Key Benefits:
Law of 7 July 1994 laying down the Law on explosives for civil use
We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.
All of them, who will see or hear these, saluut! do know:
In this regard, we have considered that it is necessary to give effect to Directive No 93 /15/EEC of the Council of the European Communities of 5 April 1993 on the harmonisation of the provisions relating to the placing on the market and supervision of explosives for civil uses ( PbEG L 121);
In this way, we, the Council of State, and with the mean consultations of the States-General, have been well-regarded and understood to be right and to be understood by the following:
For the purposes of this Act and the provisions based thereon, the following definitions shall apply:
a. Our Minister: Our Minister of Infrastructure and the Environment;
b. basket shearer: basket head as intended in Article 27 of the Polition Act 2012 ;
c. Directive No 93 /15/EEC : Directive No 93 /15/EEC of the Council of the European Communities of 5 April 1993 on the harmonisation of the provisions relating to the placing on the market and supervision of explosives for civil uses ( PbEG L 121);
d. explosives: all substances and articles contained in the United Nations Recommendations on the transport of dangerous goods-i.e. the United Nations Commission of Experts on the Carriage of Dangerous Substances of the United Nations recommendations, as published by that organisation and as at the date of adoption of Directive No 93 /15/EEC amended (ST/SG/AC.10/1/REV.7; United Nations, New York, 1991)-defined as such and are classified in Class 1 there;
(e) placing on the market: for the first time, whether or not subject to payment, making explosives for the purpose of being made available in a Member State of the European Union or another State party to the Agreement on the European Union To distribute or use the Economic Area on the market;
f. safety: prevention of accidents or, where this is not possible, to reduce the effects of accidents;
g. security: prevention of the illegal use of explosives;
h. transfer: the physical movement of explosives within the territories to which the Treaty on European Union applies or to other areas to which the Agreement on the European Economic Area applies, with exception to movements carried out within the same establishment;
(i) undertaking from the explosives sector: any natural or legal person who holds a recognition as referred to in Article 17 ;
(j) ignition means: means means to bring explosives into ignition;
k. CE marking shall be as indicated in Annex IV to this Regulation. Directive No 93 /15/EEC .
1 This Act does not apply to:
a. Explosives intended to be used by the armed forces or the police;
b. pyrotechnic articles, which have been designated:
1 °. in Annex I to Directive No 2004 /57/EC to the Commission of the European Communities of 23 April 2004 on the identification of pyrotechnic articles and certain ammunition for the purposes of Directive No 93 /15/EEC of the Council on the harmonisation of the provisions relating to the placing on the market and control of explosives for civil use (PbEU L 127);
2 ° under the arrangements of our Minister under Annex II to Directive No 2004 /57/EC ;
3 °, under the arrangements of our Minister, to the extent that those articles could be regarded as falling within the scope of this law without that designation; and
c. Ammunition as intended Article 1 (4), first paragraph, of the Weapons and Ammunition Act ;
2 The Article 3, first paragraph, point (d) and third member , and 21, second paragraph, points (a) to (e), third and fifth members , do not apply to:
a. explosives carried unpacked or in pump trucks and supplied for unloading directly into the shooting hole; and
b. Explosives manufactured at the place where they are detonated and which are loaded immediately after they are produced.
3 An amendment to the Directive referred to in paragraph 1, with effect on the pyrotechnic articles designated as such, shall apply to the application of this Law and the provisions based thereon as from the day on which the provisions of this Directive are The relevant amending Directive must be implemented unless a ministerial decision, published in the Official Journal, provides for a different point of time.
1 It shall be prohibited to place explosives on the market and, for the marking referred to in point (d), to act contrary to the third paragraph, in respect of explosives,
a. which do not comply with the requirements of Annex I to this Regulation; Directive No 93 /15/EEC basic safety requirements;
b. Those not provided with the CE marking;
c. which is not in accordance with the procedures specified in Article 7, first paragraph , have been assessed for their conformity, and
d. Those not marked with a unique identification as referred to in the Annex to Directive 2008 /43/EC of 4 April 2008 establishing a system for the identification and traceability of explosives for civil use in accordance with Council Directive 93 /15/EEC (PbEG L 94).
2 It shall be prohibited to designate explosives for any indication other than the CE marking, which could create confusion with regard to the meaning and graphic design of the CE marking.
3 Companies in the explosives sector producing explosives, importing or assemting detonators and distributors repackaging, confirming or making the unique identification in a sustainable manner and clearly legible to the explosives, components and any smallest unit of packaging thereof, and ignition devices.
4 Our Minister, in agreement with our Minister, shall lay down detailed rules on the manner in which the unique identification will be affixed or confirmed.
5 Our Minister states, in agreement with our Minister, rules on assigning a product location code as an element of the unique identification and determines in which cases of the first member, under d, and third member can be deviate, provided that the explosives remain traceable.
Explosives are in any case suspected of being in Article 3, first paragraph, point (a) , meet the essential safety requirements if they are in accordance with:
(a) the implementation of Article 4, first paragraph, of Directive No 93 /15/EEC established harmonised standards, the reference numbers of which are in the Official Journal of the European Communities have been published;
b. the standards which, in accordance with the rules of A 'Harmonised standards' in the Netherlands have been adopted and the reference numbers of which are provided by Our Minister in the Official Gazette have been published; or
c. the standards which, in accordance with the rules of A the reference numbers of those harmonised standards in another Member State of the European Union or another State party to the Agreement on the European Economic Area, the reference numbers of which are in that Member State, announced.
1 Our Minister may designate one or more institutions competent to carry out research, checks and assessments as defined in the Article 7, first paragraph , the procedures referred to. Requirements may be attached to such a designation.
2 For a designation referred to in paragraph 1, institutions shall, at least, meet the conditions set out in Annex III to this Regulation. Directive No 93 /15/EEC .
3 Our Minister shall withdraw a designation as referred to in paragraph 1 in any case if the institution:
(a) no longer fulfils the conditions laid down in paragraph 2; or
b. does not comply with the in Article 7, first paragraph -the procedures laid down in respect of its obligations.
As institutions competent to carry out research, checks and assessments, as defined in the Article 7, first paragraph These procedures shall also include those institutions which, in the context of Directive No 93 /15/EEC notified by other Member States of the European Union or other States Parties to the Agreement on the European Economic Area, the names of which have been published by the Commission of the European Communities in the Official Journal of the European Communities .
1 The CE marking may only be affixed to explosives, except:
a.
1 °. if the type concerned appears in a certificate of EC type-examination in accordance with Annex II, module B, to Directive No 93 /15/EEC has been approved;
2 °. as long as the manufacture of the relevant explosives is made subject to, at the choice of the manufacturer, one of the four substances listed in Annex II to this Regulation; Directive No 93 /15/EEC procedures described in modules C to F, and
3 °. as long as the under the under A and B the procedures referred to at the manufacturer's behalf, its own in the fields to which the Treaty on European Union applies or to other territories to which the Agreement on the European Economic Area applies, established than that of the European Union but the person responsible for placing the explosives concerned on the market, and the obligations incumbent upon them;
b.
1 °. if the explosives concerned appear in a declaration of conformity in accordance with Annex II, module G, to Directive No 93 /15/EEC have been approved and have been marked with the identification symbol referred to in point 2 of Annex II, Module G (2);
2 °. as long as the manufacture of these explosives is carried out in accordance with the procedure described under Module G; and
3 °. As long as the manufacturer complies with the obligations incumbent on him under Module G.
2 The CE marking shall be affixed visibly, easily legibly and indelibly to the explosives, or, if this is not possible, to a sheet of explosives attached to the explosives, in such a way that this plate is affixed to the explosives. is only to be used once. In the case of any of the methods referred to in the first sentence, the CE marking shall be affixed to the packaging of the explosives in accordance with the conditions laid down in the first sentence.
3 If the entry in the first paragraph, A 2 °, a choice of 2 ° is made for:
a. Module C, the identification symbol referred to in Annex II, Module C (1), shall be applied during the manufacturing process;
b. Module D or E, the CE marking must be accompanied by the identification symbol referred to in Annex II, Module D (1), Annex II, Module E (1), or
c. Module F, the identification symbol referred to in Annex II, Module F, 4.2, shall be applied.
4 The CE marking shall also indicate that explosives, which are covered by the scope of Directive No 93 /15/EEC It shall be presumed to comply with other relevant Directives and the Dutch arrangements for their implementation which shall also provide for the affixing of this sign.
1 Without prejudice Article 31 -Our Minister has the power to impose a burden under administrative constraints in order to enforce the rules, which are intended to be Article 7, first paragraph As regards the manufacturer, his authorised representative or the person established in the fields covered by the Treaty on European Union or other territories to which the Agreement on the European Economic Area applies. which is responsible for the placing on the market of the explosives concerned, Article 7, first paragraph, point (a), 3 ° .
2 The authority to apply administrative coercion belongs to:
a. halting all or part of the manufacture, placing the goods on the market in the Netherlands or making it available to any other explosives;
(b) the destruction of explosives;
(c) the seizure of explosives.
Our Minister also takes measures as referred to in Article 8 with regard to explosives on which the CE marking has been affixed and used in accordance with their intended purpose, if such explosives can, in his opinion, endanger safety.
1 It shall be prohibited to bring explosives, if the relevant shipment ends in the Netherlands without:
a. Authorisation has been issued to the transferee of such explosives; and
(b) in so far as the explosives come from another Member State of the European Union, for the part of that shipment which is subject to authorisation within the Netherlands.
2 It shall be prohibited to transfer explosives if the relevant shipment ends in a country other than the Netherlands, without the permission being granted for the part of that shipment being authorised within the Netherlands.
1 An authorisation as referred to in Article 10, first paragraph, point (a) shall be requested by the transferee of the explosives to be transferred to the mayor and aldermen of the municipality in which the transfer ends. The applicant shall attach to his application the first subparagraph of Article 9, seventh paragraph, of the Directive No 93 /15/EEC Such data.
2 Mayor and aldermen shall verify the information referred to in paragraph 1, on the basis of the following:
a. Specific security requirements apply or are necessary for shipments for which licence applications are requested; and
(b) the person for whom the explosives are intended to be the holder of a recognition as intended Article 17 .
3 If, in the opinion of the mayor and aldermen, no specific security requirements apply:
(a) the licence shall contain only the decision taken after the verification of the proposed shipments;
b. may without prior notice to them with the under A Such shipments are to be caught and
(c) the licence shall be granted for a period to be fixed by them.
4 For the transfer of explosives from another Member State of the European Union, if that shipment ends in the Netherlands, it shall be as an annex to Decision No 1. Commission Decision 2004 /388/EC of 15 April 2004 (PbEU L 120) used as a model for both the authorisation and the authorisation.
5 An amendment to the decision referred to in paragraph 4 with effect on the document annexed thereto shall apply to the application of the fourth paragraph from the date on which the decision in question must be implemented. given unless a ministerial decision, published in the Official Journal, provides for a different point of time.
Where, in the opinion of the mayor and aldermen, special security requirements apply or are necessary in connection with the transfer:
a. includes a permit as specified in Article 10, first paragraph, point (a) , the first subparagraph of Article 9 (1) of Directive No 93 /15/EEC details of the data and.
b. Must be notified to the mayor and aldermen of such transfer before a shipment for which authorisation has been granted.
1 By way of derogation from Article 11, first paragraph , a permit as referred to in Article 10, first paragraph, point (a) , for the transfer of explosives for the purpose of mining where the Mining Act apply, to be requested from Our Minister for Economic Affairs, Agriculture and Innovation. The applicant shall attach to his application the first subparagraph of Article 9, seventh paragraph, of the Directive No 93 /15/EEC Such data.
2 The Articles 11, second and third paragraphs , and 12 shall apply, except that our Minister for Economic Affairs, Agriculture and Innovation shall replace mayor and aldermen.
The holder of a licence issued in the Netherlands or of a licence issued in another Member State of the European Union or another State which is a party to the Agreement on the European Economic Area, issued for the purposes of transmission and the holder of an authorisation for the transfer of explosives ending in another State shall be obliged to leave the territory of the Netherlands until the end of the transfer, until the place where the movement ends, accompany the licence or the proof of consent.
1 The consent of the said Article 10 (b) and (second) , should be requested by the person responsible for the transfer. It shall add to its application the first subparagraph of Article 9 (7) of the EC Treaty. Directive No 93 /15/EEC Such data. The permission is granted by our Minister.
2 For the transfer of explosives within the Netherlands, if that shipment ends in another Member State of the European Union, it shall be as an annex to Decision No 1. Commission of the European Communities of 15 April 2004 (PbEU L 120) adopted document as model for authorisation.
3 Our Minister may lay down rules relating to the reporting of the shipment of explosives.
4 The Article 11, second paragraph, point A , and third Member , and 12 shall be applicable mutatis mutandis.
5 An amendment to the decision referred to in paragraph 2 is amended. Article 11, fifth paragraph , mutatis mutandis.
Those for whom the explosives are to be sent to or from the sector of explosives shall, at the request of the mayor and aldermen of communes in which the transfer of explosives ends, if it is a shipment of explosives, Intended in Article 13 at the request of our Minister for Economic Affairs, Agriculture and Innovation, the competent authority of the Member State of the European Union or the other State which is a party to the Agreement on the European Economic Area, where the transferring to the competent authority of the Member State on which territory the transfer takes place the relevant information relating to the shipments at their disposal is to be increased.
1 It shall be prohibited to produce, store, use, transfer or trade explosives without approval.
2 The period of validity of the approval shall be no more than five years and may be extended by a maximum duration of the same duration.
3 The recognition shall only cover the explosives or types of explosives referred to in the first paragraph, and one or more acts relating to those explosives.
1 A recognition as intended Article 17 the applicant must be lodged with the holder in the place of value for which the applicant is established.
2 The chief of staff shall be responsible for granting and withdrawing recognition, and for extending their period of validity.
3 As regards the first and second paragraphs, our Minister for Economic Affairs, Agriculture and Innovation shall replace the chief minister in so far as it is a recognition in the context of activities in which the Mining Act is applicable.
1 A recognition as intended Article 17 shall be granted if:
(a) the applicant has submitted the information provided by our Minister;
b. the applicant or, if it is a legal person, the person who immediately directs the holding, complies with the moral behaviour requirements laid down by Our Minister;
c. there is no reason to suspect that the recognition or the use of explosives will be abused and
d. there is no reason to suspect that the applicant or, if it is a legal person, the person providing immediate management of the holding, cannot be entrusted with explosives under the control.
2 With a view to security, our Minister may, in agreement with Our Ministers, lay down detailed rules.
Approval may be withdrawn if:
a. is not met Article 21 ;
(b) it appears that the holder of an approval or, if he is a legal person, the person who immediately directs the holding, cannot be entrusted with explosives under his or her name; or
(c) the holder of the approval no longer has performed the acts to which the recognition relates for at least one year.
1 Undertakings from the explosives sector shall keep a continuous register of their transactions in explosives, without prejudice to any rules laid down in or under any other legal provisions.
2 The registration must be organised in such a way as to enable undertakings in the explosives sector to Article 22, first paragraph , persons referred to, may at any time provide the following information at least:
a. Unique identification of the explosives;
b. Explosives type;
c. the name and location of the undertaking or place of residence of the person who holds or holds the explosives;
d. The location of the explosives;
e. the contact details of the person who may provide information on behalf of the company outside of office hours; and
f. where applicable, the name and the location of the company or the place of residence of the person to which the explosives were transferred.
3 The undertakings referred to in paragraph 1 or their successors shall keep the documents relating to the registered transactions referred to in that paragraph for a period of at least 10 years after the delivery or, if known, after delivery of the registered transactions the end of the life cycle of the explosives, regardless of whether they have ceased operations during that period.
4 By way of derogation from the third paragraph, for explosives referred to in Article 2, second paragraph , a retention period of at least three years, from the end of the calendar year in which the explosives were transferred.
5 Enterprises in the explosives sector shall maintain the collected data for the period specified in the third paragraph, protect those data against damage or destruction and, annually, test the registration system to ensure its effectiveness and check the quality of the stored data.
6 Our Minister, in agreement with our Minister, may lay down detailed rules on the setting up of registration and the information to be registered under ministerial arrangements.
1. The supervision of compliance with or under this Act is subject to the following:
a. the at or under Article 141 of the Code of Criminal Procedure designated officials;
b. The officials appointed by the decision of Our Minister.
2. A decision as referred to in point (b) of paragraph 1 shall be communicated by means of a communication of Official Gazette .
In cases where no other governing body is competent, our Minister has the power to impose a burden under administrative constraints in order to enforce the obligations imposed by or under this law.
The issue of an approval, permit or approval may be made subject to payment of an expenses charge in accordance with the rules to be laid down by Our Minister. The allowance shall be granted to the State, to the municipality and to the region concerned, if the document referred to in the first sentence is issued by Our Minister, Mayor and Aldermen or the basket.
Where, by virtue of or pursuant to this Law, reference is made to Directive No 93 /15/EEC, to an Annex thereto or to the Annex to Directive 93 /15/EEC. 2008 /43/EC, for the purposes of implementing the provision in question, amendment of Directive No 93 /15/EEC or of an Annex thereto or of the Annex to Directive 91 /151/EEC 2008 /43/EC shall be in force from the day on which the relevant amending Directive is to be implemented at the latest.
1 The supervision of the implementation and enforcement of the officials assigned to or pursuant to this Law shall be responsible for the officials designated by the decision of Our Minister.
2 The Articles 5:13 , 5:15 , 5:16 , 5:17 and 5:20 of the General Law governing law shall be applicable mutatis mutandis.
3 Our Minister may provide, by means of ministerial order, that administrative bodies responsible for the implementation or enforcement of the information provided by or pursuant to this Law shall provide information to the authorities designated under the first paragraph. Officials. The system may lay down rules relating to the moment at which, the frequency and the form in which the data is provided. It is also possible to provide for the rules to apply only in the cases specified in the rules.
1 The manufacture, storage, use, transfer, disposal, disposal, holding or marketing of explosives or other explosive substances with a terrorist purpose as referred to in Article 1 (2) (a) of the Article 83a of the Code of Criminal Law or for the purpose of a terrorist offence as intended to be Article 83 of that Code to prepare or to make it easy, shall be punished by imprisonment of up to eight years or a fine of the fifth category.
2 The offence referred to in the first paragraph shall be a criminal offence.
This Act shall enter into force on a date to be determined by Royal Decree, which may be made different for the various articles or parts of such articles.
This law is cited as: Explosives law for civil use.
Burdens and orders that are in the State Sheet will be placed, and that all ministries, authorities, colleges and officials who so concern will keep their hands on the precise execution.
Issued in Gravenhage, 7 July 1994
Beatrix
The Minister for Housing, Spatial Planning and the Environment,
J. G. M. Alders
Published on the 28th July 1994The Minister of Justice,
A. Kosto
