Key Benefits:
Minister of Defence,
Considering the environmental code, including articles L. 512-1 and L. 512-8;
Vu le Defence codeincluding articles L. 2352-1, L. 2352-2 and L. 2353-1;
Vu le Decree No. 79-846 of 28 September 1979 on the protection of workers against the particular risks to which they are subjected in pyrotechnic institutions;
Vu le Decree No. 90-153 of 16 February 1990 amended on various provisions relating to the explosive regime;
Vu le Decree No. 2005-72 of 31 January 2005 Amending the responsibilities and organization of the General Delegation for Arms;
Vu le Decree No. 2005-1325 of 26 October 2005 relating to the safety rules applicable to the work carried out within the framework of a pyrotechnic decontamination site;
In view of the amended decision of 4 September 1986 to apply to institutions of the Ministry of Defence Decree No. 79-846 of 28 September 1979 on the protection of workers against the particular risks to which they are subjected in pyrotechnic institutions;
In view of the amended decision of September 16, 1991, setting out the conditions under which the ranks are conferred and the name of general engineer out of class and general engineer of exceptional class;
In view of the decision of 10 February 1998 on the technical approval of explosive devices for the application of theArticle 18 of Decree No. 90-153 of 16 February 1990 amended on various provisions relating to the explosive regime;
Having regard to the amended decision of 1 June 2001 on the carriage of dangerous goods by road (known as "ADR");
See?10 March 2006 fixing the powers and organization of the inspection of the weapons taken for the application of theArticle 3 of Decree No. 2005-72 of 31 January 2005 establishing the responsibilities and organization of the General Delegation for Arms,
Stop it!
The gun inspector for powders and explosives, who has ranked and appointed general engineer outside the class of armament, carries out the missions entrusted to the Minister of Defence in matters of authorization of production, sale, import, export of explosive products and construction in the polygons of isolation.
The gun inspector for powders and explosives inspects the pyrotechnic institutions of the Ministry of Defence for which the national common law regulation applies. The Chief of Staff of the Armed Forces, the Chief Military Officer, the Chief Military Staff and the Director General of the National Gendarmerie shall establish, each for his or her area of responsibility, the establishments or parts of the establishment concerned, where circumstances so require, which do not fall within the scope of the weapons inspector for powders and explosives.
At the request of the authorities concerned, it may examine, in the light of the regulations of pyrotechnical security of common law, the situation of the institutions that do not fall within the scope of the regulations.
In this context:
1. It ensures compliance with pyrotechnic safety rules, taking into account those applicable to workers' safety and environmental protection. The security studies provided by the decrees of 28 September 1979 and 26 October 2005 referred to and hazards provided by Book V of the Environmental Code are obligatoryly submitted to it for advice.
2. It makes recommendations on organizational and operational measures to be taken in the field of pyrotechnic security, in addition to those provided by the Decree of 28 September 1979.
3. It plans its inspection activities in accordance with the above-mentioned authorities and informs them of its findings and recommendations, each with respect to it.
Regarding the pyrotechnical safety of ammunition, the gun inspector for powders and explosives provides advice during the stages of preparation, design and implementation of weapons systems and advises the authorities responsible for their storage, maintenance and movement during their use or dismantling stages.
As such:
1. In the light of the records established for this purpose, he advises the authorities of the General Delegation for Arms responsible for the safe registration of ammunition and explosives that they are likely to incorporate. In the event of an unfavourable opinion or notice reserved, all comments made are subject to further instruction.
2. It is consulted by the authorities of the armed forces on the measures to be taken in the presence of technical facts which may have a significant impact on the safety of munitions in operational service.
In this context, it participates in the development of legislation for the application of pyrotechnic security regulations within the Ministry of Defence, concerning ammunition and explosives that they are likely to incorporate, in the light of public safety and employment requirements in the forces.
The gun inspector for powders and explosives may receive authorities referred to in the first paragraph of Article 2, each with respect to pyrotechnic security, complementary mandates compatible with those defined in Articles 2 and 3.
Apart from mandatory cases, its technical expertise may also be sought by the general control of the armies.
It provides its opinions, findings and recommendations to each of these authorities with respect to it.
The gun inspector for powders and explosives is promptly informed of serious or fatal pyrotechnic accidents, work or service, which occurred to the civilian or military personnel of the Ministry of Defence, as well as those resulting in significant material damage. Notable non-pyrotechnical accidents and incidents occurring in a pyrotechnical environment, including serious traffic accidents, building and civil engineering or network-affected incidents, are reported to the Committee.
Where gravity justifies it, in the event of an accident in a pyrotechnic institution under their authority and common law, as specified in section 2, the Chief of Staff of the Armed Forces, the General Delegate for Arming, the Chief of Staff of the concerned army or the Director General of the National Gendarmerie shall appoint the members of a technical inquiry commission on the proposal of the gun inspector for powders and explosives. The gun inspector for powders and explosives presides over the investigation commission.
The gun inspector for powders and explosives represents the Ministry of Defence in interdepartmental bodies dealing with pyrotechnical security in the areas of transport, approvals issued under the decree of 16 February 1990, the safety of work and the protection of the environment and in international bodies dealing with these same areas, without prejudice to the responsibilities of the inspection group of the general control of the armies.
The gun inspector for powders and explosives assists departmental directors of work, employment and vocational training in accordance with the decrees of the 28 September 1979 and 26 October 2005 Severe. It provides an opinion on the security studies of the chiefs of pyrotechnic establishments and conducts pyrotechnic security inspections in establishments or yards for which these decrees are applicable.
For establishments subject, due to their pyrotechnic activity, to authorization pursuant to Article L. 512-1 of the aforementioned Environmental Code, the Weapons Inspector for Powders and Explosives shall give the prefects concerned a notice of requests for technical approval or authorization pursuant to the decree of 16 February 1990.
For establishments subject to declaration pursuant to Article L. 512-8 of the above-mentioned Environmental Code, it may be conducted, upon request of the relevant prefect, to give notice on requests for technical approval pursuant to the above-mentioned decision of 10 February 1998.
Pursuant to Article 33 of the above-mentioned Judgment of June 1, 2001, the Weapons Inspector for Powders and Explosives is the competent authority for the classification, packaging and conditions of carriage of Class 1 goods entering the state in the supply of the armed forces.
The same can be true for Class 1 military goods that do not enter the state in the supply of the armed forces.
The gun inspector for powders and explosives ensures, with respect to pyrotechnical security problems, the dissemination of the information available to him and considers it useful to the agencies under the Ministry of Defence or under his guardianship, as well as to private companies manufacturing or handling explosives and ammunition products and the administrations concerned.
For the exercise of its powers, the gun inspector for powders and explosives is assisted by engineers and officers assigned by the authorities cited in section 2 within the arms inspection cells of the General Delegation for Arming, specialized in pyrotechnic security.
The Order of 29 November 2001 setting out the specific missions of the weapons inspector for powders and explosives taken for the application of theArticle 4 of Decree No. 2000-809 of 25 August 2000 fixing the responsibilities and organization of the General Delegation for Arming and Instruction of 22 June 1972 on the responsibilities of the Technical Inspector of Arming for Pyrotechnic Powders and Explosives are repealed.
The Chief of Staff of the Armed Forces, the Chief Military Officer, the Chief Military Staff, the Director General of the National Gendarmerie and the Inspector of Weapons for Powders and Explosives are responsible, each with regard to it, for the execution of this Order, which will be published in the Official Journal of the French Republic.
Done in Paris, May 16, 2008.
Hervé Morin
