Appendix 1	Council Directive 93 /15/EEC of 5. April 1993 on the harmonization of the provisions on the placing on the market and control of explosives for civil use
Appendix 2	COMMISSION DIRECTIVE 2004 /57/EC of 23. April 2004
Appendix 3	Distance Claims

Publication of explosives 1)

In accordance with paragraph 1 (1), 5, and section 10 (10). 4, in the law of firearms and explosives, cf. Law Order no. 1316 of 26. November 2007 shall be determined :

Scope of application, etc.

§ 1. This notice regulates the explosive substances (explosive substances and explosive objects) listed in Class 1 of the United Nations recommendations concerning the transport of dangerous goods (United Nations Recommendations on Transport of Dangerous Goods), with the exception of munitions and pyrotechnicalities.

Paragraph 2. In the case of compatibility, the categorization of an explosive which, pursuant to Title 2.1.2 of the United Nations, concerning the transport of dangerous goods is used to determine the other explosive substances that may be transported ; With.

Paragraph 3. In the case of subclass, a categorization defined in section 2.1.1.4 of the United Nations recommendations concerning the transport of dangerous goods is used to describe the overall dangerous properties of an explosive.

Paragraph 4. For plastic explosives, explosives in bendable or elastic recording form, as described in the Annex to the Convention for the Convention, shall be as defined in the Annex to the Convention. 1 March 1991 on the labelling of plastic explosives for the purposes of detection, cf. Notice no. 63 of 26. August 1999.

EU regulation

§ 2. The provisions of Council Directive 93 /15/EEC of 5. April 1993 on the harmonisation of the regulations on the placing on the market and control of explosives for civilian use with future amendments is applicable here in the country. The Directive shall be listed in Annex 1 to the notice.

Paragraph 2. The provisions of Commission Directive 2004 /57/EC of 23. April 2004 on the identification of pyrotechnics and certain forms of ammunition pursuant to Council Directive 93 /15/EEC on the harmonization of the provisions on the placing on the market and control of explosives for civil use shall be applicable here in : landed. The Directive shall be published in accordance with Annex 2 to the notice.

Importation and manufacture

§ 3. Plastic explosives introduced or produced here in the country, cf. Article 1 (1) of the weapon and explosives. 1, shall comply with the requirements for labelling in the Convention of 1. 1 March 1991 on the labelling of plastic explosives for the purposes of detection, cf. Section 1 (1). 4.

Paragraph 2. In the case of concrete experiments at universities and higher education institutions and by governmental authorities, explosives may be produced in smaller quantities without authorisation. The exhibition must take place under the aegis of a person with the necessary professional qualifications. The explosive must subsequently be destroyed.

Negotion and marketing

§ 4. It is forbidden without the permission of the Commissioner to negotiate or to market explosives.

Paragraph 2. Permissions pursuant to paragraph 1. 1 comprises explosives which comply with the requirements of Directive 93 /15/EEC of 5. April 1993, cf. species. 2-4, species. 7 and Annexes I, II and IV, and the technical Annex to the Convention on 1. March 1991 on the labelling of plastic explosives for the purposes of revelation.

Retention

§ 5. It is forbidden without permission from the police director to keep explosives.

Paragraph 2. Explosive explosives must be stored in a place that is inaccessible to them.

Paragraph 3. Explosives must be stored so that they are not exposed to shock, friction, heating or other exposure which may cause them to explode or burn, and in an environment which does not deform the ageing of the explosive victims or otherwise causes the explosion ; changes in their properties.

Paragraph 4. Containment of explosives must not take place in homes or accommodation, including sub-basement and attic rooms, trailers, garages and houses, etc. used for accommodation. The same applies to rooms that are groumertogether with accommospaces.

Paragraph 5. Notwithstanding paragraph 1 4 in dwellings, accommodation spaces and rooms which are groused with accommodation spaces may be stored up to 2 kg of smoke-gunned gunpowder (subclass 1.3). If several persons have permission to keep smoke-guard gunpowder at the same address and the total storage of the collected stored each person shall keep his powder in a separate room for more than 2 kilograms each person. Walls and doors in the room shall have a fire integrity of at least 60 minutes. Doors shall be kept closed when there is no one present in the room.

Paragraph 6. Explosive explosives must be stored in closed original transport packages. The packaging services may only be opened in the case of the procurement of specimens. Any possible waste must be removed immediately and destroyed.

§ 6. For the storage of up to 500 g of explosive in subclass 1.1, 1.2, 1.5 and 1.6, and for the storage of up to 5 kg of explosive in subclasses 1.3 and 1.4, apply in addition to the provisions of section 5 :

1) A vault or locker must be used for at least EN 1143-1 grade 0 or equivalent security level. The safety deposit boxes or the weight of less than 1000 kilograms shall be suitably attached to the floor, wall or the like.

2) The box or locker must be kept unlocked when no explosives are inserted or taken.

3) Subclasses in other subclasses other than 1.4 and compatible groups may be stored only in conjunction with other explosives if they are separated by a distance of 100 mm air and a steel plate or with a distance of 100 mm air and a 10 mm apart Tree plate.

4) Containment must be carried out at a distance of at least 5 m from neighbouring and weighted, unless there are smoke and weeds in a quantity not exceeding 2 kg.

5) No flammable liquids, F-gas or other flammable liquids shall be found in the same compartment as explosives.

6) In the box or closet door, a clear and durable security sign, prohibiting tobacco smoking and the use of open fire, which meets the requirements of the Safety Separation and other signalling of the Safety Separation and other forms of signalling shall be set up.

§ 7. For the storage of more than 500 g of explosive in subclass 1.1, 1.2, 1.5 and 1.6, or more than 5 kg of explosive in subclass 1.3 and 1.4 at one address, cf. however, paragraph 1 In addition to the provisions of section 5, the following shall apply :

1) The storage facility must be approved by the police.

2) The security safekeeping for the storage listed in Annex 3 must be fulfilled.

3) A vault level shall be used with a security level equivalent to an approval in at least EN 1143-1 grade 1 or a security system approved in at least EN 1143-1 grade 1 or equivalent security level. A weight of less than 1 000 kg shall be responsible for the weight of the floor, wall or the like.

4) The vault room or locker must be kept unlocked when it is not inserted or extravapused.

5) The storage facility must be effectively secured against theft, including with automatic break-in-alarm systems from which an alarm is part of the control centre of the Code of National Police and the State of the Code.

6) The storage unit may not be used for other storage purposes.

7) Explosives in one compatibility group must be stored in only with explosives and other concivings in other compatibility groups in the following cases :

a) Explosive substances in the compatibility group S may be stored in conjunction with explosives and ammunition in all other compatible groups other than A and L.

b) Explosive substances in the compatibility groups C, D and E may be stored in conjunction with other explosives and ammunition in these compatibility groups.

8) Electrical installations in storeroom, which may appear to be deposits of unpackaged explosive in powder form, must be designed for use in the explosive area, zone 22, temperature-grade T4, in accordance with the Boligminiature (now the Ministry of Economic and Commercial Ministry) notices about electrical equipment and electrical security systems for use in explosive atmospheric atmospheres.

9) Engine order (s), including trucks used in storage rooms in which the deposits of unpackaged explosive material may occur in powder form, must be designed for use in the explosive area, zone 22, temperature-class T4, compliance with the Executive Ministry of the Ministry of Economic and Economic Affairs (Economic and Business Ministries) on electrical equipment and electrical security systems for use in explosive atmospheres, as well as the announcement of the technical equipment of the Work in the Estate ; aid for use in explosive atmospheres.

10) In storeroom and exterior on all doors and unlayers of the free warehouse, clear and sustainable security signs with a ban on smoking and the use of open fire and warning of explosive substances which comply with the requirements of : The notice of security signs and other forms of signalling shall be announced by the Employment-7.

11) Fire-extinguishing equipment shall be established in accordance with the municipal emergency response capability.

Paragraph 2. In the storage of smoke gunpowder, in accordance with section 5 (5). In paragraph 6, the provisions of section 6 shall apply, regardless of whether the total amount of smoke-whacked powder in one address exceeds 5 kg.

Transfer

§ 8. Transfer (any physical movement by the exception of relocations within the same plant) of explosives in Denmark shall be prohibited without the permission of the commissioner.

Paragraph 2. The preservation of explosives in the context of a transport cycle for up to 48 hours in context, however 60 hours in the context of the freight terminal, shall be subject to constant supervision. Containment during continuous duration of duration and regular provisional recommendation shall be in accordance with the rules laid down in section 5 to 7.

Acquisitions and applications

§ 9. It shall be prohibited without the permission of the Commissioner to acquire or use explosives.

Paragraph 2. For the use of explosives, the following shall apply :

1) Explosives tasks may only be carried out by persons with the necessary technical knowledge for this purpose, cf. § 12, paragraph 1. 3.

2) Explosives shall be carried out in such a way as to cause no harm to persons, buildings and installations, etc.

3) In the case of demolition work, only the quantity of explosives necessary for the execution of the day's demolition work shall be brought into line.

4) Invasive explosives must be under constant supervision. It must also be ensured that they do not have access to the explosives.

5) Unused explosive and explosive residue from explosives shall be transferred to a container that satisfies the provisions of section 5 to 7, or be destroyed.

Explosive list of explosives

§ 10. Any natural or legal person has a duty to carry out an inventory and exit of explosive substances. The indication shall also contain information on the storage of explosives. In addition, the person who is in possession of explosives shall be stated in addition to those who are in possession of explosives at all times.

Paragraph 2. Information is kept for at least three years from the end of the calendar year in which the recorded transaction took place. If the company is no longer running business, the information must immediately be handed over to the step-police.

Paragraph 3. At the end of each calendar year, copies of the paragraph shall be submitted in paragraph 1. Paragraph 1 shall be listed in respect of the calendar year concerned.

Paragraph 4. In any case, the information must be made available immediately at the request of the Ministry of Justice or the police.

Common provisions

§ 11. Imports, manufacture, negotiation, placing on the market, storing, transfer, acquisition, acquisition and use of explosives must be carried out in a responsible manner, in such a way that damage to life, health, the environment or material values is prevented.

Paragraph 2. Explosive substances must be left to persons who may present the required authorization.

Paragraph 3. The abduction of explosives must be notified immediately to the police.

§ 12. Permissions after this notice may only be notified to persons, including legal persons who have a reasonable interest in the authorisation of explosives, and only for commercial use, cf. however, paragraph 1 5, and section 14 (4). 3.

Paragraph 2. Authorisation of explosives may only be granted to persons who can present proof of the implementation of one of the Ministry of Justice approved basic course in explosives, or which may, in any case, be able to demonstrate the necessary technical knowledge. Persons who have acquired their professional knowledge abroad must be aware of the Danish rules on explosives.

Paragraph 3. Authorisation for explosives may be granted only if information is not available, including information relating to personal matters and hitherto in the habit of granting authorisation of such information. Permissions cannot be granted to persons under 18 years of age.

Paragraph 4. Legal persons shall designate a natural person who, together with the legal person, shall be responsible for compliance with the explosives regulations. The natural person shall fulfil the conditions laid down in paragraph 1. Two and three. The conditions laid down in paragraph 1 shall comply with the conditions laid down in paragraph 1. 3.

Paragraph 5. The application for authorization to smoke gunpowder powder, trappers and black powder to recharge of the munitions and manufacture of the projectiles shall be treated in accordance with the rules of the Ministry of Justice for the purpose of the weapons and munitions, etc.

§ 13. The Ministry of Justice and the commissioner may, in authorisations, be granted in accordance with the provisions of Article 1 (1) of the firearms and explosives law. 1, no. 5, and this notice, establish additional conditions for security purposes.

Pensation

§ 14. The Commissioner may, in exceptional circumstances, grant an exemption from the requirements of sections 6, 7 and 9 (4). 2, cf. however, paragraph 1 2.

Paragraph 2. Pensation from the sections referred to in section 7 (3). 1, no. 2, mentioned safety distances requires the applicant to demonstrate at risk of a risk analysis that the container is defensible. The police shall submit applications for a derogation from the Safety Distance Safety Distance for the Approval of the Disaster Recovery Board.

Paragraph 3. In exceptional cases, the Danish National Police may grant private persons permission to acquire, use, store and transfer explosives.

Penalty and entry into force

§ 15. With fine, maximum imprisonment for four months, or under a cumbent circumstance, penitential imprisonment for 2 years shall be penalised by the person who is in breach of sections 2 to 7, sections 8-11 and 12 (1). 4.

Paragraph 2. In the same way, it is penalised that violates a condition for an authorization drawn up pursuant to this notice.

Paragraph 3. Companies can be imposed on companies. (legal persons) punishable by the rules of the penal code cap. 5.

§ 16. The announcement shall enter into force on 1. November, 2008.

Paragraph 2. Publication no. 601 of 30. June 1994 on explosives and device no. 93 of 22. In May 1899 on the conditions of precaution to be observed in the carriage of certain exploding substances, the Regulation shall be repealed.

Paragraph 3. Permissions issued in accordance with the notice No 601 of 30. In June 1994 on explosives, the validity of explosives shall remain valid until they expire.

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Appendix 1

Council Directive 93 /15/EEC of 5. April 1993 on the harmonization of the provisions on the placing on the market and control of explosives for civil use

Preamble and notereferences are omitted.

CHAPTER I

General provisions

ARTICLE 1

1. The Directive covers explosives as defined in paragraph 1. 2.

2. In the case of explosives, materials and articles shall be deemed to be such in the United Nations recommendations concerning the transport of dangerous goods (United Nations Recommendations on Transport of Dangerous Goods) and are listed in Class 1 thereof.

3. The directive does not include :

4. For the purposes of this Directive,

5. The directive does not prevent Member States from defining certain substances which are not covered by this Directive, which are in the case of explosive substances under national law.

CHAPTER II

Harmonisation of the legislation on explosives

ARTICLE 2

Member States shall not prohibit, restrict or impede the placing on the market of explosives falling within the scope of this Directive and which comply with the requirements of this Directive.

Member States shall take the necessary measures to ensure that explosives falling within the scope of this Directive can only be placed on the market in the Community if they comply with all the provisions of this Directive if they are to be fulfilled ; have the mark of Community labelling as provided for in Article 7 and where they have been subjected to conformity assessment according to the procedures laid down in Annex II.

Article 3 (3) when the scope of explosives falling within the scope of this Directive is covered by other Directives covering other aspects and containing provisions on Community labelling, this indicates that the goods are also considered to comply with the provisions of these other directives that apply to them.

ARTICLE 3

Explosive explosives falling within the scope of this Directive must comply with the essential safety requirements set out in Annex I, which apply to them.

ARTICLE 4

1. Member States consider explosives falling within the scope of this Directive in order to meet the essential safety requirements referred to in Article 3 when they are in accordance with the national standards adopted to : the implementation of the harmonised standards, the references of which are published in the Official Journal of the European Communities. Member States shall publish the references of the national standards adopted for the implementation of the harmonized standards.

The Commission shall explain the work of the harmonized standards in its report to the European Parliament and the Council on the application of Directive 83 /189/EEC, as referred to in Article 11 (1). 2, in that Directive.

Article 5

If a Member State or the Commission finds that the harmonized standards set out in Article 4 do not fully meet the essential requirements of Article 3, the Commission or the Member State shall, in the name of the explanatory statement, matter, the matter for the Standing Committee, the matter for which the reasons are : reduced by Directive 83 /189/EEC. The Committee shall deliver its opinion immediately

On the basis of this opinion, the Commission shall notify the Member States of the measures to be taken with regard to the standards and their publication, cf. Article 4.

ARTICLE 6

1. The following procedures are available for certification of the conformity of the explosives test :

Member States shall communicate to the Commission and the other Member States of the bodies they have designated to carry out the abovementioned conformity assessment as well as the specific tasks to which these bodies have been appointed ; and the identification numbers assigned to them by the Commission.

The Commission shall publish in the Official Journal of the European Communities the list of notified bodies and their identification numbers and the tasks to which they are authorized. It shall carry out the updating of this list.

Member States shall apply the minimum criteria set out in Annex III for the evaluation of the bodies to be authorised. Bodies meeting the evaluation criteria in equivalent harmonized standards shall be considered to meet the relevant minimum criteria.

A Member State which has notified a body shall withdraw the authorization if it finds that the body no longer satisfies the criteria referred to in the second subparagraph. It shall immediately inform the other Member States and the Commission thereof.

Article 7

The EC conformity marking shall be affixed in a visible, legible and so that it cannot be deleted, on the explosives or on a label plate on these. The label must be designed in such a way that it cannot be reused.

Annex IV contains the model to be used for the EC marking.

2. It shall be prohibited to affix the marks or indications of explosives which may bring third parties as regards the graffles or significance of the Community labelling. However, other markings may be placed on the explosives if they do not make the Community label less visible and legible.

3. Without prejudice to Article 8 :

ARTICLE 8

1. If a Member State ascertains that a explosives bearing EC conformity marking and used in accordance with its purpose constitutes a risk to safety, it shall take the necessary provisional measures to withdraw the said product ; explosives withdrawn from the market and prohibit its placing on the market or free circulation.

The Member State shall forthwith inform the Commission thereof, indicating the reasons for this, in particular on the question of whether or not the failure to conform is :

The Commission shall initiate a consultation with the interested parties as soon as possible. If the Commission then ascertains that the measures are justified, it shall immediately inform the Member State which has taken the initiative and the other Member States accordingly. If the Commission finds that the measures are not justified, it shall immediately inform the Member State which has taken the decision.

In the special case where they are in the case of paragraph 1. The said measures shall be justified by a lack of standards, shall, after consulting the parties concerned, the matter for the Standing Committee set up by Directive 83 /189/EEC within two months of the time limit for a period of two months, if the Member State which, If the measures have been taken, it intends to maintain them and shall follow the procedure referred to in Article 5.

3. If an explosive that does not comply with the requirements is afloat with EC conformity marking, the Member State shall take the necessary measures to the person issuing the declaration and shall inform the Commission and the others ; Member States thereof.

CHAPTER III

Provisions concerning the movement and control of explosive substances in the Community

Article 9

1. Explosives covered by this Directive may only be transferred in accordance with the procedure laid down in paragraph 1. Two to nine.

2. Control pursuant to Community law or national law of the transfer of explosives in accordance with this Article shall no longer be carried out at internal borders, but only as part of the usual checks, which shall be carried out without discrimination ; all over the Community territory.

3. In order to be able to transfer explosives, the buyer must have a transfer permit from the competent authority at the office of destination. The competent authority shall consignee that the consignee is legally empowered to acquire explosives and that he is in possession of the necessary authorisations. The transfer of explosives through the territory of one or more Member States shall be notified by the competent authorities of this or of those Member States responsible for the transfer of the transfer.

4. If a Member State considers that there are problems with the one in paragraph 1. This Member State shall, without delay, submit to the Commission the information available to the Commission, which shall forthwith submit to the Committee referred to in Article 13, which shall be communicated to the Commission.

5. If the competent authority at the office of destination permits the transfer, it shall issue it to the consignee a document confirming this authorisation and which contains all the information referred to in paragraph 1. 7. This document shall accompany the explosives for the destination in which it is determined. It must be presented to the competent authorities as required. A copy of the document shall be kept by the consignee who, at the request of the competent authority, shall be held at the office of destination.

The competent authority of a Member State considers that special public safety requirements such as those referred to in paragraph 1 shall be as appropriate. 7 shall not be necessary to transfer explosives via the territory of that Member State or part of its territory without prior notification in accordance with paragraph 1. 7. The competent authority of the office of destination shall, in such a case, issue a transfer permit, valid for a given period, but which may be suspended or withdrawn at any time by reason of reasoned decision. The one in paragraph 1. In the case of the document accompanying the explosives to the office of destination, only one reference to the abovementioned transfer permit shall be referred to in 5.

7. Requires the transfer of explosives special checks to establish whether they meet the special public safety requirements throughout or part of the territory of a Member State, the recipient before the transfer of the information to it ; the competent authority at the office of destination :

The competent authorities at the office of destination shall examine the conditions under which the transfer is to take place, in particular with regard to particular requirements as regards public safety. Where such special requirements are fulfilled in respect of national security, the transfer shall be permitted. In transit through the territory of the other Member States, these shall examine the same information as to the transfer and approve them.

Article 8, subject to the usual checks carried out by the Member State of departure in its territory in accordance with this Directive, the beneficiaries and operators shall send all the relevant information available to them at the request of the competent authorities concerned ; in respect of transfers of explosives, to the authorities of the Member State of departure and in the Member State of transit.

9. No vendor can transfer explosives unless the recipient has obtained the necessary authorizations for this purpose in accordance with the provisions of paragraph 1. 3, 5, 6 and 7.

Article 10

1. Ammunition may only be transferred from one Member State to another, where the following procedure is used. These provisions shall also apply to the transfer of munitions in respect of mail order sale.

In the case of transfers of ammunition to another Member State, they shall notify the Member State of the relevant munitions, in the case of :

The information contained in the last two indents shall be reported when it is a transfer between the arms manufacturers / traders. The Member State shall examine the conditions under which the transfer is to take place, in particular in the interests of public safety. If the Member State authorises this transfer, the Member State shall issue a permit containing all the particulars referred to in the first subparagraph. This authorisation shall accompany the ammunition until the place of destination ; it must be presented at the request of the competent authorities of the Member States.

3. Each Member State may, without prior authorisation, cf. paragraph 2, grant arms manufacturers / dealers the right to transfer ammunition from its territory to an arms dealer who is set up in another Member State. For this purpose, it shall issue an authorization not exceeding three years, which may at all times be withdrawn or cancelled on a reasoned decision. A document referring to this authorization shall accompany the ammunition until the office of destination ; this document shall be presented at the request of the competent authorities of the Member States.

Before the transfer, the arms manufacturers / dealers shall inform the authorities of the Member State from which the transfer is to be carried out, all the information referred to in paragraph 1. Number two, first paragraph.

4. Each Member State shall send the other Member States a list of the types of ammunition which, without the prior consent of that Member State, may be transferred to its territory.

The records of ammunition shall be communicated to the arms manufacturers / traders who are authorized to transfer ammunition without prior authorisation in accordance with the procedure laid down in paragraph 1. 3.

5. Each Member State shall transmit all relevant information to the Member State in respect of the final transfers of ammunition to the Member State to the territory of which the transfer is made.

The information received by Member States under the procedures provided for in this Article shall be communicated to the Member State of destination before the Member State of destination and, where appropriate, no later than the start of the transit procedure to the transit Member States.

Article 11

Notwithstanding Article 9 (2), Whereas 3, 5, 6 and 7 and Article 10 may, in the event of serious threats or attacks on public safety as a result of the possession or use of explosives or ammunition covered by this Directive, any Member State may take all necessary ; measures with regard to explosives or ammunition in order to prevent this illegal possession or use.

These measures must respect the principle of proportionality. They must not constitute a means of concealed discrimination or a disguised restriction of trade between Member States.

Any Member State which takes such measures shall forthwith inform the Commission thereof. The Commission shall inform the other Member States.

CHAPTER IV

Other provisions

Article 12

1. Not later than 30. In June 1993, Member States shall establish a network for the exchange of information for the purposes of this Directive ; they shall inform the other Member States and the Commission of the national authorities responsible for submitting and receiving ; information and for the completion of the formalities laid down in Articles 9 and 10.

2. The provisions of Regulation (EEC) No, The provisions of 1468/81, particularly those concerning confidentiality, shall apply mutatis mutis to this Directive.

ARTICLE 13

1. The Commission shall be assisted by a committee composed of representatives of the Member States and chaired by the representative of the Commission.

The committee shall examine any issue relating to the application of this Directive, which its chairman may raise either on his own initiative or at the request of the representative of a Member State.

The representative of the Commission shall submit to the Committee a draft of the measures to be taken. The Committee shall deliver its opinion on this draft within a time limit which the chairman may lay down according to the urgency of the matter. The opinion shall be delivered by the majority laid down in Article 148 (1) of the Treaty. Amendment No 2, in the case of decisions which the Council is required to adopt on a proposal from the Commission. The votes of the representatives of the Member States within the committee shall be weighted in the manner set out in that Article. The chairman shall not vote.

The Commission shall adopt measures which shall apply immediately. However, if they are not in accordance with the opinion delivered by the Committee, the Council shall be informed forthwith of the Commission of these measures. In such cases, the Commission shall be subject to the implementation of the measures it has decided for a period of three months from the date of notification.

The Council, acting by a qualified majority, may take a different decision within the time limit referred to in the second subparagraph.

The procedure referred to in paragraph 1 shall be 2 shall be used in particular in order to take account of future amendments to the recommendations of the United Nations.

ARTICLE 14

The Member States shall provide up-to-date information on operators authorised to carry out the operations referred to in Article 1 (1). The activities referred to in paragraph 4 shall be made available to the other Member States and to the Commission.

Member States shall ensure that these operators have a system that makes it possible to keep accounts of the persons who are in possession of explosive explosives at all times. The conditions for the implementation of this Title shall be determined in accordance with the committee procedure referred to in Article 13.

Operators keep a register of their transactions so that they can comply with the requirements of this Article.

The documents referred to in this Article shall be kept for a period of at least three years from the end of the calendar year in which the recorded transaction took place, regardless of whether the company may no longer run business. The documents must be made available immediately for any checks at the request of the competent authorities.

Article 15

Member States shall ensure that the explosives are provided with appropriate labelling.

Article 16

Where a Member State permits the manufacture of explosives, it shall, in particular, check the ability of those responsible to ensure compliance with the technical obligations they undertake.

CHAPTER V

Final provisions

Article 17

Each Member State shall lay down the penalties to be applied in the event of infringement of the implementing rules for this Directive ; these penalties shall be sufficiently stringent in order to encourage compliance with the provisions.

Article 18

Each Member State shall, within the framework of its internal legislation, adopt the measures necessary for the competent authorities to seize any product falling within the scope of the Directive, if available ; sufficient evidence that such a product will be acquired, used or negotiated illegally.

Article 19

Member States shall bring into force the necessary provisions in force to comply with Articles 9, 10, 11, 12, 13 and 14 before 30. September 1993.

2. Member States shall adopt and publish before the 30. June 1994, the laws, regulations and administrative provisions necessary to comply with the provisions not mentioned in paragraph 1. 1. They shall forthwith inform the Commission thereof.

They shall apply these provisions from 1. January 1995.

Member States shall adopt the Member States in accordance with paragraph 1. In the case of 1 and 2, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by the Member States.

Member States shall, however, permit the placing on the market until 31. In December 2002, of explosives, in accordance with the national legislation applicable before 31 December of the year, December 1994.

Member States shall communicate to the Commission the text of the provisions of national law which they adopt in the field of this Directive.

Article 20

This Directive is addressed to the Member States.

Done at Luxembourg, 5. April 1993.

For the Council

J. TRENDING.

BORS

ANNEX I

ESSENTIAL SECURITY REQUIREMENTS

YOU. General requirements

1. Each explosive must be designed, manufactured and delivered in such a way that it constitutes a minimal risk to human life and health and to avoid damage to property and the environment in conditions which are normally likely to occur, particularly as far as areas concerned are concerned ; safety standards and normal practices, including during the period prior to use.

2. Each explosive must have the performance characteristics specified by the manufacturer in order to ensure maximum security and reliability.

3. Each explosive must be designed and manufactured in such a way as to be able to be destroyed by the use of suitable technology with the least possible environmental effects.

II. Special requirements

1. The following information and characteristics must be taken into account. Each explosive must be tested under realistic conditions. If this is not possible in a laboratory, the test must be carried out under the conditions under which the explosive shall be used.

2. The different categories of explosives must at least comply with the following requirements :

A. Explosives

B. Detonations, safety and ignition unter and shock tubes

C. Detonators (including delay detonators)

D. Driving agents and rocket propelts

ANNEX II

1) MODULE B : EC type-examination

1. This module describes the part of the procedure whereby a notified body ascertains and certifies that a sample which is representative of the production concerned satisfies the requirements of the Directive which apply to it.

2. Request for EC type-examination shall be submitted by the manufacturer or his authorised representative established within the Community with a notified body of his choice.

The request shall contain :

The applicant shall present a sample which is representative of the production concerned and, as referred to as hereinafter referred to as ' type `, at the disposal of the notified body. The notified body may request additional sample if necessary for the purposes of the implementation of the test programme.

3. The technical documentation must enable the conformity of products with the requirements of the Directive to be assessed, to the extent to which it is necessary for the assessment, it must include the design, manufacture and operation of the product and contain the following :

4. The notified body :

4.1. examines the technical documentation, verifies that the type has been manufactured in accordance with this and determines which elements are designed in accordance with the relevant provisions of the standards referred to in Article 4, and which elements are designed without the application of the relevant provisions of these standards ;

4.2. shall carry out or carry out the necessary examinations and tests to check whether the manufacturer ' s solutions meet the essential requirements of the Directive in cases where the standards referred to in Article 4 have not been applied ;

4.3. carrying out or carrying out the necessary examinations and tests to check whether the relevant standards have actually been applied in cases where the manufacturer has chosen to use them ;

4.4. Agreements with the applicant where the examinations and the necessary tests must be carried out.

In the case of the type of application of this Directive, the notified body must issue an EC type-examination certificate to the applicant. The certificate must include the name and address of the manufacturer, the results of the examination and the necessary data for identification of the approved type.

A summary of the relevant parts of the technical documentation shall be annebated to the certificate and a copy shall be retained by the notified body.

If the notified body refuses to issue a type-examination certificate to the manufacturer or his authorized representative established within the Community, it shall provide a detailed account of the reasons for this.

A procedure shall be established.

6. The applicant must notify the notified body which stores the technical documentation relating to the EC type-examination, of any modification of the approved product ; the product must be approved for re-examination if such changes may affect conformity ; with the essential requirements or the conditions required for the use of the product. This additional approval is given in the form of a supplement to the original EC type-examination certificate.

7. Each notified body must communicate to the other notified bodies the relevant information concerning issued or withdrawn EC type-examination certificates and additions.

8. The other notified bodies may obtain a copy of the type-examination certificates and / or the additional options. The annexes to the certificates shall be made available to the other notified bodies.

The manufacturer or his authorised representative established within the Community must also keep in addition to the technical documentation a copy of the EC type-examination certificate and any attachment to it for at least 10 years from the date of the manufacture of the manufacture of the EC type-examination certificate ; the product.

Where neither the manufacturer nor his authorized representative is established in the Community, the obligation to present the technical documentation shall be the responsibility of the person responsible for placing the product on the market in the Community.

2) MODULE C : Type Conformity

1. This module describes the part of the procedure whereby the manufacturer or his authorized representative established within the Community ensures and declares that the explosives in question are in accordance with the type as described in the EC type-examination certificate and the manufacturer must affix the CE mark to each explosive device and draw up a written declaration of conformity.

2. The manufacturer must take all measures necessary to ensure that the manufacturing process ensures that the manufactured products conform to the type as described in the EC type-examination certificate and with the requirements of this Directive.

3. The manufacturer or his authorized representative must keep a copy of the declaration of conformity for at least 10 years from the date of the manufacture of the product.

Where neither the manufacturer nor his authorized representative is established in the Community, the obligation to present the technical documentation shall be the responsibility of the person responsible for placing the product on the market in the Community.

4. A notified body, selected by the manufacturer, carries out or retests the products with a changing space. The notified body must take an appropriate sample to check the finished products and carry out tests as referred to in the appropriate standard (s), cf. Article 4 or equivalent tests, in order to check whether production meets the requirements of the Directive in question, if one or more products not comply with the requirements, the notified body shall take the necessary measures.

Under the responsibility of the notified body, the manufacturer must affix the identification mark during the course of the manufacturing process.

3) MODULE D : Quality assurance of production

1. This module describes the part of the procedure whereby a manufacturer who satisfies the requirements of section 2 ensures and declares that the explosives in question are in accordance with the type as described in the EC type-examination certificate and satisfies the requirements ; in this Directive, affixing the CE mark to each explosive and draw up a written declaration of conformity. The CE mark shall be accompanied by the identification mark applied by the notified body responsible for the checks referred to in paragraph 4.

2. The manufacturer must operate an approved quality system for the production and carrying out checks and tests of the finished appliances as described in point 3. He shall be subject to the checks provided for in point 4.

3. Quality system

3.1. The manufacturer must submit an application for assessment of the quality system for the products in question to a notified body of his choice.

The application shall include :

3.2. The quality system must ensure that appliances are in accordance with the type as described in the EC type-examination certificate and with the relevant requirements of the Directive.

All the conditions, requirements and provisions for which the manufacturer has taken into account shall be documented in a systematic and manageable manner in a written review of precautions, procedures and instructions. This quality system documentation must ensure that quality programmes, plans, manuals and registers are interpreted equally.

In particular, the statement shall contain an adequate description of :

3.3. The notified body must assess the quality system to determine whether it satisfies the requirements referred to in 3.2. The organism must assume that these requirements are met if the quality systems follow the harmonised standard in the area. The auditing team shall include at least one member with experience of assessing the product technology concerned. The assessment procedure shall include a visit to the manufacturer ' s premises.

The decision must be notified to the manufacturer. The notification shall contain the results of the examination and the reasoned assessment decision.

3.4. The manufacturer must undertake to fulfil its obligations under the quality system as approved and to maintain it in such a way as to keep it appropriate and effective.

The manufacturer or his authorized representative must inform the notified body which has approved the quality system informed of any intended modification of the quality system.

The notified body must assess the proposed changes and decide whether the amended quality system still satisfies the requirements referred to in 3.2 or whether a re-evaluation is necessary.

The notified body must notify the manufacturer. The notification shall contain the results of the examination and the reasoned assessment decision.

4. Monitoring under the responsibility of the notified body

The purpose of Community control is to ensure that the manufacturer fully complies with its obligations under the approved quality system.

4.2. The manufacturer must allow the notified body access to inspect the production, control, testing and storage facilities, and provide it with all necessary information, including :

4.3. The notified body must carry out periodic inspection visits to ensure that the manufacturer maintains and applies the quality system ; it must issue a report to the manufacturer.

4.4. Additionally, the notified body may pay unannounced visits to the manufacturer. During such visits, it may or may carry out tests to check whether the quality system functions properly ; it shall issue a visit report, and, if appropriate, a test report to the manufacturer.

5. The manufacturer must, for at least 10 years from the date of the manufacture of the product, be able to submit to the national authorities :

6. Each notified body must communicate to the other notified bodies the relevant information concerning the quality system approvals issued or withdrawn.

4) MODULE E : Quality assurance of products

1. This module describes the procedure whereby a manufacturer who satisfies the provisions of point 2 ensures and declares that the explosives in question are in accordance with the type as described in the EC type-examination certificate. The manufacturer must carry out the Community labelling on each explosive and draw up a written declaration of conformity. The identification symbol shall be accompanied by the identification symbol of the notified body responsible for the checks referred to in paragraph 4.

2. The manufacturer must operate an approved quality system for final checks and testing of the explosives as described in point 3. He shall be subject to the checks provided for in point 4.

3. Quality system

3.1. The manufacturer must submit an application for assessment of the quality system for the explosives to a notified body of his choice.

The application shall include :

3.2. The quality system shall examine each explosive and shall be carried out in accordance with the appropriate standard (s) of the relevant standard (s), cf. Article 4, or equivalent tests, to ensure that the product meets the relevant requirements of the Directive. All the conditions, requirements and provisions for which the manufacturer has taken into account shall be documented in a systematic and manageable manner in a written review of precautions, procedures and instructions. This quality system documentation must ensure that quality programmes, plans, manuals and registers are interpreted equally.

In particular, the statement shall contain in particular a full description of :

3.3. The notified body must assess the quality system to determine whether it satisfies the requirements referred to in 3.2. The organism must assume that these requirements are met if the quality systems follow the harmonised standard in the area.

The auditing team shall include at least one member with experience of assessing the product technology concerned. The assessment procedure shall include a visit to the manufacturer ' s premises.

The decision must be notified to the manufacturer. It shall contain the results of the examination and the reasoned assessment decision.

3.4. The manufacturer must undertake to fulfil its obligations under the quality system as approved and to maintain it in such a way as to keep it appropriate and effective.

The manufacturer or his authorized representative must inform the notified body which has approved the quality system informed of any intended modification of the quality system.

The notified body must assess the proposed changes and decide whether the amended quality system still satisfies the requirements referred to in 3.2 or whether a re-evaluation is necessary.

The notified body must notify its decision to the manufacturer. The notification shall contain the results of the examination and the reasoned assessment decision.

4. Monitoring under the responsibility of the notified body

The purpose of the control is to ensure that the manufacturer fully complies with its obligations under the approved quality system.

4.2. The manufacturer must allow the notified body access to verify the inspection, testing and storage facilities and provide it with all necessary information, including :

4.3. The notified body must carry out periodic inspection visits to ensure that the manufacturer maintains and applies the quality system and must draw up a report to the manufacturer.

4.4. Additionally, the notified body may pay unannounced visits to the manufacturer. In the case of such visits, the notified body may carry out tests or make tests necessary to verify the effective operation of the quality system ; it issues a visit report and, where appropriate, a test report to the manufacturer.

5. The manufacturer must, for at least 10 years from the date of the manufacture of the product, be able to submit to the national authorities :

6. Each notified body must communicate to the other notified bodies the relevant information concerning the quality system approvals issued or withdrawn.

5) MODULE F : Production Verification

1. This module describes the procedure whereby the manufacturer or his authorized representative established within the Community ensures and declares that the explosives to which the provisions of point 3 have been applied are in accordance with the type as : described in the EC type-examination certificate and meets the relevant requirements of the Directive.

2. The manufacturer must take all necessary measures to ensure that the manufacturing process ensures that the explosives are in accordance with the type as described in the EC type-examination certificate and with the relevant requirements of the Directive. The manufacturer must carry out the Community labelling on each explosive and draw up a declaration of conformity.

3. The notified body shall carry out the necessary examinations and tests to verify that the explosive is in accordance with the requirements of the Directive for the checks and tests of each explosive as described in point 4.

The manufacturer or his authorized representative must keep a copy of the declaration of conformity for at least 10 years from the date of the preparation of the explosive.

4. Verification by checking and testing of each explosive

4.1. Each explosive shall be examined individually and the tests referred to in the relevant standard (s) shall be carried out in accordance with the relevant standard (s), cf. Article 4 or equivalent tests to verify that the products are in accordance with the type and requirements applicable in accordance with the Directive.

4.2. The notified body must affix, or reside, its identification mark on each approved explosive and draw up a written certificate of conformity relating to the tests carried out.

4.3. The manufacturer or his authorized representative must, at the request, be able to demonstrate the certificate of conformity issued by the notified body.

6) MODULE G : Device Verification

1. This module describes the procedure whereby the manufacturer ensures and declares that the explosive, for which the certificate referred to in paragraph 2 has been issued, is in accordance with the requirements of the Directive which apply to it. The manufacturer must make the mark on the explosive and draw up a declaration of conformity.

2. The notified body must examine the explosive and implement the tests provided for in the relevant standard (s), cf. Article 4, or equivalent tests, to ensure that it complies with the requirements of the Directive which apply to it.

The notified body must affix or reside its identification mark on the approved explosive and draw up a certificate of conformity relating to the tests carried out.

The technical documentation must enable the conformity of the explosives fats to comply with the requirements of the Directive and to understand its design, manufacture and operation.

The documentation contains the following information, insofar as they are relevant to the assessment :

ANNEX III

MINIMUM CRITERIA TO BE OBSERVED BY THE MEMBER STATES BY THE AUTHORITY OF THE ORGANS

1. The body, its leader and the staff who shall carry out the work must not be constructor, manufacturer, supplier, or user of the explosives they control, or be some of the representative of the said person. They shall not participate directly or as a representative in the design, manufacture, marketing or maintenance of the explosives. This does not preclude the possibility of exchanges of technical information between the manufacturer and the body.

2. The body and staff responsible for inspection must carry out the control work with the greatest possible professional independence and the largest technical competence, and be independent of any pressure and incentive, in particular of financial nature, may affect their assessment or the results of their checks, in particular by persons or groups of persons who have an interest in the verification results.

3. The body must have the necessary staff and possess the necessary resources to carry out the necessary technical and administrative tasks in the implementation of the checks ; it must also have access to the necessary personnel ; equipment in order to be able to carry out special checks.

4. The staff to carry out the checks shall have :

The staff who are required to carry out checks must be guaranteed full independence. The remuneration of each employee must not be dependent on the number of control operations carried out by the person concerned or of the results of that control.

6. The body shall be insured unless civil liability is covered by the State on the basis of national legal rules, or unless the Member State is directly carried out by the Member State.

7. The staff of the Board shall be bound by the obligation of professional secrecy (except with regard to the competent administrative authorities of the State in which they carry out their work) in accordance with this Directive or any national legal authority issued under this Directive.

ANNEX IV

CONFORMITY OF CONFORMITY

The EC conformity marking shall consist of the initials ' CE ` in accordance with the following graphics rendering below.

If the mark is reduced or enlarged, the size of the proportions shown in the above graduated graphic rendering shall be respected.

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Appendix 2

COMMISSION DIRECTIVE 2004 /57/EC of 23. April 2004

laying down the identification of pyrotechnics and certain forms of ammunition pursuant to Council Directive 43 /15/EEC on the harmonization of the provisions on the placing on the market and control of explosives for civil use

Preamble and notereferences omitted

ARTICLE 1

For the purpose of implementing Article 1 (1), The provisions of Annex I to this Directive include 3, second indent and the third indent of Directive 93 /15/EEC, a list of the articles which, in accordance with the relevant recommendations of the United Nations, shall be regarded as pyrotechnical Articles or ammunition.

ARTICLE 2

For the purpose of implementing Article 1 (1), The third indent of Directive 93 /15/EEC provides for Annex II to this Directive a list of the articles for which it is to be determined whether they are pyrotechnics or explosives.

ARTICLE 3

Member States shall adopt and publish the laws, regulations and administrative provisions necessary to comply with this Directive by 31 December 2004 at the latest ; they shall forthwith inform the Commission of the provisions of these provisions and of the provisions of the Directive ; the correlation table showing the consistency between the relevant provisions and this Directive.

They shall apply these provisions from the 31. January 2005.

When Member States adopt these provisions, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. Member States shall lay down the rules for this reference

Member States shall communicate to the Commission the texts of the main provisions of national law which they adopt in the field covered by this Directive.

ARTICLE 4

This Directive shall enter into force on the twentiday following its publication in the Official Journal of the European Union.

Article 5

This Directive is addressed to the Member States.

Done at Brussels, 23. April 2004.

For the Commission

Erkki LIIKANA

Member of the Commission

ANNEX I

Articles which, in accordance with the relevant recommendations of the United Nations, shall be regarded as pyrotechnical Articles or ammunition

ANNEX II

Articles for which it is to determine whether they are pyrotechnics or explosives.

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Appendix 3

Distance Claims

1. Oplag of explosive substances in subclasses 1.1, 1.2, 1.3, 1.5 and 1.6.

Security distances are calculated after the spool D = k x Q n where :

Due to the risks of drafts and excretion of fragments, the safety distance must not be less than the minimum level of D, min This value also depends on the properties of the explosive nature and the nature of the harmful object.

It is thus the highest of the values D and D min to be used.

The values for k, Q, n, and Dmin are set in Tables 1-3.

In the case of mixed warehouses, the safety distance for the most dangerous subclass shall be used for the total quantity.

Two warehouses with different types of explosives shall be regarded as outlying when such distance corresponds to the safety distance between two warehouses of the most dangerous type.

Table 1 :

Values to calculate distances between a layer of explosive in subclasses 1.1 and 1.5 and different types of objects

Table 2 :

Values to calculate distances between a layer of explosive substances in subclasses 1.2 and 1.6 and different types of objects

Table 3 :

Values to calculate distances between a layer of explosive in subclass 1.3 and different types of objects

2. Oplag of explosives in subclass 1.4.

Oplag of the maximum net explosive quantity of 10 tonnes shall be carried out at a distance of at least 25 metres from the neighbouring and weighted centre.

Oplag of more than 10 tonnes of net explosive quantities shall be carried out at a distance of at least 50 metres from neighbouring and weighted in the centre.

Oplag shall be placed in proportion to other objects, in respect of which rules are laid down for minimum distances for adden-adam, that each distance corresponds to the sum of the distances each of which must be of a neighbouring Member.

1) The commuting shall contain provisions implementing Council Directive 93 /15/EEC of 5. April 1993 (EC Official Journal 1993 no. L 121, s. Directive 20) and Commission Directive 2004 /57/EC of 23. April 2004 (EU Official Journal # L 127, s. 73).