive specified in the application and a translation of the permit into Estonian.
(4) The Technical Surveillance Authority shall issue a permit for import and export of an explosive within ten working days as of the date of receipt of all the required documents.
[RT I 2009, 69, 464 – entry into force 04.01.2010]
(41) The Technical Surveillance Authority shall refuse to grant a permit for import and export of an explosive if the submitted application does not meet the requirements or if it appears from the submitted application that the carriage conditions do not meet the requirements. The Technical Surveillance Authority shall also refuse to grant a permit for import and export of an explosive if according to the Police and Border Guard Board or the Estonian Security Police the planned carriage of an explosive would pose a significant or high threat to national security.
[RT I 2009, 69, 464 – entry into force 04.01.2010]
(42) The Technical Surveillance Authority shall notify the Police and Border Guard Board and the Estonian Security Police of an application for a permit for import and export of an explosive and allow them to express their opinion in the matter within five working days as of the date of receipt of the application. The Technical Surveillance Authority shall also notify the Tax and Customs Board of an issued permit for import and export of an explosive.
[RT I 2009, 69, 464 – entry into force 04.01.2010]
(5) The requirements set for a permit for import and export of an explosive shall be established by the minister responsible for the field.
[RT I 2006, 42, 319 – entry into force 15.10.2006]

§ 47.  Carriage of explosive within European Economic Area

(1) If an explosive is wished to be carried within Estonia or to be conveyed to Estonia from another EEA State, the consignee of the explosive shall request the approval of the Technical Surveillance Authority. The Technical Surveillance Authority shall verify whether the consignee of the explosive is entitled to receive the explosive. If the Technical Surveillance Authority approves the carriage of the explosive, it shall issue a document which sets out the information specified in subsection (3) of this section (hereinafter transport permit) to the consignee of the explosive. The transport permit must accompany the explosive until the explosive arrives at its destination; whereas, a copy shall be retained by the consignee of the explosive.
[RT I 2009, 69, 464 – entry into force 04.01.2010]
(2) Where the Technical Surveillance Authority considers that special security requirements are unnecessary, an explosive may be carried without prior provision of the information specified in subsection (3) of this section. In such case, the Technical Surveillance Authority shall grant a transport permit for a fixed period; whereas, the validity of such a transport permit may be suspended or revoked at any time in justified cases.
[RT I 2007, 66, 408 – entry into force 01.01.2008]
(3) If, due to reasons related to public security, the carriage of an explosive must be conducted under strict supervision, the consignee of the explosive shall submit the following information in order to be granted a transport permit:
1) the names and addresses of operators in such detail to enable the operators to be contacted and ascertain whether the consignee is entitled to receive the consignment;
2) the quantity of the explosive;
3) the full name and description of the explosive, the means enabling identification of the explosive and the UN numbers;
4) where the explosive is carried for the purpose of being placed on the market, information on conformity of the explosive;
5) description of the means of transport and the itinerary;
6) the expected date of departure and arrival;
7) where necessary, the precise points of entry into and departure from the state.
(4) In case of a grave threat to public security, the Technical Surveillance Authority may take all necessary measures in order to prevent the illicit use and possession of an explosive. Such measures shall be in conformity with the principle of proportionality, and shall not be discriminative nor a veiled restriction on trade between the EEA States. If the measures are taken under this subsection, the European Commission shall be notified thereof beforehand.
[RT I 2009, 69, 464 – entry into force 04.01.2010]
(5) A state fee shall be paid upon applying for a transport permit.
(6) The Technical Surveillance Authority shall notify the Police and Border Guard Board and the Estonian Security Police of an issued or approved transport permit, also of an approval of a transport permit issued by an EEA State.
[RT I 2009, 69, 464 – entry into force 04.01.2010]

Chapter 8 REQUIREMENTS SET FOR PYROTECHNIC ARTICLE AND HANDLING THEREOF 

Division 1 General Provisions 

§ 48.  Definitions used in this Chapter

(1) A firework is a display based on light, smoke or sound effects arising from the use of a fireworks product.
(2) A cracker is a pyrotechnic article encased in a non-metal shell not producing sharp particles and which, upon the ignition of the charge, mainly creates a sound effect (a cracking sound).
(3) For the purposes of this Act, manufacture of a pyrotechnic article is deemed to be any activity as a result of which a pyrotechnic article is prepared or which alters the characteristics of a pyrotechnic article before it is used. Manufacture is not deemed to be preparation of a pyrotechnic article directly before it is used.
(4) A theatrical pyrotechnic article is a pyrotechnic article which is designed for indoor or outdoor stage use, including film and television productions or similar use.
(5) A person with specialist knowledge is a person who has the competence and right to handle category IV, T2 or P2 pyrotechnic articles. In case of category IV and T2, a person with specialist knowledge is a person holding a professional certificate or a certificate of competency of a pyrotechnician. In case of category P2, a person with specialist knowledge is a person who has undergone relevant training and acquired sufficient knowledge for handling pyrotechnic articles of category P2.
(6) A manufacturer of a pyrotechnic article (hereinafter manufacturer) is a person who designs or manufactures a pyrotechnic article, or who causes such an article to be designed and manufactured, with a view to placing it on the market under his own name or trademark.
[RT I 2009, 69, 464 – entry into force 04.07.2010]

§ 49.  Categories of pyrotechnic articles

(1) Pyrotechnic articles shall be categorised by the manufacturer according to their type of use, or their purpose and level of hazard, including their noise level. Categorisation shall be confirmed by a notified body engaged in the conformity assessment of pyrotechnic articles.
(2) Pyrotechnic articles intended for fireworks are categorised as follows:
1) Category I – fireworks which present a very low hazard and negligible noise level and which are intended for use in confined areas, including fireworks which are intended for use inside domestic buildings;
2) Category II – fireworks which present a low hazard and low noise level and which are intended for outdoor use in confined areas;
3) Category III – fireworks which present a medium hazard, which are intended for outdoor use in large open areas and whose noise level is not harmful to human health;
4) Category IV – fireworks which present a high hazard, which are intended for use only by persons with specialist knowledge and whose noise level is not harmful to human health (fireworks for professional use).
(3) Theatrical pyrotechnic articles are categorised as follows:
1) Category T1 – pyrotechnic articles for stage use which present a low hazard;
2) Category T2 – pyrotechnic articles for stage use which are intended for use only by persons with specialist knowledge.
(4) Other pyrotechnic articles are categorised as follows:
1) Category P1 – pyrotechnic articles other than fireworks and theatrical pyrotechnic articles which present a low hazard;
2) Category P2 – pyrotechnic articles other than fireworks and theatrical pyrotechnic articles which are intended for use only by persons with specialist knowledge.
[RT I 2009, 69, 464 – entry into force 04.01.2010]

§ 491.  Pyrotechnic articles not belonging to any category

(1) The requirements established for placing on the market and categorisation of pyrotechnic articles provided for in this Chapter shall not be applied to pyrotechnic articles which are excluded from the scope of application of Directive 2007/23/EC of the European Parliament and of the Council on the placing on the market of pyrotechnic articles (OJ L 154, 14.06.2007, pp. 1–21).
(2) With regard to the handling of those pyrotechnic articles which are intended for use in marine safety equipment, aerospace or space industry or in toys, this Act shall be applied with the following specifications:
1) an activity licence is not required for using the said articles for the purposes of transfer;
2) the said articles may be transferred only to persons who require these articles in their economic and professional activity, including to ship owners;
3) all the requirements arising from this Act shall be applied to the storage of the said articles in a quantity exceeding the minimum hazard level of a chemical for the purposes of the Chemicals Act.
[RT I 2009, 69, 464 – entry into force 04.07.2010]

Division 2 Placing on Market of Pyrotechnic Article 

§ 50.  Requirements set for placing on market of pyrotechnic article

(1) A pyrotechnic article may only be placed on the market if:
1) it conforms to the requirements arising from legislation;
2) it is provided with the information and labelling required by legislation;
3) its conformity has been proven pursuant to the prescribed procedure.
(2) The requirements set for a pyrotechnic article, the packaging thereof and for the information and marking accompanying a pyrotechnic article shall be established by the minister responsible for the field.
[RT I 2009, 69, 464 – entry into force 04.07.2010]

§ 501.  Proving of conformity of pyrotechnic article

(1) Proving of the conformity of a pyrotechnic article shall be ensured by the manufacturer thereof. If the manufacturer is not located in an EEA State, the importer of the pyrotechnic article shall ensure that the manufacturer has fulfilled the obligations necessary for ensuring the conformity of the pyrotechnic article, or shall assume these obligations himself.
(2) A distributor of a pyrotechnic article shall act under due diligence and shall ensure that the distributed pyrotechnic article conforms to requirements arising from legislation and that it is provided with the conformity marking.
(3) The requirements set for proving the conformity of a pyrotechnic article shall be established by the minister responsible for the field.
[RT I 2009, 69, 464 – entry into force 04.07.2010]
§ 51. – § 52. [Repealed – RT I 2009, 69, 464 – entry into force 04.07.2010]

Division 3 Handling of Pyrotechnic Article 

§ 53.  Authorisation obligation of handler of pyrotechnic article and requirements for handler of pyrotechnic article

[RT I, 25.03.2011, 1 – entry into force 01.07.2014 (date of entry into force amended – RT I, 22.12.2013, 1)]
(1) An activity licence is required for operation in the following areas of activity:
1) storage of a pyrotechnic article;
2) transfer of a pyrotechnic article;
3) use of a pyrotechnic article.
[RT I, 25.03.2011, 1 – entry into force 01.07.2014 (date of entry into force amended – RT I, 22.12.2013, 1)]
(2) There is no obligation to hold a licence in the following cases:
1) storage, transfer and use of categories I, T1, P1 and P2 pyrotechnic articles in a quantity below the minimum hazard level of a chemical for the purposes of the Chemicals Act;
2) use of categories II and III pyrotechnic articles;
3) storage, and transfer without a charge of categories II and III pyrotechnic articles acquired for own use.
[RT I, 25.03.2011, 1 – entry into force 01.07.2014 (date of entry into force amended – RT I, 22.12.2013, 1)]
(21) [Repealed – RT I, 25.03.2011, 1 – entry into force 01.07.2014 (date of entry into force amended – RT I, 22.12.2013, 1)]
(3) [Repealed – RT I, 25.03.2011, 1 – entry into force 01.07.2014 (date of entry into force amended – RT I, 22.12.2013, 1)]
(31) Also a person who holds an activity licence for handling a pyrotechnic article issued by another EEA State shall hold an activity licence. A person who wishes to use a pyrotechnic article (organise a firework) in Estonia temporarily and who holds an activity licence for use of a pyrotechnic article issued by another EEA State is not required to hold an activity licence. Such a person is required to notify, at least ten working days prior to the commencement of the use of the pyrotechnic article in Estonia, the Technical Surveillance Authority thereof, and while operating in Estonia to adhere to the requirements established for use of a pyrotechnic article.
[RT I 2009, 69, 464 – entry into force 04.07.2010]
(4) The requirements for the manufacture of an explosive shall be applied to the manufacture of a pyrotechnic article.
(5) The requirements set for the handling, including the place of handling, and destruction of a pyrotechnic article shall be established by the minister responsible for the field.
[RT I 2009, 69, 464 – entry into force 04.07.2010]
(6) The ministers responsible for the field may establish the procedure for the handling of a pyrotechnic article handled within their respective areas of government.
(7) In addition to the restrictions arising from the Trading Act, a pyrotechnic article may not be transferred at public events and by way of street or market trading. The sale of a pyrotechnic article, except for categories I, T1 and P1 pyrotechnic articles, by way of self-service is also prohibited.
[RT I 2009, 69, 464 – entry into force 04.07.2010]

§ 531.  Application for activity licence and subject of review

(1) An application for an activity licence is adjudicated by the Technical Surveillance Authority.
[RT I, 25.03.2011, 1 – entry into force 01.07.2014 (date of entry into force amended – RT I, 22.12.2013, 1)]
(2) An undertaking is granted an activity licence if:
1) the undertaking has the appropriate technical means and a competent staff for handling a pyrotechnic article in conformity with the requirements;
2) pursuant to the information held in the punishment register, the undertaking, the undertaking’s representative or the person organising the handling of a pyrotechnic article has not been punished for a criminal offence in the first degree, for an offence against the state, or for an offence which was committed by using an explosive, a pyrotechnic article, ammunition or a firearm, and he or she is not wanted, or suspected or accused of a criminal offence;
[RT I, 25.03.2011, 1 – entry into force 01.07.2014 (date of entry into force amended – RT I, 22.12.2013, 1)]
(3) If an application for an activity licence is not reviewed within the term, it shall not be deemed that an activity licence is granted to the applicant by default upon the expiry of the term.
[RT I, 29.06.2014, 1 – entry into force 01.07.2014]

§ 54.  Requirements set for handler of pyrotechnic article

(1) A handler of a pyrotechnic article shall have appropriate means and staff to guarantee the safety of the handling of the pyrotechnic article.
(2) [Repealed – RT I 2009, 69, 464 – entry into force 04.07.2010]
(3) A handler of a pyrotechnic article shall immediately notify the Technical Surveillance Authority of an accident which took place upon the handling of a pyrotechnic article, and also the police if the handling of the pyrotechnic article resulted in damage to the health of a person or the death of a person, or damage to the property of a third person.
[RT I, 29.12.2011, 1 – entry into force 01.01.2012]
(4) If category III, IV or T2 pyrotechnic article or pyrotechnic articles of any category in a quantity exceeding the minimum hazard level of a chemical for the purposes of the Chemicals Act leave lawful possession, the handler of a pyrotechnic article shall immediately notify the police thereof.
[RT I, 29.12.2011, 1 – entry into force 01.01.2012]

§ 55.  Import and export of pyrotechnic article

(1) Conveyance of a pyrotechnic article from a third country to Estonia and conveyance thereof from Estonia to a third country shall be subject to the provisions of section 46 of this Act, taking account of the specifications arising from this section.
(11) In order to obtain a permit for conveyance of a pyrotechnic article from a third country to Estonia and conveyance thereof from Estonia to a third country, an application setting out the following information shall be submitted to the Technical Surveillance Authority:
1) the name and contact information of the person responsible for the consignment;
2) the name, quantity and description of the pyrotechnic article, the means enabling identification thereof and its UN number;
3) information concerning the carriage conditions of the pyrotechnic article (manner of transport and approximate time of carriage);
4) if the pyrotechnic article is conveyed to a third country, a permit issued by the country of destination for the import of the explosive specified in the application and a translation of the permit into Estonian.
(2) Pyrotechnic articles may be conveyed from an EEA State to Estonia for placing on the market or for use only by a handler of a pyrotechnic article holding an activity licence provided for in section 531 of this Act.
(3) The handler of a pyrotechnic article specified in subsection (2) of this section shall give prior notice to the Technical Surveillance Authority of conveyance of a pyrotechnic article to Estonia. The notice shall set out the name, category and quantity of the pyrotechnic article to be conveyed to Estonia.
(3) Without regard to the provisions of this section, a natural person at least 18 years of age may bring to Estonia for own use up to two kilograms (gross weight) of pyrotechnic articles of categories I, II, P1 and T1 which meet the requirements of this Act.
[RT I 2009, 69, 464 – entry into force 04.07.2010]

§ 56.  Storage of pyrotechnic article

(1) The requirements established for the storage of an explosive shall be applied to the storage of a pyrotechnic article, taking account of the specifications arising from this section.
(2) A permit to operate an explosives warehouse or a permit for storage outside an explosives warehouse is not required for the storage of a pyrotechnic article of up to 100 kilograms (net weight). Up to 33 kilograms (net weight) of a pyrotechnic article of category III may be stored without a permit.
(21) Upon storage of a pyrotechnic article in a location where it is prepared for sale or use, a permit to operate an explosives warehouse or a permit for storage outside an explosives warehouse is not required. The location used for the preparation of a pyrotechnic article shall be suitable for use for the said purpose, conform to safety requirements, and be at a safe distance from objects which may be damaged by an accident which may occur upon handling of the pyrotechnic article.
(22) The Technical Surveillance Authority and the Rescue Board shall be informed of the location where a pyrotechnic article is prepared for sale or use. The preparation of a pyrotechnic article may not be commenced in that location before the Technical Surveillance Authority has approved it in coordination with the Rescue Board.
(3) The requirements set for the storage conditions of a pyrotechnic article shall be established by the minister responsible for the field.
[RT I 2009, 69, 464 – entry into force 04.07.2010]

§ 57.  Transfer of pyrotechnic article

(1) A handler of a pyrotechnic article shall, upon the transfer of the article, adhere to the following requirements:
1) to transfer only such a pyrotechnic article which has been stored in a place and under conditions which meet the requirements of this Act or legislation established on the basis thereof;
2) to transfer a pyrotechnic article only to a person who has the right to handle or use such an article;
3) upon transfer, to provide instructions for the use of the pyrotechnic article, if required.
(2) Transfer of a defective pyrotechnic article for the purpose of use is prohibited. A defective pyrotechnic article shall be destroyed pursuant to the procedure prescribed by legislation established on the basis of subsection 53 (5) of this Act.
(3) Pyrotechnic articles of categories I, II, T1 and P1 may be transferred to a person at least 18 years of age. Such a pyrotechnic article of category I that does not fly into the air or that is intended for indoor use (sparkle sticks, cake candles and other similar products, also fountains) may be transferred to a person at least 12 years of age; whereas, taking account of the age limit noted on the package of the pyrotechnic article by the manufacturer.
[RT I 2009, 69, 464 – entry into force 04.07.2010]
(4) The retail trade in crackers is prohibited.
[RT I 2009, 69, 464 – entry into force 04.07.2010]
(5) It is prohibited to send a pyrotechnic article by postal consignment.
(6) Category III pyrotechnic articles may be sold to a person at least 21 years of age upon presentation of identification. Concerning such articles, the seller shall keep a registration journal in which the name and quantity of a purchased product, and the name, personal identification code, in the absence of the latter date of birth, and the place of residence of the buyer shall be entered. The buyer shall give his or her signature concerning the fact that the pyrotechnic article will be used only in the manner and for the purpose prescribed by the instructions for use, and in compliance with the requirements of this Act.
[RT I 2009, 69, 464 – entry into force 04.07.2010]
(7) A category III pyrotechnic article may be sold only in a place of business where pyrotechnic articles, except for category I, T1 and P1 pyrotechnic articles, are sold longer than over a period of four consecutive months a year.
[RT I 2009, 69, 464 – entry into force 04.07.2010]
(8) [Repealed – RT I 2009, 69, 464 – entry into force 04.07.2010]
(9) An activity aimed at the public through which a pyrotechnic article is offered free of charge, or in the framework of a consumer competition or game is prohibited. This restriction does not apply in case of category I, T1 and P1 pyrotechnic articles.
[RT I 2009, 69, 464 – entry into force 04.07.2010]

§ 58.  Use of pyrotechnic article

(1) A pyrotechnic article may only be used for its intended purpose and in adherence to the safety requirements and taking account of requirements for behaviour in a public place.
(2) Categories IV and T2 pyrotechnic articles may be used only by a handler of a pyrotechnic article who holds an activity licence provided for in section 531 of this Act and who employs, for the performance of such work, a pyrotechnician who conforms to the requirements of this Act.
(3) The use of a cracker is prohibited. This restriction does not extend to a person who holds a certificate of competency of a pyrotechnician and who uses a cracker in his or her economic and professional activity.
(4) In a public place it is prohibited to use pyrotechnic articles which are accompanied by a sound or light effect which could disturb another person to a significant extent. Both in a public place and in a place which is not public, pyrotechnic articles which are accompanied by a constant or repeated noise or light effect which disturbs another person may not be used from 10 p.m. to 6 a.m. and on a night preceding a day off from 12 a.m. to 7 a.m. The restriction provided for in this subsection does not apply on the night preceding 1 January, 25 February and 24 June or if the local government has granted permission to organise a firework.
[RT I 2009, 69, 464 – entry into force 04.07.2010]

§ 59.  Organisation of firework

(1) For the organisation of a firework at public events or in densely populated settlements by using pyrotechnic articles of categories III and IV, permission shall be obtained from the rural municipality or city government, an agency authorised by the rural municipality or city government or a structural unit of the rural municipality or city government of the intended location of the firework (hereinafter rural municipality or city government).
[RT I 2009, 69, 464 – entry into force 04.07.2010]
(2) The following agencies shall be notified at least three days in advance of the organisation of a firework:
1) upon organisation of a firework at public events or in densely populated settlements by using a category III pyrotechnic article – the Police and Border Guard Board and the Rescue Board;
[RT I, 29.12.2011, 1 – entry into force 01.01.2012]
2) upon organisation of a firework by using a category IV pyrotechnic article – the Police and Border Guard Board and the Rescue Board;
[RT I, 29.12.2011, 1 – entry into force 01.01.2012]
3) upon organisation of a firework by using a category T2 pyrotechnic article – the Rescue Board;
4) upon organisation of a firework in the near vicinity of an airport by using pyrotechnic articles which fly higher than 45 metres – the Civil Aviation Administration.
[RT I 2009, 69, 464 – entry into force 04.07.2010]
(21) If there is reason to believe that the firework crosses the area of the approach or take-off sector of the near vicinity of an airport, the organisation of the firework shall be coordinated with the Civil Aviation Administration. A written application or an application which can be reproduced in writing setting out the information specified in clauses 60 (2) 1) to 3) of this Act shall be submitted to the Civil Aviation Administration at least three working days prior to the organisation of the planned firework. The Civil Aviation Administration shall review the application and approve it or not approve it within three working days as of the date of receipt of the application.
[RT I 2006, 42, 319 – entry into force 15.10.2006]
(3) The safety of a person, property and the environment shall be ensured in the organisation of a firework. The safety requirements for the organisation of a firework and the requirements set for a firework plan shall be established on the basis of subsection 53 (5) of this Act.

§ 60.  Application for permit for organisation of firework

(1) A person who wishes to organise a firework shall submit an application for a permit for organisation of a firework to the rural municipality or city government of the intended location of the firework. The rural municipality or city government shall review the application for a permit for organisation of a firework and shall make a corresponding decision within five working days as of the date of receipt of the application.
(2) An application for a permit for organisation of a firework shall contain the following information:
1) the name and contact information of the applicant and if the firework is not organised directly by the applicant, also information concerning the person organising the firework;
2) the location, date and time of the organisation of the firework;
3) the plan of the firework, setting out, among other things, the danger zone and the measures to be taken to prevent accidents;
4) a confirmation about a notice forwarded to the Rescue Board and the Police and Border Guard Board, and if appropriate, also about a notice forwarded to the Civil Aviation Administration or an approval of the Civil Aviation Administration.
[RT I, 29.12.2011, 1 – entry into force 01.01.2012]
(3) The grant of a permit may be refused if the organisation of a firework is liable to violate public order or harm the life, health or property of persons or the environment, and the applied safety measures are insufficient for the prevention of accidents, or if the application does not meet the requirements.
(4) If it is possible to eliminate the deficiencies present in an application, the applicant shall be informed thereof before a decision is made to deny the application, and it shall be suggested that the applicant eliminate the deficiencies.
[RT I 2006, 42, 319 – entry into force 15.10.2006]

Chapter 9 STAFF OF UNDERTAKING IN EXPLOSIVES SECTOR AND OF UNDERTAKING ENGAGED IN HANDLING OF PYROTECHNIC ARTICLE, AND CONFORMITY ASSESSMENT AND ATTESTATION THEREOF 

Division 1 Staff of Undertaking in Explosives sector 

§ 61.  Direct handler of explosive

(1) For the purposes of this Act, a direct handler of an explosive is a person who has access to an explosive due to his or her duties or professional activities.
(2) A direct handler of an explosive may not be a person who:
1) does not meet the health requirements provided for in legislation established under subsection (6) of this section, except for a person organising the handling of an explosive, a director of an explosives warehouse and an issuer of an explosive;
2) has restricted active legal capacity;
3) has been punished for a criminal offence in the first degree;
4) has been punished, pursuant to the information held in the punishment register, for an offence against the state or property or for an offence which was committed by using an explosive, a pyrotechnic article, ammunition or a firearm;
[RT I 2009, 69, 464 – entry into force 04.01.2010]
5) is wanted, or suspected or accused of an offence specified in clause 4) of this section.
[RT I 2009, 69, 464 – entry into force 04.01.2010]
(3) A direct handler of an explosive is required to undergo a medical examination before commencing employment (hereinafter prior medical examination), and further medical examinations administered at regular intervals during the time of employment (hereinafter routine medical examinations) in order to establish his or her state of health and suitability for work as a direct handler of an explosive.
(4) The state of health of a direct handler of an explosive shall conform to the established requirements for state of health. The conformity of the state of health with the established requirements for state of health shall be certified by a health certificate to that effect issued by a doctor.
(5) The costs related to a prior medical examination shall be covered by the person commencing employment, and the costs of a routine medical examination shall be covered by the employer.
(6) The requirements for the state of health of a direct handler of an explosive and the procedure for medical examination shall be established by the Government of the Republic.
[RT I 2006, 42, 319 – entry into force 15.10.2006]

§ 62.  Person organising handling of explosive

(1) A person organising the handling of an explosive is a person whose duty is to ensure the safe handling of and conforming trade in explosives by instructing the direct handlers of an explosive and co-ordinating their activities.
(2) A person organising the handling of an explosive shall:
1) be at least 21 years of age;
[RT I 2009, 69, 464 – entry into force 04.01.2010]
2) have professional preparation and at least one year of practical experience in blasting;
3) be acquainted with the legislation regulating the area of activity;
4) comply with the requirements provided for in section 61 of this Act;
5) conform to the requirements of competency, and it must be assessed and attested pursuant to the procedure provided for in section 69 of this Act and in legislation established on the basis thereof.
(3) Depending on the size of the enterprise, the number and qualification of the persons organising the handling of an explosive shall be such that safe handling of the explosive can be guaranteed. The internal organisation of work shall ensure the effective performance of the statutory obligations by a person organising the handling of an explosive.
[RT I 2006, 26, 191 – entry into force 01.08.2006]
(4) A person who holds a professional certificate of a blaster pursuant to which he or she may control and develop the activity of himself or herself and others may also operate as a person organising the handling of an explosive.
[RT I 2009, 69, 464 – entry into force 04.01.2010]

§ 63.  Blaster and senior blaster

(1) A blaster is a person who performs blasting operations. A blaster may only perform blasting operations under the supervision and instruction of a senior blaster.
(2) A senior blaster is a person who has the right to perform blasting operations independently.
(3) A blaster shall:
1) be at least 19 years of age;
2) have at least one year of work experience in work closely related to blasting in an enterprise engaged in blasting operations;
3) comply with the requirements provided for in section 61 of this Act;
4) conform to the requirements of competency, and it must be assessed and attested pursuant to the procedure provided for in section 69 of this Act and in legislation established on the basis thereof.
(4) A senior blaster shall conform to the requirements arising from subsection (3) of this section. A person may apply for a certificate of competency of a senior blaster after having worked as a blaster for one year, but not before reaching the age of 21 years.

§ 64.  [Repealed – RT I 2009, 69, 464 – entry into force 04.01.2010]

Division 2 Staff of Undertaking Handling Pyrotechnic Article 

§ 65.  Pyrotechnician

(1) A pyrotechnician is a person who has been issued a certificate of competency entitling him or her to organise a firework.
(2) A certificate of competency of a pyrotechnician must be held by a person who uses a category IV or T2 pyrotechnic article.
[RT I 2009, 69, 464 – entry into force 04.07.2010]
(3) A certificate of competency of a pyrotechnician may be obtained by a person who is at least 19 years of age, who has professional training and at least one year of work experience in work closely related to firework and knowledge to the extent which ensures the safety of firework. If a pyrotechnician is a person at least 21 years of age and he or she holds a certificate of competency of pyrotechnician pursuant to which he or she may control and develop the activity of himself or herself and others, he or she may also operate as a person organising the handling of a pyrotechnic article.
[RT I 2009, 69, 464 – entry into force 04.07.2010]
(4) A pyrotechnician shall undergo a medical examination pursuant to the procedure and under the conditions provided for in subsections 61 (3) to (5). The requirements for the state of health and the procedure for medical examination of a pyrotechnician shall be established by the Government of the Republic.
(5) A person who conforms to the provisions of subsection 61 (2) of this Act may work as a pyrotechnician.
[RT I 2009, 69, 464 – entry into force 04.07.2010]

§ 66.  Person organising handling of pyrotechnic article

(1) A person organising the handling of a pyrotechnic article is a person who is competent to ensure that the trade in pyrotechnic articles is carried out in conformity with the requirements, has sufficient knowledge for handling a pyrotechnic article in a safe manner, and undertakes to guarantee that a pyrotechnic article is handled in an enterprise in a conforming manner.
(2) An undertaking which is required to hold an activity licence specified in section 531 of this Act for handling a pyrotechnic article shall employ a person organising the handling of a pyrotechnic article.
[RT I 2009, 69, 464 – entry into force 04.07.2010]
(3) A person organising the handling of a pyrotechnic article shall be a person at least 21 years of age, he or she shall have relevant work experience and professional training, and he or she shall conform to the provisions of subsection 61 (2) of this Act.
[RT I 2009, 69, 464 – entry into force 04.07.2010]
(4) The conformity of the competence of a person organising the handling of a pyrotechnic article shall be assessed and attested pursuant to the procedure provided for in section 69 of this Act and in legislation established on the basis thereof.
(5) A person organising the handling of a pyrotechnic article shall:
1) provide instructions and consultations to the sellers of the pyrotechnic article to the extent that ensures conformity with the safety requirements;
2) ensure that a consumer is provided with information necessary for the use of the pyrotechnic article;
3) ensure that the trade in pyrotechnic articles is organised in adherence to the requirements provided for in legislation.

§ 67.  Seller of pyrotechnic article

(1) A seller of a pyrotechnic article is a person who is engaged in the retail trade, within the meaning of the Consumer Protection Act, of a pyrotechnic article to consumers.
(2) A seller of a pyrotechnic article shall:
1) comply with the lawful instructions of a person organising the handling of the pyrotechnic article;
2) if necessary, provide the consumer with appropriate information concerning the pyrotechnic article and its use;
3) observe the restrictions on sale prescribed by legislation and indicated on the package of the pyrotechnic article.
[RT I 2006, 42, 319 – entry into force 15.10.2006]

Division 3 Assessment and Attestation of Conformity of Person 

§ 68.  [Repealed – RT I 2009, 69, 464 – entry into force 04.01.2010]

§ 69.  Assessment and attestation of conformity of person

(1) For the purposes of this Act, assessment and attestation of conformity of a person is a procedure by which the conformity of the competence of a person is assessed and attested by way of issue of a relevant certificate of competency.
[RT I 2009, 69, 464 – entry into force 04.01.2010]
(2) The conformity of the competence of the persons specified in sections 62, 63, 65 and 66 of this Act (hereinafter responsible specialist) may be attested by a professional certificate issued on the basis of the Professions Act. The provisions of this Act concerning a certificate of competency shall also be applied with regard to a professional certificate.
[RT I 2009, 69, 464 – entry into force 04.01.2010]
(21) If a person has acquired a foreign professional qualification at a required level for the purposes of the Recognition of Foreign Professional Qualifications Act, the recognition thereof shall be subject to the Recognition of Foreign Professional Qualifications Act.
[RT I 2009, 69, 464 – entry into force 04.01.2010]
(3) The procedure for the assessment and attestation of the conformity of a person and the format for a certificate of competency shall be established by the minister responsible for the field.

§ 70.  Certificate of competency

(1) A certificate of competency is issued in proof of the conformity of a person’s competence. A certificate of competency grants the holder thereof the right to operate in the field of activity and within the limits of the competence specified in the certificate of competency.
(2) A certificate of competency is issued for a term of up to five years which may, at the request of the person, be repeatedly extended for a period of five years at a time, provided the person’s competence required for the area of activity has not changed.
(3) A holder of a certificate of competency shall undergo professional in-service training at least once within five years. The completion of such training constitutes the basis for the extension of the period of validity of the certificate of competency.
(4) A certificate of competency shall become invalid if the holder thereof has not commenced work in the area of activity indicated in the certificate of competency within one year after the issue of such certificate or if there has been a hiatus of more than two years in his or her activities in such area.
(5) The Technical Surveillance Authority shall revoke a certificate of competency if the holder thereof:
[RT I 2007, 66, 408 – entry into force 01.01.2008]
1) does not meet the requirements of this Act;
2) has handled an explosive or a pyrotechnic article while intoxicated or under the influence of a narcotic drug or a psychotropic or toxic substance;
3) has caused a serious consequence or grave damage through his or her negligence in an activity covered by the certificate of competency;
[RT I 2009, 69, 464 – entry into force 04.01.2010]
4) has repeatedly violated safety requirements or the requirements provided for in this Act or in legislation established on the basis thereof.
(6) In case of revocation of a certificate of competency under clauses (5) 2) to 4) of this section, a person cannot apply for a new certificate of competency within a period of three years as of the date on which his or her certificate of competency is revoked.

Chapter 10 REGISTRATION OF UNDERTAKING IN EXPLOSIVES SECTOR AND HANDLER OF PYROTECHNIC ARTICLE 
[Repealed - RT I, 25.03.2011, 1 - entry into force 01.07.2014 (jõustumine muudetud - RT I, 22.12.2013, 1)]

§ 71.  Publication of information concerning undertaking in explosives sector

[Repealed – RT I, 25.03.2011, 1 – entry into force 01.07.2014 (date of entry into force amended – RT I, 22.12.2013, 1)]
§ 72. – § 73. [Repealed – RT I 2009, 69, 464 – entry into force 04.07.2010]

Chapter 11 STATE SUPERVISION 

§ 74.  State supervision

[RT I, 13.03.2014, 4 – entry into force 01.07.2014]
(1) State supervision over the compliance with the requirements provided for in this Act and in legislation established on the basis thereof shall be exercised by:
1) the Technical Surveillance Authority;
2) police officers;
3) the Consumer Protection Board;
4) the Rescue Board;
5) the Tax and Customs Board.
(2) The Technical Surveillance Authority shall exercise state supervision over the compliance with the following requirements:
1) requirements set for explosives and pyrotechnic articles placed on the market (market supervision);
2) requirements set for notified bodies, undertakings in the explosives sector and handlers of pyrotechnic articles;
3) requirements set for the handling of explosives and pyrotechnic articles;
4) requirements set for objects involved in the handling of explosives.
(3) Police officers shall exercise state supervision over the compliance with the following requirements:
1) requirements set for the carriage of explosives and pyrotechnic articles on public roads;
2) requirements set for the security regime of explosives plants and warehouses;
3) requirements set for the use of pyrotechnic articles;
4) requirements set for points of sale of pyrotechnic articles and for the transfer of pyrotechnic articles.
(4) The Rescue Board shall exercise state supervision over the compliance with the requirements set for the fire safety in facilities where explosives and pyrotechnic articles are handled.
(5) The Consumer Protection Board shall exercise state supervision over the compliance with the requirements set for the retail sale of pyrotechnic articles.
(6) The Tax and Customs Board shall exercise state supervision over the compliance with the requirements set for the import of explosives from a third country and for the export of explosives to a third country.
[RT I, 13.03.2014, 4 – entry into force 01.07.2014]
§ 75. – § 79. [Repealed – RT I, 13.03.2014, 4 – entry into force 01.07.2014]

§ 80.  Special state supervision measures

[RT I, 13.03.2014, 4 – entry into force 01.07.2014]
(1) In order to exercise the state supervision provided by this Act, a law enforcement agency may apply the special state supervision measures provided for in sections 30, 31, 32, 49, 50, 51 and 52 of the Law Enforcement Act on the bases of and pursuant to the procedure provided by the Law Enforcement Act.
(2) In addition to the special supervision measures specified in subsection (1) of this section, police officers may, in order to exercise state supervision, also apply the special supervision measures provided for in sections 45, 46, 47 and 48 of the Law Enforcement Act on the bases of and pursuant to the procedure provided by the Law Enforcement Act.
[RT I, 13.03.2014, 4 – entry into force 01.07.2014]

§ 801.  Specifications of state supervision

(1) On the conditions provided for in section 50 of the Law Enforcement Act, a law enforcement agency may only enter places of handling of explosives or pyrotechnic articles.
(2) The procedure for the storage, transfer, preservation and transfer for destruction of an explosive and a pyrotechnic article which is confiscated, or transferred under section 4 of this Act or in the course of state supervision shall be established by the Government of the Republic by a regulation.
[RT I, 13.03.2014, 4 – entry into force 01.07.2014]

§ 802.  Rate of penalty payment

In the case of a failure to comply with a precept, an official exercising state supervision may apply substitutive enforcement or penalty payment pursuant to the procedure provided for in the Substitutive Enforcement and Penalty Payment Act. The upper limit of penalty payment is 640 euros in general, but in the case of an undertaking in the explosives sector it is 2600 euros.
[RT I, 13.03.2014, 4 – entry into force 01.07.2014]

§ 81.  Rights of official of the Technical Surveillance Authority exercising supervision

[Repealed – RT I, 13.03.2014, 4 – entry into force 01.07.2014]

§ 82.  Precept

[Repealed – RT I, 25.03.2011, 1 – entry into force 01.07.2014 (date of entry into force amended – RT I, 22.12.2013, 1)]

§ 83.  Decision

[Repealed – RT I, 25.03.2011, 1 – entry into force 01.07.2014 (date of entry into force amended – RT I, 22.12.2013, 1)]

§ 84.  Contestation of precept or act

[Repealed – RT I, 13.03.2014, 4 – entry into force 01.07.2014]

§ 85.  Check on explosive and pyrotechnic article

[Repealed – RT I, 13.03.2014, 4 – entry into force 01.07.2014]

Chapter 12 LIABILITY 

§ 86.  Violation of requirements for use and storage of explosive and pyrotechnic article

[RT I 2010, 31, 158 – entry into force 01.10.2010]
(1) Violation of the requirements for use or storage of an explosive or a pyrotechnic article, also disregard for the restrictions established on the use of an explosive or a pyrotechnic article
is punishable by a fine of up to 300 fine units.
[RT I 2010, 31, 158 – entry into force 01.10.2010]
(2) The same act, if committed by a legal person,
is punishable by a fine of up to 3,200 euros.
[RT I 2010, 22, 108 – entry into force 01.01.2011]

§ 861.  Use of explosives warehouse or explosives plant without permit to operate

(1) Operating an explosives warehouse or an explosives plant without a permit to operate it if a permit to operate is required
is punishable by a fine of up to 300 fine units.
(2) The same act, if committed by a legal person,
is punishable by a fine of up to 3,200 euros.
[RT I, 12.07.2014, 1 – entry into force 01.01.2015]

§ 862.  Violation of requirements for blasting

(1) Blasting without a blasting plan if a blasting plan is required
is punishable by a fine of up to 300 fine units.
(2) The same act, if committed by a legal person,
is punishable by a fine of up to 3,200 euros.
[RT I, 12.07.2014, 1 – entry into force 01.01.2015]

§ 87.  Violation of requirements for conveying pyrotechnic article or explosives to Estonia

[RT I, 12.07.2014, 1 – entry into force 01.01.2015]
(1) Conveying a pyrotechnic article to Estonia without notifying the Technical Surveillance Authority thereof, if such notification was required, and also conveying explosives to Estonia without an import licence
is punishable by a fine of up to 200 fine units.
[RT I, 12.07.2014, 1 – entry into force 01.01.2015]
(2) The same act, if committed by a legal person,
is punishable by a fine of up to 2,000 euros.
[RT I 2010, 22, 108 – entry into force 01.01.2011]

§ 88.  Violation of requirements for transfer of pyrotechnic article

(1) Transfer of explosives or pyrotechnic articles to a person who lacks such a right
is punishable by a fine of up to 300 fine units.
[RT I, 12.07.2014, 1 – entry into force 01.01.2015]
(2) The same act, if committed by a legal person,
is punishable by a fine of up to 2,000 euros.
[RT I 2010, 22, 108 – entry into force 01.01.2011]

§ 89.  Violation of requirements for maintenance of records

(1) Violation of the requirements for maintenance of records concerning trade in explosives or pyrotechnic articles
is punishable by a fine of up to 200 fine units.
(2) The same act, if committed by a legal person,
is punishable by a fine of up to 2,000 euros.
[RT I 2010, 22, 108 – entry into force 01.01.2011]

§ 90.  [Repealed – RT I 2009, 69, 464 – entry into force 04.01.2010]

§ 91.  Working without certificate of competency

Operation, without a certificate of competency required under this Act, in areas of activity where a certificate of competency is required
is punishable by a fine of up to 200 fine units.

§ 92.  Proceedings

(1) The body conducting extra-judicial proceedings pertaining to the misdemeanours specified in sections 86 to 91 of this Act is the Technical Surveillance Authority.
(2) The body also conducting extra-judicial proceedings pertaining to the misdemeanours specified in sections 86 and 88 of this Act is the Police and Border Guard Board.
(3) The Technical Surveillance Authority or a court may, pursuant to section 83 of the Penal Code, apply the confiscation of a substance or object which was the object used to commit or the direct object of misdemeanours specified in sections 86 to 88 of this Act, and the Police and Border Guard Board may apply the same regarding misdemeanours specified in sections 86 and 88 of this Act. The measures arising from subsection 85 (4) shall be applied to a confiscated explosive or pyrotechnic article.
[RT I, 12.07.2014, 1 – entry into force 01.01.2015]

Chapter 13 IMPLEMENTING PROVISIONS 

§ 93.  Transitional provisions

(1) Permits, licences, certificates, professional certificates, rules, instructions and other documents concerning the handling of and trade in explosives and pyrotechnic articles which were issued on the basis of legislation in force before the entry into force of this Act and which are not contrary to this Act are valid until the end of their term of validity but not for longer than five years after the entry into force of this Act.
(2) A person operating in an area of activity regulated by this Act for which an activity licence or registration was not required prior to the entry into force of this Act may operate without an activity licence or registration for a period of up to six months after the entry into force of this Act. A handler of a pyrotechnic article shall be registered in the register specified in subsection 71 (1) of this Act by 1 November 2004.
(3) A person operating in areas of activity regulated by this Act for which an activity licence was required pursuant to the procedure in force prior to the entry into force of this Act may continue to operate on the basis of such licence until the end of its term of validity. Such a person shall bring his or her activities into conformity with the requirements arising from this Act within one year as of the entry into force of this Act.
(4) In case of absence of the body granting a vocation, the functions of assessment and attestation of the conformity of persons provided by this Act shall be performed by the Technical Surveillance Authority, taking account of the provisions of this Act. A state fee is charged for acts performed by the Technical Surveillance Authority related to assessment and attestation of the conformity of a person.
[RT I 2009, 69, 464 – entry into force 04.01.2010]
(5) The state explosives register established on the basis of section 4 of the Explosives Act specified in section 96 of this Act is liquidated. The information in this register shall be permanently preserved at the Technical Surveillance Authority.
[RT I 2007, 66, 408 – entry into force 01.01.2008]
(6) Permits issued for the use of a pyrotechnic article prior to the entry into force of this Act shall be brought into conformity with this Act by 1 May 2005. The Technical Surveillance Authority shall review the permits for use of pyrotechnic articles and bring them into conformity with this Act.
[RT I 2007, 66, 408 – entry into force 01.01.2008]
(7) Pyrotechnic articles of classes I, II and III and of subclasses T1, T2 and T3 for the purposes of the Explosives Act valid on 3 July 2010 may be placed on the market in Estonia under a valid permit for use up to 4 July 2017.
[RT I 2009, 69, 464 – entry into force 04.01.2010]
(8) Under the provisions of the Explosives Act valid on 3 July 2010 the Technical Surveillance Authority may issue permits for use of pyrotechnic articles of subclasses T1, T2 and T3 up to 3 July 2013. In issuing a permit for use under this subsection, a category conforming to the valid Act shall be designated to the article.
[RT I 2009, 69, 464 – entry into force 04.01.2010]
(9) As of 4 July 2010 pyrotechnic articles divided into classes and subclasses under the previous regulatory framework shall be deemed pyrotechnic articles of the following categories:
1) class I – category I;
2) class II – category II;
3) class III – category III;
4) class IV – category IV;
5) subclass T1 – category T2;
6) subclass T3 – category P1.
[RT I 2009, 69, 464 – entry into force 04.01.2010]
(10) The Technical Surveillance Authority shall issue to undertakings having on 3 July 2010 in the economic activities register a valid registration of a handler of a pyrotechnic article and conforming to the requirements arising from this Act an activity licence in accordance with this Act by 1 November 2010 at the latest. No state fee shall be charged for the said operation.
[RT I 2009, 69, 464 – entry into force 04.01.2010]
§ 94. – § 96. [Omitted from this text.]

§ 97.  Entry into force of Act

(1) This Act shall enter into force on 1 May 2004.
(2) The provisions delegating authority for the establishment of a regulation of the Government of the Republic or a minister, and contained in this Act shall enter into force upon the publication of this Act in the Riigi Teataja.

1Council Directive 93/15/EEC on the harmonization of the provisions relating to the placing on the market and supervision of explosives for civil uses (OJ L 121, 15.05.1993, pp. 20–36); Directive 2007/23/EC of the European Parliament and of the Council on the placing on the market of pyrotechnic articles (OJ L 154, 14.06.2007, pp. 1–21); Commission Directive 2008/43/EC setting up, pursuant to Council Directive 93/15/EEC, a system for the identification and traceability of explosives for civil uses (OJ L 94, 5.04.2008, pp. 8–12). [RT I 2009, 69, 464 – entry into force 04.01.2010]
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