The long duration of the validity of the Explosives Regulation, approved by Royal Decree 2114/1978 of 2 March, in parallel with the administrative, economic and technical transformations produced since 1978 in which it was Until now, they make known the need for a comprehensive review of that Regulation, incorporating such modifications and adapting the new text to the legal provisions of late.

In fact, adopted by the Council of the European Communities, Directive 93 /15/EEC on the harmonization of provisions relating to the placing on the market and the control of explosives for civil purposes must be carried out in accordance with the provisions of Directive 93 /15/EEC. transposition into Spanish law with the amendment of Title VII of the explosives regulation. Similarly, under the powers granted to the Government in Articles 6 and 7, and in the fourth final provision of the Organic Law 1/1992, of 21 February, on the Protection of Citizen Security, which has developed the competence of the State of explosives, recognized in the Spanish Constitution, must be amended Title IX, concerning sanctions.

Previously, Law 23/1992, of July 30, of Private Security, contemplates the modification of the figure of the sworn guards of explosives, establishing that, within two years from the date of the enactment of the Regulation of the development of the same, they must necessarily abide by the provisions of it.

Likewise, Royal Decree 1631/1992 of 29 December 1992 on restrictions on the movement of certain goods and goods, establishes, in the framework of the elimination of controls at internal borders between the Member States Member of the European Union, for intra-Community trade in goods, services and capital, the prior administrative authorisation for the introduction into Spanish territory, from the rest of the European Union, of explosives, detonating capsules, Cardboard, pistons, hunting powder and pyrotechnic products, for obvious reasons security and public order.

Analogously, Royal Decree 540/1994, of 25 March, has given a new wording to Article 5 of the Regulation to accommodate the same to Law 18/1992, of July 1, and to Royal Decree 671/1992, of July 2, which establish certain rules on foreign investment in Spain, in relation to sectors which have a specific regulation on the right of establishment. In this respect, all activities related to explosives constitute a specific regulated sector in the field of establishment, for which they require prior administrative authorisation.

In connection with the Cartheria, Royal Decree 137/1993 of 29 January approving the Arms Regulations, although it agrees with the current Explosives Regulation, in its articles 1.3 and 48 establishes the the acquisition, storage, circulation, trade and possession of ammunition, in general and without prejudice to the special rules governing them, and the number and quantity of the various categories specified in the authorisations of opening of arms sales outlets.

In the field of pyrotechnics, the Order of 5 December 1991 came to regulate the cataloging of pyrotechnic products, the general conditions to be met by pyrotechnic or explosive mixtures and specific conditions. for a pyrotechnic device to be included in classes I, II, III, IV, V, VI and VII of the current Regulation.

In connection with the surveillance and security of the explosives factories, their storage, handling, transportation, etc., the figure of security guards and the sworn guards of explosives, collected in numerous articles of the Regulation now being amended (Articles 4, 80, 81, 83, 120, 164, 165, 183, 242, 243, 288 and 295), pursuant to the provisions of Law 23/1992, of 30 June, of Private Security and the Private Security Regulation which the develops, approved by Royal Decree 2364/1994, of 9 December.

In the field of administrative organization, the allocation of functions carried out by the Regulation approved by Royal Decree 2114/1978, to the Provincial Directorates of the Ministry of Industry and Energy, is now being carried out in favor of of the Government Delegations in the Autonomous Communities and in the relevant Industry and Energy Areas, functionally dependent on that Department, taking into account the provisions of Royal Decree 1330/1997 of 1 August 1997, integration of peripheral services and the structure of government delegations.

Finally, compliance with all Community legislation in this field has been carried out, the procedure for information relating to technical standards and regulations provided for in Royal Decree 1168/1995 of 7 July 1995 having been complied with. implementation of Council Directive 83 /189/EEC.

In short, with the approval of the new regulatory text that is issued under Article 149.1.26. of the Constitution, in the exercise of the exclusive competence of the State on the matter of explosives, and to give compliance with Articles 6 and 7 of Organic Law 1/1992 of 21 February on the Protection of Citizen Security, making use of the empowerment granted to the Government in these precepts, all provisions are developed and recast recently published and transposed Community legislation on explosives for use civilians.

In its virtue, on the proposal of the Ministers of Defense, of the Interior and of Industry and Energy, with the approval of the Minister of Public Administrations, heard the Council of State and after deliberation of the Council of Ministers in its Meeting of the 13th of February 1998,

D I S P O N G O:

Single item.

Under Article 149.1.26. of the Constitution, and in compliance with the provisions of Articles 6 and 7, and in the other precepts concordant with the Organic Law 1/1992, of 21 February, on the Protection of Security Citizen, the Explosives Regulation is approved, the text of which is attached.

Single additional disposition.

The provisions of this Royal Decree and the Regulation adopted by it shall be without prejudice to the provisions concerning the authorization and inspection of pyrotechnic workshops, in Royal Decree 1047/1984 of 11 December 1984. April, on the extension of functions and means attached to services transferred to the Valencian Community, in the field of industry, energy and mines, and definitive assessment of their effective cost.

Single transient disposition.

Without prejudice to what other provisions of a more specific nature establish in this respect, the situations created under the legislation up to now in force must be in accordance with the provisions of the Regulation adopted, within the following periods, which have been counted since its entry into force, after which their requirements shall apply:

a) Five years, as far as placement distances and between buildings in factories, workshops and warehouses are concerned.

b) Four years, in terms of the regulation of facilities in factories, workshops and warehouses.

c) One year in terms of the regulations on citizen security applicable to factories, workshops and warehouses and the transportation of regulated materials.

The files which are in the process of the entry into force of the Regulation adopted by this Royal Decree shall be instructed in accordance with the Explosive Regulation of 2 March 1978 and other provisions regulations. Once resolved, the rules of the new Explosives Regulation will apply.

Single repeal provision.

Royal Decree 2114/1978 of 2 March, which approved the explosives regulation, is hereby repealed, as well as any other standard of equal or lower rank which is contrary to the provisions of the Regulation adopted by the Present Royal Decree.

First disposition first.

The Ministries of the Interior and Industry and Energy are hereby authorised to update the technical contents of the accompanying technical instructions, which are listed below, and the texts of which are annexed to the Regulation to be adopted by this Royal Decree, taking into account the evolution of the technique and the legal and regulatory norms that are dictated on the matters to which they refer, taking the update together with the other ministerial departments with powers in the In particular,

Ministry of Public Works and the Ministry of Public Works and the Ministry of Public Works

ITC1. Services for the immediate protection of factories, workshops, depots and transport of explosives.

ITC2. Rules for the control of possession of explosives.

ITC3. Cataloging of the explosives.

ITC4. Essential requirements for the safety of explosives for civil use.

ITC5. Conformity assessment of explosives.

ITC6. Criteria for the notification of bodies.

ITC7. Cataloging of explosive or pyrotechnic raw materials.

ITC8. Cataloguing of pyrotechnic articles.

ITC9. Basic rules for the application for the authorisation of the establishment, transfer and substantial modification of an explosives factory.

ITC10. Prevention of serious accidents.

ITC11. Standards for the design and placement of factories, workshops and warehouses.

ITC12. Basic rules for the closure plans of the explosives factories.

ITC13. Recommendations on building defenses of hazardous buildings or buildings.

ITC14. Rules for the charging of ammunition by individuals.

ITC15. Label identification of packaging and packaging.

ITC16. CE conformity marking for explosives for civil use.

ITC17. Standards for the design of underground reservoirs.

ITC18. Placement of the 50-kilogram auxiliary polvorines.

ITC19. Rules on the sale and establishment of sale of pyrotechnic artifices of Classes I, II and III.

ITC20. Documentation required in reason of citizen security.

ITC21. Documentation for the authorization of the Explosive Supply Order.

ITC22. Storage and transport compatibility.

ITC23. Classification of pyrotechnic articles of Classes I, II and III.

ITC24. Rail transport.

ITC25. Safety standards for loading and unloading explosives at ports.

Final disposition second.

With regard to the provisions governing partial aspects of explosives, which are not expressly repealed and do not oppose the Regulation approved by this Royal Decree, the Ministerial Departments The competent authorities of the Member States shall, in accordance with Article 3 (2) of Regulation (EU) No 139/2014

provide for the necessary technical and administrative procedures to be carried out.

Third end disposition.

When applications for authorisations, permits and licenses covered by this Regulation are not resolved within three months, counted from the date of entry of the same in the Register of the competent body for their processing, may be deemed to be rejected, without prejudice to the obligation of the competent authorities to resolve expressly in any case.

Resolutions that fall under the procedures for granting, modifying, and extinguishing authorizations, permits, and licenses will end the administrative path.

Final disposition fourth.

This Royal Decree and the Regulations which are hereby approved shall enter into force on the sixty days of their publication in the "Official Gazette of the State", during which they shall govern the essential security requirements. contained in the explosives regulation, approved by Royal Decree 2114/1978 of 2 March.

After the deadline referred to in the previous paragraph, the cataloging of the explosives shall be conditional on:

1. They bear the CE marking in accordance with Directive 93 /15/EEC and Articles 14, 15, 16 and 25 of the new explosives Regulation.

2. Or, until 31 December 2002, in accordance with Article 19 (4) of that Directive, be in accordance with national legislation, as set out in Annex I to supplementary technical instruction No 3.

Given in Madrid to 16 February 1998.

JOHN CARLOS R.

The First Vice President of the Government

and Minister of the Presidency,

FRANCISCO ALVEZ-HELMETS FERNANDEZ

EXPLOSIVES REGULATION

INDEX

Title I. Preliminary Sorting

Chapter VII. General provisions.

Chapter VII. Classification:

Section 1. Explosives.

Section 2. Cartucheria.

Section 3. Pyrotechnics.

Chapter III. Cataloging.

Title II. Explosives factories

Chapter I. Authorizations.

Chapter II. Installations.

Chapter III. Operation.

Chapter IV. Surveillance, control and prevention measures.

Chapter V. Intervention and Inspection.

Title III. Workshops

Chapter I. General rules.

Chapter II. Cartchery loading workshops.

Chapter III. Pyrotechnics workshops.

Title IV. Packaging

Chapter I. General rules.

Chapter II. Specific rules for explosives.

Title V. Storage

Chapter I. General rules.

Chapter II. Authorizations.

Chapter III. Installations.

Chapter IV. Surveillance, control and prevention measures.

Chapter V. Special Storage.

Title VI. Supply and circulation

Chapter I. General rules.

Chapter II. Provisioning.

Title VII. Import, export, transit and transfer

Chapter I. General rules.

Chapter II. Import.

Chapter III. Export.

Chapter IV. Transit.

Chapter V. Transfers.

Title VIII. Transport

Chapter I. General rules.

Chapter II. Circulation Guide.

Chapter III. Road transport.

Chapter IV. Rail transport.

Chapter V. Shipping.

Chapter VI. River transport and in reservoirs.

Chapter VII. Air transport.

Title IX. Sanctioning regime

Chapter I. Mild infractions.

Chapter II. Serious infringements.

Chapter III. Very serious infringements.

Chapter IV. Procedure.

ANNEX

TITLE I

Preliminary sorting

CHAPTER I

General provisions

Article 1.

1. For the purposes of this Regulation, the following shall be considered as regulated materials: explosives, cardboard and fireworks.

2. In accordance with Articles 6 and 7 of the Organic Law 1/1992 of 21 February on the Protection of Citizen Security, this Regulation regulates the requirements and conditions of manufacture, circulation, storage, trade and possession of explosives, determining compliance with such requirements and conditions. Its provisions shall also apply to any other provision which, for a different purpose, contains rules relating to such matters.

3. They are excluded from the scope of this Regulation, the Armed Forces and the State Security Forces and Corps, in all matters pertaining to those matters which, being developed therein, appear in their present or future Regulations and special rules. For the development of their functions the establishments and facilities of said Forces and Bodies are excluded.

4. For the purposes of exclusion from compliance with certain precepts, War Weapons are defined as such in the Arms Regulations.

Article 2.

1. All activities related to the regulated matters remain under the administrative intervention of the State.

2. The authorities and departments concerned may, at any time, carry out the inspections, monitoring and checks which they consider to be precise, in the field of their respective powers.

3. Such authorities and services may provide for extraordinary measures in emergency situations or circumstances that warrant it.

Article 3.

1. The presence of explosives, cardboard and fireworks shall be visible at all times and in a perfectly visible manner by means of the signs of regulatory danger, as appropriate in the different scenarios.

2. Where materials or objects of different risk division coexist in the same enclosure or in a package, in accordance with Article 13 of this Regulation, the highest risk index shall be adopted as a hazard signal.

Article 4.

1. Activities relating to regulated matters may only be carried out by those who, having the capacity to act provided for in this Regulation, also have the technical capacity and the financial solvency required for the financial year of those activities.

2. Those who hold command or control posts shall be responsible for complying with the provisions of this Regulation and shall warn the staff that they are dependent, or cooperate with them, on the danger of their tasks and provide the appropriate instructions. The staff will scrupulously observe the orders you receive from the superiority.

3. The surveillance and immediate protection services which, in accordance with the provisions in force, are not reserved for the State Security Forces and Bodies, competent in this field, may be entrusted to personnel only specifically determined in the Private Security Act and Regulations, according to the supplementary technical instruction number 1.

Article 5.

1. Any natural or legal person in possession of a licence or authorisation for the manufacture, storage, use, transfer, import, export or trade of explosives shall be considered an undertaking in the explosives sector.

2. The holders of authorisations for the exercise of the activities covered by this Regulation shall have Spanish nationality or any of the Member States of the European Union and have a legally-appointed representative for the purposes of this Regulation. act in Spain, if not resident in Spain. In the case of a legal person, at least one of his legal representatives must have his residence in Spain.

Any variation affecting the representatives or members of your management body shall be notified to the Ministry of Industry and Energy, which shall inform the Ministry of the Interior.

3. The activities related to the manufacture or trade of explosives have the specific sector in the field of the right of establishment, in accordance with the Organic Law 1/1992, of 21 February, on the protection of the Citizen, and with Law 18/1992, of July 1, establishing certain rules on foreign investments in Spain.

Consequently, foreign investments, direct or indirect, in Spanish companies that aim to develop the indicated activities will require authorization from the Council of Ministers, whatever their percentage. participation in the social capital of the society concerned. Those investments shall comply with the requirements and conditions laid down in Royal Decree 671/1992 of 2 July 1992 on Foreign Investments in Spain, and in particular Article 26 thereof.

Article 6.

1. Other rights, in relation to the matters covered by this Regulation, shall not be administratively recognised as those specifically covered by authorisations granted by a competent body, in accordance with the provisions of this Regulation. Regulation and in the rest of the legal system.

2. The rights covered by the authorisations granted shall be non-transferable and inalienable, with the exception of the express authorisation granted for that purpose.

Article 7.

1. The duration of the authorisations shall be deemed to be indefinite unless a temporary limitation is expressly contained in the applicable provisions or the same authorisations.

2. Except in the cases referred to and for the quantities specified in Article 212 of this Regulation, the validity of the authorisations for the handling of explosives shall be conditional on the fact that the holders of such authorisations are maintain in force a liability insurance, for a quantity to be determined according to the class and quantity of explosive to be manipulated and the risk it may generate, taking into account the objective and subjective circumstances which in each assumption is met.

3. The authorisations shall lose their validity for the failure to comply with any obligation which conditions them or the alteration of the circumstances under which they were granted, without prejudice to the sanction which may be appropriate.

4. In the case of simple sub-health defects, the validity of the authorisation may be maintained in terms that are specifically identified by the competent authority in each case.

Article 8.

1. In the form set out in this Regulation they intervene:

(a) The Ministry of Industry and Energy, through the Directorate General of Mines, with general powers in the authorization of the activities regulated in this Regulation, as well as in the inspection and control of the activities.

b) The Ministry of the Interior, through the Directorate General of the Civil Guard, in compliance with the function of ensuring public security and, in the exercise of its powers in the field of explosives, regulated in the Law Organic 1/1992, of 21 February, on the Protection of Citizen Security, in all functions derived from the current legislation on explosives, and especially in the manufacture, storage, circulation, distribution, trade, transport and the holding of such materials.

(c) The Ministry of Defense, in compliance with the task of safeguarding national defense, in the authorization of the facilities of the factories and deposits of explosives and in the control of these factories in the concerning the national defense.

(d) The Ministry of Foreign Affairs, through the Directorate-General for International Economic Relations, in the authorization of transit from non-EU countries of foreign regulated matters by Spanish territory.

e) The Ministries of Economy and Finance, of Promotion and the Environment, in the activities regulated in this Regulation that are of their competence.

2. Competent authorities and administrative departments may, for security reasons, in accordance with applicable law, temporarily suspend, within the scope of their respective powers, any authorisation.

Article 9.

1. The Ministry of Industry and Energy shall keep up-to-date information on companies in the explosives sector holding a licence or authorisation for the manufacture, storage, transfer, import, export, transport, trade or use them.

2. Undertakings authorised for the manufacture, transfer or import and placing on the market of explosives must have a system of monitoring the holding of explosives in accordance with supplementary technical instruction No 2, which to identify, at all times, your holder.

3. Such undertakings shall keep records of their operations, which must be available immediately for possible control at the request of the competent authorities.

Article 10.

1. Explosives, cardboard and fireworks, materials and articles included in the following definitions shall be understood:

(a) Explosive Materials: solid or liquid materials (or a mixture of materials) which, by chemical reaction, can emit gases at temperature, pressure and speed such as to cause physical effects affecting their environment.

b) pyrotechnic materials: materials or mixtures of materials intended to produce heat, light, sound, gaseous or fumigated effects, or a combination of these effects, as a result of exothermic chemical reactions self-sustained non-detonators.

c) Explosive objects: objects containing one or more explosive materials.

(d) pyrotechnic objects: objects containing one or more pyrotechnic materials.

e) Cartuchery: cartridges fitted with pods and piston, and loaded with gunpowder.

(f) Materies and objects, not mentioned in the preceding paragraphs, manufactured in order to produce a practical effect by explosion or for pyrotechnic purposes.

The explosive materials and objects defined above correspond to those listed in Class I of the United Nations "Recommendations on the Carriage of Dangerous Goods".

2. For the purposes of this Regulation, it is understood by:

(a) Industrial security, to all the measures to be applied in order to avoid any type of accident that could occur in any of the activities related to the regulated matters.

(b) Citizen security, to all measures to be applied to protect the free exercise of rights and freedoms, to create and maintain the right conditions to that effect, and to remove obstacles that prevent it, avoiding any criminal offence which has as its object the regulated matters, the establishments relating to them or the means of transport in which they are displaced.

3. Materials which in themselves are not explosive materials, but which may form explosive mixtures of gas, vapours or powders, and devices containing explosive materials and/or pyrotechnic materials in quantity, are excluded from this Regulation. So small, or such a nature, that its initiation by warning or accident does not involve any outward manifestation in the device that may result in projections, fire, smoke, heat or loud noise.

CHAPTER II

Classification

Section 1 Explosives

Article 11.

Those materials and articles defined in Article 10 shall be considered as explosives, except for cardboard and pyrotechnics.

Article 12.

The composition and application of the explosives will determine their classification in:

1. Explosive materials.

1.1 Initiators Explosives.

1.2 Explosives breakers.

1.2.1 Explosive substances.

1.2.2 Explosive mixtures.

1.2.2.1 Type A Explosives (dynamites).

1.2.2.2 Type B-a Explosives.

1.2.2.3 Type B-b Explosives (nafos).

1.2.2.4 Type C Explosives (chloratits).

1.2.2.5 Type D Explosives (plastic explosives).

1.2.2.6 E-to-type Explosives (hydrogels).

1.2.2.7 Type E-b Explosives (emulsions).

1.2.2.8 Other explosive breakers.

1.3 Propulsive Explosives.

1.3.1 Black Polvoras.

1.3.2 Non-Smoke Polvoras.

1.3.3 Other boosters.

1.4 Other explosive materials.

2. Explosive objects

2.1 Dates.

2.1.1 Slow dates.

2.1.2 Quick dates.

2.1.3 Other Dates.

2.2 detonating Cordons.

2.2.1 Flexible detonating Cordons.

2.2.2 Profiled detonators.

2.2.3 Other detonating cords.

2.3 Detchers.

2.3.1 Mecha deters.

2.3.2 Electrical deters.

2.3.3 Non-electrical deters.

2.3.4 Other detonators.

2.3.5 Rels.

2.3.6 Other initiation systems.

2.4 Multipliers.

2.4.1 Multipliers without detonator.

2.4.2 Multiplicators with detonator.

2.4.3 Other explosive charges.

2.5 Other explosive objects.

Article 13.

For the purposes of the graduation of the risk involved in their handling, storage and transport, the explosive materials and articles are classified in the following divisions:

Division 1.1: materials and articles that present a mass explosion risk (mass explosion is understood to affect almost all of them almost instantly).

Division 1.2: materials and articles presenting a risk of projection without risk of mass explosion.

Division 1.3: materials and articles presenting a risk of fire, with a slight risk of flame or projection effects, or of both effects, but no risk of mass explosion and:

a) Quit combustion results in thermal radiation, if any.

b) To burn one another with minimal flame or projection effects, or both effects.

Division 1.4: materials and objects that only present a small risk in case of ignition or priming.

Division 1.5: materials that present a mass explosion risk, but with a sensitivity such that, under normal conditions, there is very little likelihood of initiation or that its combustion is transformed into detonation.

Division 1.6: objects that contain only highly insensitive substances and which offer an extremely low probability of accidental or explosion priming throughout the mass.

Article 14.

1. The classification of explosives corresponds to the Ministry of Industry and Energy who shall decide in accordance with supplementary technical instruction number 3.

2. Reports from the Ministry of Defence and the Mining Safety Commission, under the Ministry of Industry and Energy, will be required.

3. Weapons of war, with the exception of their explosive components, are expressly excluded from the classification referred to in paragraph 1 of this Article.

Article 15.

Explosives must comply with the essential safety requirements contained in supplementary technical instruction number 4, which are applicable to them, or be in conformity with the national regulations in accordance with the provisions of the complementary technical instruction number 3.

Article 16.

1. Explosives which are in conformity with national standards transposing harmonised Community standards the references of which have been published in the Member States shall be deemed to be in conformity with the essential safety requirements referred to in Article 15. 'Official Journal of the European Communities'.

2. The conformity assessment of explosives shall be subject to one of the procedures referred to in supplementary technical instruction number 5.

3. Notified bodies, included in the list to be published in the Official Journal of the European Communities, may carry out the conformity assessment procedures referred to in the previous paragraph, with a definition of the specific tasks for which those bodies are designated and the identification numbers corresponding to them, in accordance with the minimum criteria laid down in supplementary technical instruction number 6.

4. The Ministry of Industry and Energy shall designate the Spanish bodies which may carry out the tasks. The designation shall be notified to the Commission of the European Union. The notification shall be withdrawn if it is found that the body concerned no longer meets the above criteria.

Section 2

Article 17.

1. For the purposes of this Regulation, all types of cartridges fitted with piston pods and loaded with gunpowder, whether or not fitted with shells, are intended for purposes of this Regulation.

2. Pistons and piston pods, irrespective of whether they are empty or at half-load, shall have the same consideration, for the purposes of this Regulation, as the type of cartridge which may be manufactured with them.

Article 18.

The card will be sorted by the following typing:

1. Cartridges with projectiles:

1.1 To fire with a firearm, excluding hunting shotguns.

1.2 To shoot only with hunting shotgun.

1.3 Other types for industrial, agricultural, and so on.

2. Non-projectile cartridges:

2.1 Drive: with whose shot you will impose some body outside your pod.

2.2 Fooking: with whose shot you get sound effects simply.

2.3 Other types for industrial, agricultural, and so on.

3. Depending on the type of pod containing the projection load:

3.1 Metal.

3.2 Non-metallic.

Article 19.

Drive cartridges and those of a hoist whose powder load exceeds 0,3 grams shall be assimilated, in terms of movement, holding, storage and use, to the hunting cartridges.

Article 20.

Cardboard shall be classified, for the purpose of the graduation of the risk involved in its handling, storage and transport, in accordance with the criteria set out in Article 13.

Article 21.

1. The Ministry of Industry and Energy will be responsible for classifying the cardboard, carrying out the precise checks with this purpose, to verify the compliance with the controls provided for in the international agreements signed by Spain.

2. The report of the Ministry of Defence will be required in the classification files. If the Ministry of Industry and Energy is ruling that it is a war ammunition, the Ministry of Industry and Energy shall act by its own motion, sending it without further processing, communicating it in this regard to the applicant.

Section 3

Article 22.

Engineers or artifacts loaded with pyrotechnic materials or mixtures, generally deflagrants, as defined in Article 10, shall be considered as pyrotechnic devices.

Article 23.

The pyrotechnics will be sorted by the following typing:

Class I: fireworks that present a very low risk and are intended to be used in confined areas including the interior of housing buildings.

Class II: pyrotechnic devices that present a reduced risk and are intended to be used outdoors in confined areas.

Class III: fireworks that present a medium risk and are intended to be used outdoors, in wide open areas.

Class IV: pyrotechnics that present a high risk or are not determined and that are intended to be used by professionals only.

Class V: pyrotechnics for use in agriculture and meteorology:

(a) Fumigants, detonating strips and the like.

b) Anti-hail rockets, for rain provocation, and weather.

Class VI: pyrotechnic devices for use in railways, land and air transport, and location of persons:

a) Sound signals.

b) Light Signs.

c) Fumigated Signs.

Class VII: pyrotechnics for use in the navy:

a) Fumigated Signs.

b) Light Signs.

c) Sound signals.

d) Lanzacabos, etc.

Class VIII: pyrotechnics for use in cinematography, theatres and shows, for special purposes.

Article 24.

1. The Ministry of Industry and Energy will be responsible for classifying pyrotechnic articles, making precise verifications for this purpose.

2. Pyrotechnic devices shall be classified, for the purpose of the graduation of the risk involved in their handling, storage and transport, in accordance with the criteria laid down in Article 13.

3. The classification of pyrotechnic articles of Classes I, II and III shall be carried out in accordance with the provisions of supplementary technical instruction number 23.

CHAPTER III

cataloging

Article 25.

1. In accordance with the fourth final provision of the Royal Decree of approval of this Regulation, as long as the Community rules allowing for the full application of Directive 93/15 have not been developed, the the market for explosives for civil use, explosives, cardboard and fireworks, prior to their manufacture, transfer or import, must be catalogued by the Ministry of Industry and Energy.

2. The classification of explosives, prior to their use, shall be made by incorporation into the catalogue of those who have obtained the certificates of conformity and CE marking, and who have therefore been subject to an assessment of the their conformity, in accordance with the procedures referred to in supplementary technical instruction No 5 and which comply with the applicable safety requirements, as set out in Supplementary Technical Instruction No 4. Explosive or pyrotechnic materials or articles, not intended for direct placing on the market, but for use as raw materials for other final products, subject to conformity assessment, and which therefore only reach the final consumer as part of such products, shall be catalogued as provided for in supplementary technical instruction number 7.

3. The cataloguing of the card shall be carried out, upon presentation of the documented justification for the compliance with the controls provided for in the international conventions signed by Spain.

4. The cataloguing of the pyrotechnic devices shall be carried out after the appropriate tests have been carried out, in accordance with the provisions of supplementary technical instruction No 8.

Article 26.

1. The applications for cataloging, written in Spanish, will be sent to the Ministry of Industry and Energy, accompanying:

(a) Identification of the applicant, justifying, in the case of explosives, his or her status as an explosives sector undertaking in accordance with Article 9 of this Regulation or the relevant rules of the other Member States of the European Union.

(b) Technical memory of the product whose cataloging is requested, including description, characteristics and properties, with sufficient information to enable its classification in accordance with Articles 12 and 13, 18 or 23, in its case.

c) Safety instructions for handling and using them.

2. In the case of explosives fitted with the CE marking, certification shall be accompanied by the notified body certifying that marking.

Article 27.

1. The catalogue of explosives, cardboard and fireworks will operate as an administrative register under the Ministry of Industry and Energy.

2. The cataloguing will be carried out in three books: the first reserved for explosives, the second one for cardboard and the third one for fireworks, with the necessary indexes and auxiliary files.

3. Cataloging will be done with a review of the qualifying data in accordance with Chapter II of this Title I, in terms as broad as required for full identification.

4. The correspondence between an explosive, a cartridge or a pyrotechnic device catalogued and the product or article placed on the market shall be credited to the requirements of the Ministry of Industry and Energy, who shall determine the examinations or analysis to which the samples will be submitted.

Article 28.

1. Once it has been done, the cataloging will be communicated to the applicant, who will be able to request, at any time, his cancellation. The Ministry of Industry and Energy may obtain from the applicants justification for the actual placing on the market, of the products or articles catalogued and, if not, to proceed ex officio to the elimination of the catalogue, prior to communication to the those, who will be able to oppose reasoning.

2. Any modification of a listed product or article, which significantly affects the characteristics of the product or article, shall be communicated to the Ministry of Industry and Energy for the purpose of determining whether or not to proceed with a new cataloging. Replacing a non-explosive component with a similar function, which does not significantly alter the certified or cataloged features, will not require new cataloging.

Article 29.

1. The Ministry of Industry and Energy, prior to the report of the Directorate General of the Civil Guard and, where appropriate, the Ministry of Defense, may grant licenses to authorized manufacturers:

1. Prepare, store, transport and test explosives, cardboard and fireworks on an experimental basis and for the purposes of their subsequent cataloging, in accordance with a concrete test plan, approved by the Ministry Industry and Energy.

2. Manufacture, store and transport explosives, cardboard and fireworks, not catalogued, on a temporary basis and for transit or export purposes.

3. Make, store, transport and use explosives, cardboard or fireworks, not catalogued, in quantity and place.

2. Such licences shall set out the limitations and measures of any kind that condition their validity and the maximum period of validity, taking into account those of the Directorate-General of the Civil Guard.

Article 30.

The Ministry of Industry and Energy will make it easier for the Ministry of Defense and the Directorate General of the Civil Guard to provide detailed links to the explosives, cardboard and fireworks.

TITLE II

Explosives factories

CHAPTER I

Authorizations

Article 31.

The manufacture of explosives may only be made in factories approved in accordance with the rules of this Chapter and subject to the general requirements of this Title, as well as to the specific conditions to which subject to the authorisation. The manufacture of gunpowder and wick by pyrotechnics workshops for their own supply is exempted, subject to the limits of the quantity laid down in Article 128 of this Regulation.

Article 32.

1. Explosives factories may not be established, substantially modified or moved, but under the authorization of the Ministry of Industry and Energy, and after a favourable report by the Ministry of Defence and the Directorate-General of the Civil Guard, ears the Government Delegates in the Autonomous Communities.

2. In the case of establishment, substantial modification and transfer, the prior opening of a period of public information shall be required.

3. In the granting of authorisations for the installation, substantial modification or transfer of a factory, the capacity of applicants to ensure compliance with the technical obligations required by the applicant shall be checked. activity they intend to develop.

4. The authorizations for the establishment, substantial modification and transfer of a war weapons factory, which carry explosive incorporation, will be the responsibility of the Ministry of Defense, who, through the General Directorate of Armament and Material, may establish the supplementary documentation required in each case and the compliance with specific rules and manuals. The provisions of this Chapter shall be fully applicable, except as regards competent bodies.

Article 33.

1. Natural or legal persons who intend to establish a factory shall direct the Ministry of Industry and Energy with the corresponding application, accompanied by a project, in accordance with supplementary technical instruction No 9, which understand:

1. Descriptive Memory with detail of:

(a) Explosives to be manufactured, means of manufacture to be used, maximum production capacity and annual actual production capacity.

b) Study of the possible impact on the environment, with particular impact on the treatment and emission of effluents.

c) Accident prevention plan and safety report, if any, according to supplementary technical instruction number 10.

d) Citizen Security Plan as determined in Article 87 of this Regulation.

e) Identity of the legal representatives and members of their Board of Directors, in the case of legal persons.

(f) Social capital paid up, specifically pointing out the participation, if any, of foreign capital and the corresponding authorisation of the Council of Ministers referred to in Article 5 of this Regulation.

2. º Planes of implantation of the installations and topographical plane in which the site of the factory and the boundary lands are located within a radius of three kilometers, at least.

3. Intended investment budget.

2. The projects of explosives factories with the consideration of integrated chemical installation shall be subject to the legislation in force in the field of environmental impact assessment.

Article 34.

1. The authorisations for the transfer of factories shall be requested from the Ministry of Industry and Energy accompanied by a project, in accordance with supplementary technical instruction No 9, comprising:

1. The descriptive memory, in detail:

a) Move circumstances and conditions.

b) Study on the possible impact on the environment, with particular impact on the treatment and emission of effluents.

c) Accident prevention plan and safety report, if any, according to supplementary technical instruction number 10.

d) Study of the possible impact on the environment, with particular impact on the treatment and emission of effluents.

2nd Planes of installation of the facilities and topographic plane in which the new site of the factory and the border areas is located within a radius of at least three kilometers.

3. Move Budget.

2. The approval of the transfer of a factory shall cancel the authorisation for installation on its previous site.

3. Where the transfer of a plant involves substantial modification of the plant in respect of its existing authorisation, it shall be deemed to be a new establishment, the rules laid down for this being fully applicable.

Article 35.

1. Authorisations for the introduction of a substantial modification in a factory shall be requested from the Ministry of Industry and Energy accompanying a project, in accordance with supplementary technical instruction No 9, comprising:

a) Descriptive memory, in detail of the modifications that you intend to make.

(b) Planes of implantation of the modifications and topographical plane in which the site of the factory is located, with the modifications introduced and the boundary lands within a radius of at least three kilometers.

c) The expected modification budget.

In addition, the accident prevention and citizen safety report will be updated as appropriate.

2. A substantial modification of a factory shall mean:

Change of explosives for which production is authorised, in relation to the classification of Article 12.

Extension of production capacity provided that it modifies the placement regulation distances established in supplementary technical instruction number 11 or implies an increase of 25 per 100 or higher in the maximum capacity for authorised production.

3. The authorizations to introduce any other material modification in a factory will be requested from the Delegation of the Government in the Autonomous Community, through the corresponding Area of Industry and Energy, accompanying the corresponding technical project. The relevant resolutions shall be forwarded to the Central Services of the Ministry of Industry and Energy.

Article 36.

1. Where authorisation for the establishment, substantial modification or transfer of factories should be granted, reference shall be made to:

a) Natural or legal person to whom the authorization is granted.

b) Site location of the factory.

(c) Explosives whose manufacture is authorized and maximum annual production capacity limit.

d) Existences of explosives that, at most, may have.

(e) Pointing of hazardous areas and buildings, with determination of the requirements to be required.

f) Both industrial and citizen security measures to be adopted.

g) Specific conditions to which the authorization is submitted.

(h) Deadline for implementation, with the indication of the time limit, starting with the resolution, in which facilities should be completed.

2. The Ministry of Industry and Energy shall communicate to the applicant the obligation to provide a guarantee in the General Deposit Box, in any of the modalities provided for in the Regulation of the General Fund, at the disposal of the Secretariat (a) the State of Security, in relation to sanctioning powers in respect of authorizations, installations, operation, surveillance, control and prevention, intervention or inspection measures for factories, the amount of which shall be established, reason for the activity, including the indicated requirement in the authorization definitive establishment, substantial modification or transfer of the factories.

Article 37.

The authorisations will expire after the execution period has elapsed and the facilities will not have been finalised on the date due to the due cause to the parties themselves, who can, in any case, request an extension of the the same.

Article 38.

The change of ownership of a factory will require the approval of the Ministry of Industry and Energy, prior to the report of the Directorate General of the Civil Guard, who will be able to grant it, or not, reasoning, in the light of the documentation provided.

Article 39.

When installations of an explosives factory are totally or partially unused, the Ministry of Industry and Energy may authorize its reconstruction. In the event that substantial modifications are to be made when the facilities are rebuilt, the rules laid down in the cases of such modifications shall apply.

Article 40.

1. Completion of the operations of establishment, substantial modification, transfer or reconstruction of an explosives factory shall be carried out by the Industry and Energy Area of the Government Delegation in the Autonomous Community. precise to verify that the regulatory standards and the conditions specifically laid down in the relevant authorisation have been complied with.

2. If the result of the inspections is satisfactory, the said Area shall issue the appropriate certification of suitability for the purpose of the entry into operation of the facilities, by fixing the term.

Article 41.

1. The entry into operation of the premises relating to the establishment, substantial modification, transfer or reconstruction of the explosives factories shall require the express permission of the delegate of the competent government in the province where for the purposes of the certificate referred to in paragraph 2 of the preceding Article. Such permission shall be given to the bodies referred to in Article 32.

2. Operating permits shall be valid when the entry into operation has not taken place within six months of their granting or when all of their facilities remain inactive for a period of six months. In both cases, in order to resume the activity, permission from the Government Delegate in the Autonomous Community will be specified, once the suitability of its facilities by the Department of Industry and Energy has been certified.

Article 42.

1. The closure of an explosive plant shall be notified to the Ministry of Industry and Energy at least six months before the date of the total cessation of operations. The notification shall include a closure plan, in accordance with the supplementary technical instruction number 12, which shall be approved by the Ministry of Industry and Energy, which may lay down additional conditions.

2. Failure to comply with the closure plan referred to in the preceding paragraph, the Industry and Energy Area may request the Government Delegate to comply with the said closure plan under the guarantee provided for in Article 36.2.

Article 43.

1. The establishment, substantial modification and transfer of a factory shall be conditioned by the placement distances laid down in supplementary technical instruction number 11.

2. The measures provided for in that supplementary technical instruction may be reduced by up to 50 per 100 when the topography of the ground presents natural or artificial defences which provide sufficient protection against the effects of an explosion, establishing the effect of a certain proportionality between the existing defences and the required requirements.

Article 44.

1. The report of the Ministry of Industry and Energy shall be required in the administrative files for the authorization of works and services on land within the distance of the site indicated in the supplementary technical instruction Number 11.

2. This report shall be required to be favourable when it is intended to transform the soil within the indicated distances into urbanizable or buildable, which does not have such qualifications at the time of obtaining the municipal licence for the establishment of the factories.

CHAPTER II

Installations

Article 45.

For the purposes of this chapter:

a) Dangerous area: area of land where a set of hazardous buildings are located, including non-hazardous buildings.

b) Dangerous building: building housing one or more dangerous premises.

(c) Dangerous local: compartment, integrated in a building, in which the handling or storage of explosive materials or objects is carried out.

Article 46.

Manufacturing plants and buildings in which explosive materials are contained or handled shall be found, in their entirety, within an enclosure with adequate enclosure, equipped with an external corridor consisting of a strip of ground of at least three metres of width, entirely clear in such a way as to facilitate effective surveillance and protection.

Article 47.

1. Industrial deposits for the storage of raw materials, intermediate products and finished products may be installed inside the factory premises.

2. They may also have in their enclosure polvorines, not integrated in such industrial deposits, intended for the storage of raw materials and explosive products to be used in the manufacture, as well as warehouses adjacent to the premises for the storage of regulated products affected by the process.

3. Industrial deposits, as referred to in paragraph 1, shall in any event be subject to the provisions of Title V of this Regulation. Polvorines and warehouses, referred to in paragraph 2, shall, if they are not provided for in the initial approval of the factory, comply with the requirements laid down in Article 35 of this Regulation in respect of amendments thereto.

Article 48.

The auxiliary and service agencies involved in manufacturing which exist in the factory, and which are not dangerous premises, will be located in places that offer adequate security, provided that they are provides for the permanent presence of people.

Article 49.

Hazardous areas, buildings or premises shall be grouped according to the analogy of their activities or of the substances used, in avoidance of increases in risk by dispersion of operations.

Article 50.

Buildings will, depending on the nature of the risk, have the following constructive characteristics:

Donor building, being understood by such a one in whose interior an explosion, fire or fire can occur. Its construction will be carried out according to the distances to the other buildings, the quantity of explosives and the possible defenses, either with light materials that minimize the projections, or with resistant structures that may be partially The design shall be so designed that, in the event of an accident within, the shock wave or the fire-tongue, if any, are oriented in the most favourable direction. In this case they shall also be designed in such a way as to minimise the release of primary fragments in the event of an explosion.

A receiving building, which is understood by such a building that can be affected by the effects of an explosion or explosion outside the building. Its construction will be carried out according to the distances to the possible donor buildings, the quantities of explosives and the possible defenses, either with light materials or with resistant structures of adequate rigidity, whose design will be made of such that, in case of an explosion outside, its structure offers the necessary resistance so that it is difficult to abate and capable of withstanding the possible fall of fragments.

Article 51.

1. A separation criterion shall be observed at the site between the various manufacturing plants between those plants which are hazardous and which do not offer them.

2. Dangerous buildings shall also keep a distance from each other in respect of non-hazardous buildings in which there is a permanent presence of persons, as laid down in supplementary technical instruction No 11, constructive characteristics of the building, the type of explosive and the quantity of the explosive.

3. In certain cases, due to the rationality of the production processes and for the purpose of calculating the distances from other buildings or outside, the buildings involved in a given process may be considered as constituents of a the single set, calculating these distances on the basis of the total explosive material contained in the said set.

Item 52.

The defences or protections provided by the premises in which explosive products are handled or stored shall be provided in such a way as to, or safeguard the areas deemed necessary to protect in order to limit the effects of the an explosion inside, or safeguard the premises from an external explosion to the site, or simultaneously meet both missions.

Article 53.

1. Natural accidents on the ground, walls, embankments, merlons or artificial cavities may be used as defences or protections.

2. When the defence or protection is established on the basis of embankments, it may be covered with material, natural or artificial, which ensures, where appropriate, the profile of that material.

3. The projects referred to in Chapter I of this Title shall be justified by the non-construction, where appropriate, of the said defences or protection, or the characteristics of such protection or protection, if they are to be taken into account, of course, the recommendations concerning its construction, which are contained in the supplementary technical instruction number 13.

Article 54.

Due precautions should be taken for the movement of personnel in the areas exposed to obvious risk and to avoid such precautions as far as possible.

Article 55.

Without prejudice to the competences of the relevant forest administration:

(a) Whenever the characteristics of the land and the climatic conditions permit, it will be sought to encourage afforestation around dangerous areas and buildings, in order to contribute to reducing the effects in case of accident.

(b) The plantations shall be non-resinous and shall be arranged in such a way that, in compliance with the purpose for which they are intended, they do not involve any risk to the buildings surrounding them.

Article 56.

The corridors of access to the hazardous buildings shall have a sufficient width to ensure the rapid evacuation of the existing staff, with the minimum width of two metres. The space placed before the doors of these buildings shall be kept clear.

Article 57.

In those dangerous buildings or premises where during the development of the production process is necessarily present, the doors will open outward or, failing that, they will remain open and conveniently insured when there are personnel inside the premises, and in any case must be free from obstacles or obstacles that could prevent eviction.

Article 58.

1. The windows of dangerous buildings or premises shall be fitted with closure systems which provide sufficient security. Its cloths shall be closed by translucent, fragmentary material without risk of cutting. If they are closed by glass, they shall be armed or protected by metallic fabric or other appropriate protection.

2. The doors of hazardous buildings or premises shall be equipped with closure systems that provide sufficient safety.

Article 59.

The soil of the dangerous buildings or premises shall meet the requirements for the characteristics of the explosives manufactured or handled, and must, in any case, constitute a united surface, without cracks or fissures, easy to clean and wash, which, in addition, meets the condition of impermeability in the case of pavements on which explosives may be spilled in liquid state.

Article 60.

Gutters and other drainage ducts, in and out of hazardous buildings or premises, should be easily inspected and cleaned in all their tranches. Whenever their characteristics permit, they shall be discovered or easily accessible and designed in such a way that the explosive waste washed away by the water is deposited in a decanter from which it can be collected.

Article 61.

The walls of hazardous buildings or premises will form smooth surfaces, without cracks or fissures, and will be easy to clean and wash.

Article 62.

1. When heating is required in hazardous buildings or premises, it shall be sought through air, water or steam systems of low pressure or other appropriate similar means. No calorific ignition or incandescent foci may be used unless they are adequately protected and expressly approved by the Government Delegate in the Autonomous Community, prior to the report of the Industry and Energy Area.

2. In the case of a water or steam heating system in hazardous buildings or premises where there is a risk of explosive dust production, the radiators shall be smooth, not formed by tube of fins and shall be placed in places where they are not produce dust deposits so that they can be easily cleaned and their environment. They shall also be protected so that objects cannot be placed on them, in case such a fact may be at risk.

3. In such buildings or premises there shall be no elements or factors capable of causing sudden or severe changes in room temperature.

4. In the case of hot air heating systems, the heat-fired heating systems must be disposed outside the dangerous premises and the air from the outside shall be aspirated. Only hazardous local air uptake is allowed when a recycling filter is used to ensure that it is cleaned up.

5. The entry of hot air into hazardous buildings or premises shall be located in areas where the dust is not accumulated.

Article 63.

Ventilation and air capture in hazardous buildings or premises, intended to reduce or eliminate concentrations of gases, vapours or powders, should provide for the possibility of effective cleaning of the same.

Article 64.

Heat-producing power plants shall be located in separate buildings and at the appropriate distance from hazardous buildings.

Article 65.

1. The use of electrical energy within the hazardous buildings or premises shall be in line with the provisions of the specific regulations existing at any time.

2. Electrical power networks, electrical equipment and their fittings installed inside the hazardous buildings or premises shall comply with the specific provisions in force in each case.

3. Electrical power generators and transformers, if they are to be located inside dangerous buildings, shall be installed in isolation from the hazardous premises which exist therein, complying with the specific provisions in force on the material.

4. Those facilities where the lack of electrical energy may present a risk, shall have electricity generators for emergency cases.

Article 66.

Dangerous buildings will always be protected by lightning rods that will have to respond to existing legal regulations.

Article 67.

1. The premises of the factory shall be equipped with means to combat any fire conato.

2. Adequate water reserves in the case of fire, which may be used at all times, must be available in the factory enclosure or in the vicinity.

CHAPTER III

Operation

Article 68.

1. The directors of the explosive factories shall be qualified as superior explosives holders.

2. The appointment of the directors of the factories will require the express agreement of the Directorate General of the Civil Guard, prior to the favorable report of the Ministry of Industry and Energy.

Article 69.

The director of a factory and, where appropriate, those who have management responsibilities in the operation of the factory, shall ensure its proper functioning, as well as compliance with the safety standards provided for in this Regulation. in this Regulation and those special security measures which have been established in accordance with Articles 33, 34 and 35 thereof.

Item 70.

1. Before entering into their employment, staff shall be warned of the dangerous characteristics of the materials and products to which they operate and of the risks inherent in the handling of such materials.

2. It shall be provided, for its best information, a manual in which the rules of the internal system of the factory are collected.

Article 71.

1. The operation of the factories shall be carried out in accordance with safety criteria and procedures, to the end of which the systems, techniques and guidelines which are most suitable and effective shall be adopted.

2. Compliance with the industrial safety measures shall be kept under the supervision of the relevant Industry and Energy Areas, which shall carry out the relevant inspections and checks.

Article 72.

1. The materials or products to be used in the manufacturing process shall be the subject of the appropriate verifications in order to verify that their suitability is not at risk.

2. Verification of the characteristics of the manufactured explosives shall also be mandatory, with the corresponding reports kept for two years.

3. The factories shall have a laboratory with the necessary elements to enable the finished products to be checked and the precise systems or means to check the raw materials used, in any case present, the applicable quality regulations have the effect.

Article 73.

1. The operations to be carried out in the manufacture of explosives with products and raw materials characterised by their dangerousness shall be developed with due caution, avoiding any negligence, recklessness or improvisation.

2. The operators shall observe the instructions for production and safety given to them by their superiors.

Article 74.

Employees must use the footwear, clothing or other special means of protection provided by the company, appropriate to the materials they handle and the operations they carry out with them, when the conditions of the they require it.

Article 75.

Smoking shall not be permitted within the premises of the factories, except in the places or premises expressly authorised to do so, if any.

Article 76.

1. No fire shall be lit or any flammable or easily combustible materials shall be stored inside or in the vicinity of the dangerous buildings or premises, unless the safety measures are taken for unavoidable reasons. relevant.

2. Nor shall it be possible to penetrate such dependencies with objects capable of producing sparks or fire, except for special authorisation.

Article 77.

Maintenance or repair operations to be carried out in dangerous buildings or premises shall be subject to the methods of approval established at the factory by the address of the factory and shall be carried out by technically qualified personnel.

Article 78.

The length of stay outside of their warehouses or warehouses of the manufactured explosives and of the intermediate materials or products, characterized by their dangerousness, shall be as rationally as possible.

Article 79.

1. Operators shall take care of the conservation and perfect functioning of the instruments, machines and tools that they have in their capacity.

2. They shall immediately account for those responsible for their unit when they warn of any undue condition or action.

Item 80.

The necessary measures shall be taken to prevent the undue introduction of explosive or flammable material between machinery, apparatus or equipment, as well as the improper placing of such materials in the places exposed to the action of calorific elements or other class of elements incompatible with them.

Article 81.

1. The instruments, machines and tools used in the manufacture of industrial explosives, in addition to complying with the regulations in force at any time in this respect, must be manufactured with the materials most suitable for the operations or manipulations to be used.

2. In the handling or operation of such work items, abnormal shocks or frictions should be avoided.

Article 82.

Machines used in the manufacture of explosives shall be provided with a ground connection to prevent them from being loaded with static electricity.

Article 83.

The shipment of explosive products between the various premises of the factory shall be carried out in closed or covered containers, unless they are properly packaged or packed, avoiding shocks and frictions.

Article 84.

When a storm is formed and threatened in the vicinity of the factory premises, work in the hazardous areas will be suspended while appropriate action is taken in each case as long as the storm lasts, unless such interruption could be a cause of greater danger.

Article 85.

Explosive products must leave the factories and depots under the conditions laid down in the regulations for the transport of dangerous goods, in force at any time, or in international agreements on the the subject matter of Spain, in the case of exports.

Article 86.

1. Residues of dangerous raw materials or of explosive products produced or used in the manufacture shall be deposited in containers holding the appropriate security guarantees, where they shall be kept until such time as they must be destroyed or reused in an appropriate and secure manner.

2. The destruction of explosive materials and products shall be carried out, where appropriate, in specific locations duly conditioned according to the destruction procedure used.

3. The facilities and procedures used in the destruction of materials and explosive products must be expressly authorized by the Government Delegate in the Autonomous Community, prior to the report of the Department of Industry and Energy, which propose the specific conditions to which the destruction operations are to be adjusted.

4. Waste which may retain explosive properties shall not be disposed of, but must be subjected to the appropriate technical treatment to make them inert, unless appropriate security measures are taken, place authorised for further treatment or destruction.

5. The production and management of residues of explosives and of raw materials used for their manufacture shall comply with the provisions of the waste legislation, in particular that of toxic and dangerous waste, without prejudice to the requirements of this Directive. laid down in this Regulation and in other provisions resulting from implementation.

CHAPTER IV

Surveillance, control and prevention measures

Item 87.

1. Without prejudice to the fact that the Ministry of the Interior, through the Directorate-General of the Civil Guard, takes the measures of protection, control and inspection of the explosives factories, in view of the competition granted to it by the legal system, (a) to be considered necessary, such factories shall be under the supervision and protection of security guards of explosives belonging to a security undertaking, in accordance with a public safety plan of the factory, which shall be designed by the security, and that it will be approved, if necessary, by the Directorate General of the Civil Guard. The appointment and activity of the watchdogs shall be governed by the provisions of the legislation in force on private security.

2. From the different parts of the factory, communication with the security guards of explosives may be established, and the security company in charge of the security shall ensure the communication between its headquarters and the personnel. to perform the monitoring and protection of the factory.

3. In any case, an effective alarm system shall be available in connection with the Civil Guard Unit designated by the Directorate-General of the Civil Guard.

Article 88.

1. Security guards of explosives shall be vigilant in respect of the setting of the factory enclosure and of the hazardous areas, buildings and premises included therein.

2. Prior authorisation from the Directorate-General of the Civil Guard may be replaced, in whole or in part, by surveillance and protection by security guards of explosives by an electronic security system against theft and intrusion into connection to a central alarm system.

Article 89.

1. The closing of the factories shall be not less than two meters and 50 centimeters, of which the upper 50 centimeters shall be necessarily of barbed wire, and may be tilted toward the exterior 45 ° to the vertical.

2. In any case, it will be cleared and will not present any irregularities or elements that will allow it to be scaled. Any type of construction within the factory enclosure less than 10 metres from the enclosure shall be prohibited except for explicit authorisation.

3. It shall apply, in any case, as laid down in supplementary technical instruction No 1.

Article 90.

1. The doors of access to the premises of the factory, in periods where such access is open, shall be subject to constant surveillance by a security guard of explosives which controls the entry and exit of persons or things and shall have an effective connection method for transmitting alarms in case of need.

2. Such access doors shall be capable of responding to the characteristics required for the rest of the enclosure and their lock shall be safe.

Article 91.

1. Only the entry or exit in factories of persons or things which are authorised for the purpose and prior to the checks and controls which are appropriate shall be permitted.

2. The entry into an explosives factory of persons outside the plant shall require a written permission from the address, which shall be withdrawn upon departure, and must be signed in a guestbook entitled to the effect, after the corresponding identification.

3. Such persons shall be warned that they enter the factory in April at their own risk, and during their stay there must be accompanied by an employee whose instructions must be scrupulously adhered to, except that their presence, by reason for their activity, involves a continuous or frequent stay in the factory, in which case they must abide by the rules and instructions provided to them in advance and in writing by the address of the factory.

Article 92.

1. No alcoholic beverages or effects which permit the production of fire or are liable to affect the safety of the plant may be introduced into the factory. It is strictly prohibited to remove, without the relevant authorisation, from the factory premises, any dangerous product or waste.

2. The surveillance services shall carry out periodically, and without prior notice, individual records to ensure compliance with the provisions of the previous paragraph.

Article 93.

1. The staff must maintain order at the entrance and exit of the factory and its premises, as well as during their stay in the factory, and are forbidden to stay in them outside the corresponding working hours, unless expressly allow.

2. No employee may enter hazardous areas, buildings or premises where they do not need to work, without special authorisation.

3. When the activity in the hazardous buildings or premises ceases, its doors and windows shall be closed by duly securing them and the alarm systems shall be activated, if appropriate.

Article 94.

1. Dangerous buildings and premises must be clearly identified by a numerical, alphabetic or alphanumeric key. This key must be resented, in a visible manner, outside the building or local and close to access to it.

2. Inside such buildings or premises, where visible and adjacent to the main access, an identification plate shall be provided where the following information is collected at least:

a) Building or local identification.

b) The maximum number of people that you can host simultaneously.

c) The maximum net amount of explosive materials that you can contain.

d) General security measures.

e) Rules to be adopted in case of emergency.

Article 95.

It will be mandatory to have a fire service, which may be made up of factory personnel, to combat the fire that could originate in any of the facilities or premises thereof, an agreement with a previously established plan which must be reviewed annually.

Factory personnel who are eventually assigned to the fire service should receive periodic instruction.

Article 96.

1. The factories must have trained staff for the provision of first aid to the victims of possible accidents. They shall also be provided with the appropriate resources for the efficient provision of such resources.

2. The necessary evacuation methods shall be established to proceed to the urgent transfer of any person requiring external assistance, in accordance with the Emergency Plan established.

Article 97.

The management of the factory will be obliged to communicate immediately to the Industry and Energy Area of the Government Delegation in the Autonomous Community, any serious accident occurring in its premises, as well as any other repair which, as a result of the repair, is required to execute. This is without prejudice to the need for other authorities if, by the nature of the facts, they have to intervene.

Article 98.

When, in any event, a factory ceases to be in full or in part for more than six months, before resuming such activity, it shall inform the Industry and Energy Area thereof. which shall inspect the factory and proceed in the manner provided for in Article 40.2 of this Regulation.

CHAPTER V

Intervention and Inspection

Article 99.

1. The technical inspection of the factories shall correspond to the Area of Industry and Energy in the territory of which they radiate.

2. The said Area shall ensure that the facilities and activities are accommodated in the official authorisations in which they operate. It will also take care of strict compliance with regulatory requirements.

3. In the same way, it will be particularly aware of the compliance with the safety measures of the production processes and the technical aspects of the manufacture and storage of the regulated materials.

Article 100.

The factories will be subject to regular technical inspections, at least every six months. Without prejudice to the foregoing, where the Areas of Industry and Energy are aware that any anomaly within the territory of their jurisdiction would have occurred, they shall immediately provide for an inspection to investigate the causes of that and issue a report on it, without prejudice to the necessary precautionary measures.

Item 101.

1. Each factory will have a book completed by the relevant Industry and Energy Area, which will be on record as a result of how many inspections were to be carried out.

2. Those areas shall bear, for their part, a general book of inspections in which the entries to be carried out in the books of the factories referred to in the preceding paragraph shall be recorded.

Article 102.

1. The Areas of Industry and Energy may make mandatory requirements or recommendations for recommendations, and should be clearly distinguished from one another in the books of the books referred to in the previous paragraph.

2. The mandatory requirements shall be met within the time limit specified, unless reasoned opposition to the Ministry of Industry and Energy within a period of 15 days.

3. In cases of urgency, the Department of Industry and Energy may decide the immediate fulfillment of its requirements, giving knowledge of the actions to the Government Delegate in the Autonomous Community.

Article 103.

1. If the Area of Industry and Energy finds in its supervisory action sound grounds for advising the cessation, in whole or in part, of the activity, it may request the Government Delegate to withdraw or restrict the operating permit. granted.

2. In the event of an emergency, the Industry and Energy Area itself may decree the provisional suspension of all or part of the activities, giving immediate account to the Government Delegate, who will decide the appropriate time in the end of ten years. days. Likewise, if you find in your performance facts or circumstances of which you should understand, by reason of matter, some other authority, you will proceed to put them in knowledge of it.

Article 104.

1. The Ministry of Defense will supervise the activities and operation of the explosives factories in the aspects concerning the national defense.

2. Each factory will have an engineer-military inspector, designated by the Ministry of Defense, among the personnel of the Army Corps of Engineers. For the performance of its mission it will collect all the information it requires, at any time, on the means of production, capacity and state of the production facilities, as well as on the destination of the products manufactured and the fulfillment of the security measures of the facilities. At all times, you will be able to verify the veracity of such information by means of the relevant inspection visits to the factories. It shall also ensure, where appropriate, that the supply contracts are fulfilled to the Armed Forces, in order to achieve full effectiveness in terms of the terms, conditions and time limits provided for in these contracts, and may, for these purposes, request the competent authority to take all necessary measures.

3. The engineer-military inspector, if in his supervisory action, he has reasonable grounds to advise the total or partial cessation of an explosives factory, may be able to obtain from the Government Delegate the withdrawal or restriction of the permit to operation granted. In cases of emergency, it may decree the provisional suspension of all the activities of the factory or part thereof, giving immediate account to the Area of Industry and Energy and to the Government Delegate in the Autonomous Community, who will resolve the matter within ten days.

4. The engineering-military inspectors and the Industry and Energy Areas shall provide each other with information and data which they consider to be of interest for the best development of their mission, in the field of their respective competences. If you find in your performance facts or circumstances of which you should understand, by reason of matter some other authority, you will proceed to bring them to the knowledge of it.

Article 105.

The inspection of the security measures of the explosives factories and the control of the regulated materials found in them corresponds to the Intervention of Arms and Explosives that the Directorate designates. General of the Civil Guard, who will be able to carry out as many inspections as he deems necessary. From the anomalies observed, account shall be taken, for appropriate purposes, of the corresponding Government Delegate.

TITLE III

Workshops

CHAPTER I

General rules

Article 106.

1. The manufacture of cardboard and pyrotechnic products may only be carried out in officially approved workshops and subject to the requirements of this Chapter, as well as to the specific conditions which are applicable in each case.

2. In the files for the establishment of workshops, the authorization of which must be granted by the Government Delegates in the Autonomous Communities, prior to the favorable report of the Area of Industry and Energy and the Intervention of Arms and Corresponding explosives shall be required, without prejudice to the requirements of other provisions, for the opening of a prior period of public information.

Article 107.

The facilities and elements that integrate the workshop shall be located within an enclosure whose location shall meet the placement distances determined in the supplementary technical instruction number 11.

Article 108.

In the authorizations for the establishment of a workshop, reference must be made to:

a) Natural or legal person to whom they are issued.

b) Site of the workshop, with indication of its facilities and distances that condition it.

(c) Models of cartridges or pyrotechnic products whose production is authorised and their annual production volume, as well as the stock limit to be stored.

d) Provision of gunpowder, pistons and cebed pods, if any, which they may have or which they may store.

e) Specific conditions to which the authorization is submitted.

(f) Deadline for implementation of the project, indicating the date on which the installations are to be completed.

Article 109.

The change of ownership of a workshop will require approval of the administrative body to be approved by its establishment.

Item 110.

1. The authorisation for the transfer of the workshops will be subject to the same rules as to establish them, whatever the reason for it and even if the industry is reinstalled with its old elements.

2. The workshop transfer authorization will override the one granted for installation on your previous site.

Article 111.

1. Authorisations for substantial changes to a workshop shall be processed in accordance with the provisions of the establishment case. A substantial modification shall be defined as defined in Article 35.2 of this Regulation.

2. Any other material modification that is introduced in a workshop must be previously approved by the Government Delegate in the Autonomous Community, prior to the report of the Department of Industry and Energy, which will indicate the conditions under which it is to be carried out. If they affect the citizen security measures, the report of the Directorate General of the Civil Guard will be mandatory.

Article 112.

1. Where the facilities of the workshops are partially or totally unused, the Government Delegate in the Autonomous Community may authorise their repair or reconstruction, after report of the Industry and Energy Area.

2. In the event that some variant is to be introduced into the repair or reconstruction, the rules laid down in the modification cases shall apply.

Article 113.

1. Completed the operations of installation, transfer, substantial modification or reconstruction of the workshop, the services of the Area of Industry and Energy will rotate inspection visit to verify the compliance of the regulations and the specific conditions to be specified in the authorisation.

2. If the result of the inspection is satisfactory, the Industry and Energy Area shall issue a certificate of suitability for the implementation of the industry, giving time for this.

3. The entry into operation of the facilities and elements that make up the workshop will require the express permission of the Government Delegate with competence in the province, which will be granted, if necessary, in the view of the certificate of suitability and Favorable report of the Intervention of Arms and Explosives on security and surveillance measures.

4. The Government Delegate shall transmit a copy of the permit to the relevant provincial organ of the Industry and Energy Area, to the Town Hall of the place where the workshop radiating and to the Intervention of Arms and Explosives of the Command of the Guard Civil.

Article 114.

The authorisations will expire after the execution period has elapsed and the facilities will not have been finalised on the date due to the due cause to the parties themselves who, in any case, may request an extension of the the same.

Item 115.

Operating permits will lose their validity when all facilities remain inactive for a period of six months, in which case, in order to resume their activity, permission from the Government Delegate will be specified, prior report of the Industry and Energy Area.

Article 116.

The establishment, substantial modification or transfer of a workshop will be conditioned by the placement distances set in the supplementary technical instruction number 11.

Article 117.

1. In the premises of the workshop, the areas corresponding to premises in which the cardboard or fireworks, storage tanks of the regulated materials and dependencies or services are prepared will be perfectly differentiated. Industry auxiliaries.

2. The buildings of a workshop shall keep the distances established in the supplementary technical instruction number 11 from each other, depending on their constructive characteristics, type and quantity of hazardous material contained and the building being dangerous or not.

CHAPTER II

Cardboard loading workshops

Article 118.

1. The loading workshops must be supplied in a regulatory manner with the powder and pistons and the baited pods, if any, which they require, and the manufacture of gunpowder and pistons shall be strictly prohibited.

2. The provisions of powder, pistons and baited pods, as well as the stock of cartridges, the holding of which is permitted for each workshop, shall be determined by the supply required by normal operation.

3. The maximum quantities of powder, pistons and baited pods to be stored shall be set as expressed in the relevant authorisation.

Article 119.

The powder, pistons and baited pods must be used in the same conditions as they were acquired, without it being tolerable to carry out any transformation.

Article 120.

1. The loading workshops shall be permitted only for the manufacture of non-metallic cardboard, the loading and assembly process of which shall be limited to the operations which they may carry out.

2. The loading workshops may be authorised for the baiting of pods.

3. The loading and reloading of metal cardboard, except for factories approved in accordance with Title II of this Regulation, shall be prohibited, which shall be subject to the rules laid down therein. However, individuals may be allowed to recharge metal ammunition for their own consumption, provided that the requirements of supplementary technical instruction number 14 are met.

Article 121.

1. The loading workshops shall be equipped with an industrial tank for the storage of the powder and, where appropriate, the pistons, duly separated and isolated from the tank.

2. Special storage facilities suitable for piston pods and finished cartridges shall also be available under the conditions and quantities to be determined in the authorisation for the installation of the workshop.

3. In addition to the industrial deposit, small stores can be stored where the powder, pistons and piston pods are stored for a day of work. Such warehouses will be constructed separate from the workshops by sufficiently solid defenses or walls, to defend from the effects of their explosion to the staff and nearby buildings, observing the distances indicated in the technical instruction supplementary number 11. The maximum content of each of these warehouses shall be up to 100 kilograms of gunpowder and piston or piston pods corresponding to one day of production.

Item 122.

1. The maximum quantity of powder which may exist within the loading workshop shall be 10 kilograms unless they use the external feed hopper for the loading machines, in which case the maximum quantity of powder which may be in each hopper of Such loading machines shall be 2 kilograms, and must be fitted between the tolvines with adequate protection to prevent the passage from the deflagration of one tolvin to another. When feeding hoppers are used for the tolvines of the loading machines, the quantity of powder which each hopper may contain shall not exceed 20 kilograms. Such hoppers shall be adequately separated from each other and from the building in which the load is carried out, so that the workshop is protected in the event of the fire of the powder contained in the hoppers, and its connection with the loading machines must be disposed in such a way that a deflagration therein is not transmitted to the feed hoppers.

2. When the workshop is authorised for the baiting of pods, it shall be carried out in an independent building of the other hazardous buildings.

3. In the case where the packaging and packaging of the cartridges are carried out in the same building as the loading workshop, the maximum quantities of loaded cartridges which are tolerated shall be set as expressed in the corresponding quantities. authorisations. This limitation shall not be required where appropriate separation is established between the two sections, the packaging and the packaging and the loading sections. Daily, and once packed cartridges are packed, they will be moved locally suitable for storage.

Article 123.

1. The address of a workshop will correspond to a professional with sufficient legal training to empower him, whose appointment must be given by the Government Delegate in the Autonomous Community, prior to the report of the Industry and Energy.

2. Management shall be responsible for the operation and safeguarding of the workshop and in particular compliance with regulatory safety measures.

3. The intended staff shall be warned of the danger of their task and shall be informed of the precautions to be taken, and a manual shall be given to them in accordance with the rules governing the internal arrangements of the workshop and those of a general nature.

Article 124.

1. The staff of the workshop shall obey the orders it receives from its superiors and shall not carry out any operation, but in accordance with its instructions.

2. The preservation of equipment and instruments in perfect condition will be the responsibility of those who handle them.

3. Any anomaly that is observed in material or facilities of the workshop shall be immediately brought to the attention of the address of the workshop.

Article 125.

Articles 74 to 76, 79, 84 and 86 of this Regulation will apply to the operation of the freight workshops.

Article 126.

1. The closing of the workshops shall be no less than two metres from which the upper fifty centimetres shall be of barbed wire. It shall have a single access door, similar to that of the fence, with secondary doors having similar characteristics to the main one, when its opening is justified.

2. Where, in the opinion of the competent authority, the dimensions and characteristics of the workshop warrant it, the workshop shall be under the supervision and protection of security guards of explosives belonging to a security undertaking, in accordance with a public safety plan for the workshop, which will be designed by the security company, and approved, if necessary, by the Directorate General of the Civil Guard. Surveillance and protection by means of an electronic security system against theft and intrusion in connection with a plant may be replaced, in whole or in part, by means of an electronic security system against theft and intrusion. alarms.

Article 127.

The control and prevention measures laid down in Articles 91 to 94 and 97 and 98 of this Regulation shall apply to the workshops.

CHAPTER III

Pyrotechnics Workshops

Article 128.

1. The maximum daily production of regulated materials in the pyrotechnics workshops must be laid down in the mandatory authorization resolution. In no case shall the 200 kilograms of shooting or lifting powder, not more than 1,500 kilograms of pyrotechnic products or mixtures, be exceeded.

2. Where the above limits are exceeded, the workshop shall be considered as an explosives factory, with full application of all the provisions of this Regulation.

3. The various pyrotechnic workshops shall comply with the rules laid down in the relevant supplementary technical instruction.

Article 129.

1. The pyrotechnics workshops shall be equipped with an industrial warehouse in which, irrespective of their possible commercial action, the finished products and the intermediate and regulated raw materials used in their production shall be stored. manufacture. The maximum storage capacity may not exceed 650 kilograms of pyrotechnic substance, classes IV to VIII, per worker discharged at the workshop, and this limitation may be exceeded in the specific deposits that may be available. for classes I to III.

2. In addition, small auxiliary stores may be available for powder, pyrotechnic materials or mixtures or other raw materials necessary for a working day. The maximum capacity of these auxiliary warehouses shall be 100 kilograms of regulated materials.

3. Such warehouses and warehouses shall be provided separately from the manufacturing workshops and the remaining buildings existing in the workshop, in accordance with the provisions of the supplementary technical instruction number 11.

Article 130.

1. The pyrotechnics workshops will have a sufficiently strong enclosure to prevent the passage of people, animals or things, with a height of 2 meters, of which the upper 50 centimeters will necessarily be of barbed wire. They will have a front door and secondary doors that are justifiably necessary, all of which are similar to that of the fence.

2. In those workshops in which up to a maximum of five persons develop the activity and have a storage authorisation equal to or less than 500 kilograms of pyrotechnic substances, the enclosure shall have a minimum height of 1,50 metres, Of which the upper 50 centimeters will necessarily be of barbed wire.

3. When, in the opinion of the Central Intervention of Arms and Explosives of the Directorate General of the Civil Guard, the dimensions or other characteristics of the facilities warrant it, the workshops will have adequate means of alarm, approved for such Central Intervention, to ensure their safety.

Article 131.

1. The technical management of the workshop will be the responsibility of a person with professional training who will be able to do so, whose appointment must be given by the Government Delegate in the Autonomous Community, prior to the report of the Industry Area. and Energy.

2. Such management shall ensure the operation and safeguarding of the workshop and, in particular, compliance with regulatory safety measures.

3. The firing of organised public pyrotechnic spectacles shall be regulated by the corresponding complementary technical instruction. The use of class IV devices may only be carried out by personnel belonging to a duly authorised pyrotechnics workshop, such staff responsible for the firing shall be in possession of an accredited trigger meat.

Article 132.

The recruitment of staff and their appointment for qualified roles must be the subject of the workshop's responsible approval, who will warn each employee of the risks of their work and inform them about the the precautions to be taken, and must be provided with an instruction manual in which the internal rules of the workshop are collected and those applicable in general to this Regulation.

Article 133.

1. The destruction of hazardous waste shall be carried out in accordance with the provisions of Article 86 of this Regulation.

2. In the pyrotechnics workshops, the areas for auxiliary services shall be clearly separated, and the waste disposal areas may be disposed of, if appropriate, outside the enclosure of the workshop.

Article 134.

The operation of the pyrotechnics workshops shall apply to Articles 44, 46, 91 to 95 and 97 of this Regulation.

TITLE IV

Packaging

CHAPTER I

General rules

Article 135.

1. In order to be placed on the market, the materials covered by this Regulation shall be properly conditioned for the best conservation and safety in their use and transfer, in accordance with the provisions laid down in the regulations. on the transport of dangerous goods and, failing that, in this Title.

2. The packaging or packaging of such materials shall be carried out unless otherwise approved by the competent authority.

Article 136.

For the purposes of this Title, the following definitions shall apply:

a) Envase, the container or enclosure intended to receive or contain materials or objects.

b) Packaging, the external protection with which, where appropriate, certain packaging is given.

Packaging may be external, in case of packaging that lacks packaging or protective elements, or interiors, if any.

Article 137.

The regulated materials may not be extracted from their packaging but for justified reasons and for their handling or appropriate use.

Article 138.

1. Any outer packaging or packaging must conform to a type of construction which is tested and approved in accordance with the provisions on packaging and packaging of the regulations concerning the transport of dangerous goods. The packaging and packaging to be used shall conform to the approved constructive type. On its exterior the markings, durable and visible, indicating their conformity to the type of approved design shall appear.

2. The outer packaging and packaging shall bear the corresponding hazard signs and labels corresponding to them in accordance with the applicable rules, as well as labels enabling the identification of their contents, in addition to the number of cataloging the product.

3. Such labels shall correspond to the formats, dimensions and characters shown in supplementary technical instruction No 15, and their affixing on packaging and packaging shall not exempt from compliance with the labelling requirements laid down in the any other rules that are applicable.

4. The Ministry of Industry and Energy may exempt from the compulsory application of labels in small-scale packaging, by dictating appropriate identification rules.

Article 139.

For each outer packaging or packaging, the phrases must be printed at least in Spanish:

a) Risk of explosion by shock, friction, or fire.

b) Protect from heat sources. Do not smoke.

Article 140.

Instructions concerning the security of handling, storage, use and disposal of packaging must be included inside the outer packaging or packaging, at least in Spanish, with indication, if appropriate, of any of the following: of all the devices and accessories necessary for reliable and safe operation. These safety instructions shall include, as appropriate, the following data:

(a) Identification of the subject or object and of the person responsible for marketing and trade name with which they are catalogued.

b) Information about its components.

c) Identification of hazards.

d) First aid.

e) Fire fighting measures.

f) Measures to be taken in case of accidental dumping.

g) Manipulation and storage.

h) Exposure/individual protection risks.

i) Toxicological information.

j) Considerations regarding destruction.

k) Information regarding transport.

l) Regulatory information.

m) Other information.

Article 141.

Empty, non-clean packaging and packaging must be well closed and present, where appropriate, the same sealing conditions and the same hazard labels as if they were full.

Article 142.

Regulated materials may not be packaged or packaged in common with other dangerous goods or with other goods which are not subject to the rules affecting those dangerous goods.

Article 143.

The shipper, either in the transport document, or in a separate statement, incorporated in this document or combined with it, must certify that the matter presented is admitted to the transport according to the provisions of the ADR/RID, and that its the condition, its conditioning and, where appropriate, the packaging, the large container for bulk objects or the container, and the labelling are in conformity with those provisions. In addition, if several dangerous goods are included in the same collective packaging or in the same container, the consignor will have to declare that this common packaging is not prohibited.

CHAPTER II

Specific rules for explosives

Article 144.

1. For simple elements or units of product, such as cartridges or detonators, it shall be clearly visible:

a) Manufacturer name or identification.

b) The business name of the product,

c) The identification key, in relation to Article 9.2 of this Regulation, and

d) CE marking, if any.

2. In products of small size or specific characteristics, the Ministry of Industry and Energy may exempt from the compulsory application of these inscriptions, by dictating, on a proposal from the person concerned, the appropriate replacement rules.

Article 145.

The CE marking, as referred to in Article 25.2 of this Regulation, shall be affixed in a legible, easily visible and indelible manner, on explosives or, if this is not possible, on a label, manufactured in such a way as to may be re-used, fixed to them, or, finally, if the first two methods are not possible, on the outer packaging. The supplementary technical instruction number 16 sets out the model to be used for the CE marking.

Article 146.

It is forbidden to place on the explosive marks or inscriptions that may deceive third parties about the meaning and graphics of the CE marking. The remaining marks to be fixed on the explosives shall not reduce the visibility and legibility of the CE marking.

Item 147.

Where it is established that the CE marking has been affixed unduly or that an explosive bearing the CE marking may endanger safety, the competent authority shall take all appropriate measures, in front of the person responsible for the marking. placing on the market, in order to restrict or prohibit the placing on the market or free movement thereof, by informing the Commission of the European Union and the other Member States thereof, without prejudice to any penalty from.

Article 148.

When certain explosives are covered by other regulations relating to other aspects and in which the CE marking is established, this marking shall indicate that the products referred to are also in conformity with the provisions of these other rules applicable to them.

Article 149.

In the outer packaging or packaging of the electric detonators, the electrical characteristics of the electric detonators must be indicated, in addition to the general characteristics: resistance, safety current and ignition impulse, such as: minimum.

TITLE V

Storage

CHAPTER I

General rules

Item 150.

1. The deposit shall mean the place for storage of the regulated materials, with all the elements constituting it.

2. Deposits may be:

a) Industrials.

b) Commercial.

c) Consumption.

3. The industrial deposits are those located within the premises of the factories or workshops, intended to store their production or raw materials of a regulatory nature, without prejudice to a possible commercial function.

4. Commercial deposits are those intended exclusively for the storage of regulated products from a national factory or workshop or introduced or imported, prior to their supply to third parties.

5. The consumption deposits are those intended for the storage of the products regulated for consumption by the holder.

Article 151.

1. The construction, within the enclosure of a tank, of a local conditioning for the storage of industrial explosives, cardboard or fireworks shall be understood. The warehouses referred to in Articles 47.2, 121.3 and 129.2 of this Regulation shall not be regarded as polyvorins.

2. The polvorines may be:

a) Surfaces.

b) Semiburied.

c) Subways.

3. The surface polvorines are buildings in the open environment in which natural or artificial defenses may exist or not. The maximum capacity of each surface powder shall be 25,000 kilograms net of regulated matter.

4. The semi-buried polvorines shall be earth-coated in all their faces, except on the front. This coating will have a minimum thickness of one meter at the top of the building, descending the lands all over its parts according to its slope and not being able to have in any of its points of fall a thickness of less than one meter. The maximum storage capacity of each semi-buried powder shall be 50,000 kilograms net of regulated material.

5. Underground polvorines are excavations that are accessed from the outside by a tunnel, a ramp, an inclined well or a vertical well. The maximum capacity of each underground powder or niche shall be 5,000 kilograms net; but it shall be limited to 1,000 kilograms net if the powder keg is close to the usual presence of persons.

Article 152.

Polvorines shall be constructed with due technical guarantees according to their storage capacity and the nature of the materials to be used.

Article 153.

The operation and security of the deposits will respond to the holders of the deposits or those to whom the enjoyment of the ownership has been granted, without prejudice to the responsibility of the company of security in charge of its surveillance. If they are legal persons, their legal representatives will respond.

CHAPTER II

Authorizations

Article 154.

1. The establishment of commercial and consumer deposits up to a total capacity of 10,000 kilograms net of regulated matter will be authorized by the Government Delegate in the Autonomous Community, prior to the report of the Area of Industry and Energy Intervention of Arms and Explosives of the Civil Guard. In any other case, they shall be authorised in accordance with the provisions of this Regulation in respect of the establishment of factories or workshops, in the case of explosives, or of fireworks and fireworks.

2. Deposits which are not covered by the corresponding official authorisation shall be considered to be illegal.

Article 155.

1. Natural or legal persons who intend to establish a deposit, in accordance with Article 154, must make a corresponding application, accompanied by a technical project of the facilities, which shall include the following: documentation:

(a) Descriptive memory, in detail of the capacity of the tank, indicating its destination with respect to the storage of industrial explosives, cardboard or fireworks.

(b) A topographical plane in which the site of the deposit and the boundary land is located, with the precise data to determine the distances referred to in Article 165.

c) Citizen security plan.

d) Budget.

(e) Identity of legal representatives and members of the Board of Directors, in the case of legal persons.

2. For the better to resolve, the applicant may be sought as much as possible for additional data.

Article 156.

1. The authorisations for the substantial modification of deposits shall be requested from the same authority to which it is appropriate to authorise their establishment in the case of a new facility, accompanying the draft changes which they intend to introduce, with descriptive memory, detailing the impact of the innovations in terms of storage capacity, security or change of activity, if any.

2. Where the modification of a deposit, approved in accordance with Article 154, involves exceeding the storage capacity limits laid down therein, it shall be processed in accordance with the provisions laid down for the substantial modification of the storage capacity. factories or workshops, in the case of explosives, or of fireworks and fireworks.

3. The authorizations for the remaining modifications of the deposits will be requested, accompanying the descriptive memory of the same, of the Delegate of the Government in the Autonomous Community, who will resolve previous report of the Area of Industry and Energy.

Article 157.

1. Authorisation shall be granted only for the establishment of a deposit where the request is in accordance with duly justified needs. Those authorisations shall be non-transferable, except express authorisation, in accordance with Article 164 of this Regulation.

2. The provisions of the preceding paragraph shall be applicable to authorisations for the substantial modification of already established deposits. A substantial modification is understood to mean that the placement regulation distances laid down in supplementary technical instruction number 11 are modified by more than 25 per 100, or a change in the activity to be carried out in the repository, or a change of the total capacity of the installation set.

3. In no case may transfer authorisations be granted to change the deposit site, and the instruction of a new establishment must necessarily be carried out for this purpose.

Article 158.

Authorization for the establishment or substantial modification of a deposit will require the opening of a public information period.

Article 159.

If authorisation for the establishment or substantial modification of deposits should be granted, it should be expressly stated:

a) Natural or legal person to whom the authorization is granted.

b) Repository class.

c) Place of placement.

d) Materies whose storage is authorized.

e) Maximum capacity of the repository.

(f) Specific conditions to which, where appropriate, the authorisation is subject to the monitoring and security measures to be taken.

(g) Deadline for implementation, indicating the date on which the works and installations are to be completed.

Article 160.

The authorisations will expire after the execution period has elapsed and the facilities will not have been finalised on the date due to the due cause to the parties themselves, who can, in any case, request an extension of the the same.

Article 161.

After the establishment or modification of a deposit, the services of the Area of Industry and Energy will carry out the appropriate technical inspection to verify that the regulatory norms have been fulfilled in its execution and the conditions specifically set out in the appropriate authorization.

The Civil Guard Weapons and Explosives Intervention shall also verify the citizen security and surveillance measures established in the said authorization.

Article 162.

When the result of the inspections is satisfactory, the corresponding Government Delegate shall issue to the applicant the appropriate certification of suitability and implementation, for the purpose of the opening and enjoyment of the ownership of the same, giving an account to the corresponding provincial organ of the Area of Industry and Energy, to the Intervention of Arms and Explosives of the Civil Guard and to the Municipality of the municipality.

Article 163.

1. The Industry and Energy Areas shall carry out an ordinary inspection of the explosives depots, at least annually.

2. Without prejudice to the foregoing, where such areas are aware of any anomaly in a warehouse within the territory of their jurisdiction or where they consider it appropriate to carry out the relevant extraordinary inspections.

3. Both the ordinary and the extraordinary inspections will issue a report on the outcome of the inspections to the Government Delegate, sending a copy of the report to the Ministry of Industry and Energy, regardless of whether the precautionary measures that will be advisable.

4. The inspection on citizen security measures of the deposits and the control of the regulated materials stored in them corresponds to the Intervention of Arms and Explosives that the General Directorate of the Guard Civil in whose territory they are located, which may carry out as many inspections as it deems necessary. From the anomalies observed, account shall be taken, for appropriate purposes, of the corresponding Government Delegate.

Article 164.

1. Deposits may only be used by those who are recognised as holders of such deposits.

2. They may also be used by those natural or legal persons to whom the holders gave their exploitation.

3. The transfer of the holding and the change in ownership of a deposit shall require the approval of the authority to which the deposit is granted.

Article 165.

1. The sites of the deposits shall be governed by the additional technical instruction number 11. These distances may be reduced by half when there are adequate natural or artificial defences. The measurements shall be made from the buildings in which explosive substances are stored.

2. The measurements referred to in the previous paragraph refer to the powder keg unit. Where there are several polyvorins falling within the same enclosure, the measures applicable shall be those corresponding to the maximum capacity powder, provided that the distances of the others are included.

3. The distances referred to in the preceding paragraphs shall not apply in respect of the industry's own facilities to which the powder keg belongs.

Article 166.

1. Where, after the establishment of a deposit, alterations were made which, by reason of the distances required by the preceding article, would invalidate the authorization, thereby forcing the deposit to be lifted, a a reduction margin of up to 25 per 100 of such distances, provided that they are tanks whose defences or protections provide sufficient guarantee.

2. Such a margin of reduction may be granted only by the authority to which the authorization of the establishment corresponds, prior to the necessary verifications and formalities referred to in Article 156.

CHAPTER III

Installations

Article 167.

1. Underground reservoirs shall be designed in accordance with the provisions of supplementary technical instruction No 17. The communication of each underground powder, or of the deposit which may constitute, if several, with the work of exploitation or with the exterior, shall be carried out through a broken gallery, of sufficient section, that at each angle shall have a culaton or expansion chamber, the length of which shall be at least equal to the width of that gallery.

2. In underground reservoirs, citizen security measures will be projected according to the specific characteristics of each case and must be previously approved by the Civil Guard's Arms and Explosives Intervention.

3. In particular, where these deposits are located within a mining operation, the Arms and Explosives Intervention of the Civil Guard shall determine, in each case, the need or not to apply the provisions of Article 178.

Article 168.

The construction of the surface and semi-buried polvorines shall be carried out, as appropriate, in accordance with Article 50 of this Regulation.

Article 169.

Each powder keg shall be made up of a single storage room, without compartments or dividers, and its only openings to the outside shall be those corresponding to the ventilation ducts, the entrance door, and the lighting from the exterior duly protected. If the lighting is interior, it shall have the appropriate degree of protection.

Article 170.

1. The pulvorines will only have one door that will be provided with security closure and will open out.

2. In the case of an underground powder keg, the door will be located at the external mouth of your communication gallery.

3. Except during loading and unloading operations, the space placed before the doors of the pulvorines shall be kept clear.

Article 171.

Surface or semi-buried polvorines will be protected by lightning rods that will have to respond to current technological standards.

Article 172.

All polvorines will be equipped with extinguishers and means necessary to quickly combat any fire conate, according to a previously established plan, which must be annually reviewed. Also, non-underground reservoirs shall be provided in their vicinity with a water tank with adequate reserves to be used in the event of fire. The staff of the depot assigned to the fire service shall receive regular instruction.

Article 173.

The soil of the pulvorines must meet the requirements for the characteristics of the explosives stored, and must be in any case a united surface, without cracks or fissures, easy to clean and wash.

Article 174.

1. The ventilation of the pulvorines shall, in principle, be carried out by means of natural aeration systems, the use of which is only authorised for the use of aeropropelled appliances, with due safety conditions and when their installation is situated outside the " The use of such apparatus may be authorised in underground tanks, inside the dust-ups, provided that they are fitted with safety devices which are considered appropriate.

2. The vents will be conditioned so that, through them, it is not possible to throw objects inside the powder keg.

Article 175.

1. The separation between boundary polvorines, not underground, will be determined by the distances shown in the supplementary technical instruction number 11, by measuring such distances from the internal paraments of the powder keg.

2. In the aforementioned supplementary technical instruction, the term "without defenses" in the surface polvorines means that between the two polvorines considered there is no natural or artificial defense. The term "with defenses" means that between the two polvorines considered there is at least one natural or artificial defense.

Article 176.

1. In underground reservoirs, the separation of the polyvorines from each other shall be in accordance with the supplementary technical instruction number 17.

2. The maximum capacity of underground reservoirs shall be 10,000 kilograms.

Notwithstanding the provisions of this article and the previous article, taking into account that the transmission of the effects of a possible explosion depends on the geotechnical conditions of the land, in specific cases, the Ministry of Industry and Energy, once the relevant technical studies have been carried out, may modify such distances and maximum capacities.

CHAPTER IV

Surveillance, control and prevention measures

Article 177.

1. Polvorines or other dangerous buildings forming the tank shall be completely situated within the limits of a fenced enclosure, and must be at least ten metres from those limits.

2. The enclosure of a tank shall be adequately illuminated and equipped with a sufficiently resistant enclosure to the General Directorate of the Civil Guard to prevent the passage of persons or animals, with a height of not less than two meters, which the upper fifty centimeters will necessarily be of barbed wire, and can be tilted to the exterior 45. ° to the vertical. In this case, only access to a door with the necessary closing elements shall be provided, unless the Government Delegate, prior to the report of the Arms and Explosives Intervention of the Civil Guard, has authorized the contrary.

Article 178.

1. Commercial and consumer deposits will count for surveillance with security guards of explosives belonging to a security company, according to a citizen security plan of the deposit, which will be designed by the company of security, and approved, where appropriate, by the Directorate General of the Civil Guard, in accordance with the provisions of supplementary technical instruction number 1.

2. Such surveillance may be replaced by appropriate alarm systems, the suitability of which shall be expressly indicated in the establishment authorisations or, where appropriate, substantial modification of the deposit.

3. In any case, an effective alarm system shall be available in connection with the Civil Guard Unit designated by the Directorate-General of the Civil Guard.

Article 179.

The storage of the regulated materials will be carried out with caution. When overlapping boxes are stored, they must be stacked with the lid upwards, not exceeding the stacking height-when it is performed manually-of one and a half meters. In the case where trays or pallets are used for the movement of the boxes, the stacking height may be three and a half metres.

Article 180.

In no case can any incompatible materials be stored together. The common storage incompatibility is included in the complementary technical instruction number 22 of this Regulation.

Article 181.

Personnel assigned to a warehouse shall be instructed on the dangerous characteristics and risks inherent in the handling of the materials and products stored therein.

Article 182.

1. The fire shall not be lit, nor shall it store combustible or easily flammable materials inside or in the vicinity of the pulvorines.

2. Nor shall it be possible to penetrate into the enclosure of the polvorines of a tank with any object capable of producing flame or spark.

Article 183.

Repair operations to be carried out within the enclosure of the polvorines of a tank must be carried out by technically qualified personnel, taking as many precautions as possible.

Article 184.

1. The entry into the enclosure of the polvorines of a deposit shall only be permitted to persons specifically authorised, prior to the checks and controls which are appropriate.

2. Such persons shall be warned that they enter the premises at their own risk and during their stay there shall comply with the rules and instructions given to them.

Article 185.

1. Effects which are likely to affect the safety of the container shall not be introduced into the enclosure of the polvorines.

2. Surveillance services shall carry out at random and without prior notice individual records to ensure compliance with the provisions of the previous paragraph.

3. The holding and custody of the keys to the explosives depots and their polvorines corresponds to the Intervention of Arms and Explosives of the Civil Guard or, by previous and express delegation, to the security companies that provide the services of surveillance of the same, in the terms established in supplementary technical instruction number 1.

CHAPTER V

Special storage

Article 186.

1. The special storage arrangements referred to in this Chapter shall be excluded from the general arrangements for deposits.

2. Accidental storage of the regulated materials outside the tanks may be permitted where circumstances such as accident or unforeseeable cause in the transport are present.

Article 187.

1. The armerias may store, after authorization of the Government Delegate in the Autonomous Community, with report of the Area of Industry and Energy and the Intervention of Arms and Explosives of the Civil Guard:

a) Polvora for sale in sealed containers, up to 20 kilograms.

b) Non-metallic hunting Cartuchery, up to a maximum of 500,000 units.

c) Metal Cartuchery, up to a maximum of 250,000 units.

d) Fooking Cartuchery, up to a maximum of 500,000 units.

e) Pistons for cardboard, up to a maximum of 200,000 units, in sealed packages.

f) Propulsed capsules, in sealed containers, up to a maximum of 500,000 units.

2. Security companies may store in their premises the necessary card for the performance of their duties. To this end, they will adopt the necessary security measures, which will be approved by the General Directorate of the Civil Guard, prior to the report of the Intervention of Arms and Explosives. The General Directorate of the Civil Guard shall fix the maximum amounts of storage.

3. Firing ranges and galleries, as well as companies specialized in the custody of weapons, will be able to store in their facilities, cardboard, prior authorization of the Intervention of Arms and Explosives, as long as they meet the necessary security measures. The Civil Guard shall, in the authorization itself, fix the maximum quantities of storage.

Article 188.

The establishments selling pyrotechnic products may store, after authorization from the Government Delegate in the Autonomous Community, with a report from the Area of Industry and Energy and the Intervention of Arms and Explosives of the Civil Guard, up to 15 kilograms of regulated matter.

When the quantity of pyrotechnic products is such that the 15 kilograms of regulated matter are exceeded, these products must be stored in premises that comply with the provisions of the complementary technical instruction Number 19. These premises shall also require the authorisation of the Government Delegate, prior to the reports referred to in the previous paragraph.

Article 189.

1. For the loading or reloading of cardboard by private persons it may be stored up to one kilogram of gunpowder, one hundred units of pods with piston and one hundred pistons.

As for the storage of cartridges, the sum of those charged or recharged by individuals and those purchased from merchants cannot exceed the limits set out in Article 212.

2. Upon authorization of the Arms Intervention, the holders of the Book of Arms Collector, with sufficient security measures, will be able to collect cardboard of any kind or class with the following conditions:

(a) Only up to five cartridges of each class, caliber, mark and year of manufacture may be possessed.

(b) Annually, whenever there has been variation, a list of the cartridges that are held as a model of the Arms Intervention shall be presented, which shall keep a copy and seal the original.

c) Cartridges of authorized merchants or other authorized collectors may be purchased only.

Article 190.

1. By the Government Delegates, prior to the report of the corresponding Areas of Industry and Energy and the Intervention of Arms and Explosives of the Civil Guard, they will be authorized, to the users of explosives, distribution auxiliary polvorines, with a maximum unit capacity of 50 kilograms or 500 detonators, without exceeding the number of 10 auxiliary dust-ups per installation.

2. The powder keg must be constructed in the form of a strong concrete or steel case, fully anchored to the ground and with a steel door fitted with a safety lock; in this case the presence of explosives security guards shall not be required. In addition, the powder keg shall be of a type approved by the Ministry of Industry and Energy, after reporting the Central Intervention of Arms and Explosives.

3. The distances of the polvorines to each other and to population cores, industrial complexes, lines of communication, etc., will be according to the complementary technical instruction number 18.

Article 191.

1. For certain special temporary work, such as road excavations, canals, etc. in which, as a result of the progress of the work, it is appropriate to move the explosive deposits periodically, deposits of a maximum capacity of 5,000 kilograms, consisting of pre-made or constructed polvorines so that they can be moved from one place to another. In any case, the displacements will always take place in a vacuum.

2. These polvorines will be authorized for the entire national territory by the Ministry of Industry and Energy, prior to the favorable report of the Directorate General of the Civil Guard, and will be applicable to them in this Regulation.

3. The installation of the deposit, in each case, shall be authorized by the corresponding Government Delegates, in accordance with the provisions of Article 154. The installation authorisations shall set a time limit for the validity of the installation authorisations.

Article 192.

1. For other work, such as geophysical or similar prospecting, where the explosive must be continuously moved, mobile polvorines with a maximum capacity of 1,000 kilograms, installed on a motor vehicle, may be used. minimum conditions for such vehicles as required by the National Regulations for the Carriage of Dangerous Goods by Road.

2. These polvorines will be authorized for use throughout the national territory by the Ministry of Industry and Energy, prior to the favorable report of the Directorate General of the Civil Guard.

3. Its installation in a work zone must be approved by the Government Delegate in the Autonomous Community, prior to the report of the Area of Industry and Energy, and the Intervention of Arms and Explosives of the Civil Guard. When the powder keg is moved from one point to another of the national territory, the same user must, in any case, give knowledge to the Weapons and Explosives Interventions of those places and, in addition, to the Government Delegates in the respective Autonomous Communities and the provincial bodies of the Areas of Industry and Energy, when the shipment is verified from one province to another.

4. The use of these mobile pulvorines must be carried out in accordance with specific rules for each case, where the conditions of transport, speed, surveillance and other relevant details, which must be approved, shall be recorded. by the Ministry of Industry and Energy and the Directorate-General of the Civil Guard, and which must always accompany the authorization of the mobile powder keg.

Article 193.

Without prejudice to the provisions of Article 89.4 of Law 27/1992, of 24 November, of Ports and of the Merchant Navy, in the offshore drilling platforms, the Government Delegate in the Autonomous Community, prior to report The General Directorate of the Civil Guard and the maritime authorities may authorise the installation of two chests of up to twenty-five kilograms of explosives and fifty detonators, respectively. The chests will be built with one of their sides, of weak resistance, directed towards the sea.

TITLE VI

Supply and circulation

CHAPTER I

General rules

Article 194.

The sale and supply of regulated materials shall be carried out by natural or legal persons authorised under this Regulation and natural or legal persons who, where appropriate, have due authorisation.

Article 195.

1. Persons authorised for the sale and supply of explosives shall mean those who hold a commercial warehouse or an industrial warehouse with a commercial function or have an express authorization for the distribution of the explosives. same.

2. Persons authorised for the purchase of explosives shall be understood to be consumers, habitual or casual, and those who hold a commercial warehouse or have an express authorisation for the distribution of explosives.

Article 196.

1. The authorizations for the sale and supply of explosives will be granted by the General Directorate of Mines of the Ministry of Industry and Energy, prior to the favorable report of the Central Intervention of Arms and Explosives of the Civil Guard.

2. In any authorization of sale and supply, the amount of the liability policy shall be established which, in each case, must cover the liability corresponding to the product's default marketer, without which it shall be void. authorization.

Article 197.

For the obligation to control the possession of the explosives, these must always be stored, prior to their marketing or use, in a deposit duly authorized in accordance with the provisions of this Regulation. The supply to consumers, who do not have a consumer deposit, must always be made from an industrial or commercial warehouse.

Item 198.

1. Persons authorised for the sale and supply of cardboard and fireworks shall be understood to be persons, natural or legal, having an approved deposit or an approved establishment in the form and with the conditions established in Articles 187 and 188 respectively and those other persons who, lacking the said establishments, obtain an express authorization from the corresponding Government Delegate, prior to the report of the Industry and Energy and the Intervention of Arms and Explosives by the Civil Guard Command corresponding.

2. The sale to individuals of pyrotechnic fireworks is expressly prohibited.

3. The sale of pyrotechnic artifices of Classes I, II and III shall be subject to the provisions of supplementary technical instruction No 19.

Item 199.

Any transaction of the ownership or simple possession of the regulated materials that does not conform to the provisions of the preceding articles shall be considered unlawful, with the responsibility that is legally required corresponds to either the buyer or the transferee or the seller or transferor.

Article 200.

The transferor or acquirer engaged in trade in regulated matters and consumers of explosives shall, for a period of at least three years from the end of the calendar year during which the the operation has taken place, the supporting documents for the operations carried out. Such documents shall be provided for proper verification to the competent authority where required.

Item 201.

1. The constructive characteristics and the rules for the location of the fireworks sales establishments are set out in the supplementary technical instruction number 19.

2. The factories or workshops of regulated products may obtain the authorization to install an establishment of sale of cardboard and pyrotechnics based within the perimeter of their facilities.

Article 202.

The supply of the regulated materials must be covered by the documentation required by this Regulation and by the documentation required according to the means of transport used.

This documentation must accompany the expedition throughout its journey. The consignee shall receive the goods by taking charge of the goods and shall keep it for three years at the disposal of the competent authority.

CHAPTER II

Provisioning

Article 203.

1. Persons authorized for the sale of explosives shall carry a daily book of movement of explosives and an auxiliary book, in which they shall assign a sheet to each class of product, to record in detail the entries and exits of the substances. regulated, class and quantity of the operation, source or destination, number of the circulation guide and identification number of the consignment. These books will be foliated, sealed and filled by the Civil Guard's Arms and Explosives Intervention and will be adjusted as provided for in the supplementary technical instruction number 20.

2. Monthly, a detailed part of the movement has been transmitted to the Area of Industry and Energy and to the Intervention of Arms and Explosives, which will be adjusted to what is indicated in the supplementary technical instruction number 20. The Intervention of Arms and Explosives shall transmit that part to the Central Intervention of Arms and Explosives of the Civil Guard, making, where appropriate, any observations it deems appropriate.

Article 204.

1. The persons authorised for the sale of cartcheria shall carry books adjusted as provided for in the supplementary technical instruction number 20. These books will be foliated, sealed and filled by the Arms and Explosives Intervention.

2. In all cases, a monthly part of the movement will be referred to the corresponding Arms and Explosives Intervention.

Article 205.

1. The factories and workshops will carry a book to record in detail the inputs and outputs of the regulated subjects. This book will be filled, sealed and completed by the Civil Guard's Arms and Explosives Intervention and will be in accordance with the provisions of the supplementary technical instruction number 20.

2. Monthly the factories and workshops will refer to the Intervention of Arms and Explosives corresponding a summary part of the movement. In the case of factories, a copy of this part will also be sent to the Ministry of Defence.

Article 206.

With the authorization of the Directorate General of the Civil Guard, the books and the various documentary obligations laid down in this Regulation by computer procedures or by any other means may be completed. another suitable for achieving the intended purposes.

Article 207.

Explosives consumers will be classified into:

(a) Usual consumers who are those who require, for the normal exercise of the activity they develop, the consumption of explosives. These consumers may be at national level, where the activity they develop is normally extended by any place in the national geography; or at a provincial level where such activity is limited to a province determined.

b) Possible consumers who are those who occasionally need the use of these materials as a sporadic complement to their activity.

Article 208.

1. The authorization for the usual use of explosives with national scope will be granted by the General Directorate of Mines of the Ministry of Industry and Energy, prior to the favorable report of the Central Intervention of Arms and Explosives of the Guard Civil. This authorization shall be valid for a period of five years, unless otherwise indicated, revocation or resignation or cessation of the activity within one year, and shall be collected in an Official Register constituted for that purpose. Ministry.

2. The authorization for the usual use of explosives with provincial scope will be granted by the Government Delegate in the Autonomous Community, prior to the report of the Area of Industry and Energy and the Intervention of Arms and Explosives of the Command of the Civil Guard. This authorisation shall be valid for a period of five years, unless otherwise indicated, revocation, resignation or cessation of the activity for a period of one year.

3. Authorization for the possible use of explosives shall be granted by the Government Delegate in the Autonomous Community where they are to be used, prior to the report of the Area of Industry and Energy and the Intervention of Arms and Explosives of the Command of the corresponding Civil Guard. This authorisation shall be valid only for the use of the quantities to be established within the time limits and places to be determined.

4. The usual applications and authorisations referred to in the preceding paragraphs shall be subject to the provisions of the supplementary technical instruction number 21.

Article 209.

1. Where a regular consumer of explosives is to initiate the use of explosives, he must apply for the Industry and Energy Area and, where appropriate, his provincial body, on presentation of his authorization to use the explosives. explosives, a book book of supply orders; which must be supplied to you, followed by quadrupling, as set out in the supplementary technical instruction number 21.

2. Prior to the initiation of the consumption, whatever the number of times the explosive is to be removed from the supplier, the consumer will complete, with the details of the intended consumption, four copies of the order supply, retaining the original and referring the copies to the organs referred to in the previous paragraph. If the application is found, the supply shall be authorised, with the three copies submitted, retaining one copy and returning the remaining two copies to the consumer.

Article 210.

Any consumers, after obtaining the authorization referred to in Article 208, must make the request for supply in the official printed model, by quadrupling, which is established in the Supplementary technical number 21, order to be authorised by the relevant provincial body of the Industry and Energy Area, in accordance with the procedure laid down in the previous Article.

Article 211.

1. The authorised supply order, as referred to in the previous Articles, shall be a prerequisite for the supply of the goods and reference shall be made to the goods in the road guide which protects the movement of the goods.

2. The consumer of explosives forming a purchase of explosives shall, for that purpose, send the supplier a copy of the authorised supply order referred to in Articles 209 and 210, without the presentation of which may not be made. supply.

Article 212.

1. The holders of licences for long-standing arms may acquire only up to 1000 cartridges per year, presenting the membership guide, in which the armory stamps, for each acquisition, the following annotation: " Sold X 'cartridges', including the date of delivery and the corresponding official stamp.

In no case can a number exceed 200 cartridges.

2. Only 100 cartridges per year may be purchased per short weapon, presenting the membership guide, in which the armory will carry out the annotation referred to in the previous paragraph. The number of cartridges that can be held in a short-weapon depot shall not exceed 150.

3. By way of derogation from the preceding paragraph:

The personnel of the security companies and the particular field guards, as well as the remaining personnel of the Bodies or Organisms that are considered auxiliary for the maintenance of public security and the pursuit of crime, may acquire the necessary cartridges to replace those used in the exercise of its specific tasks, even if they exceed 100 per year, on grounds of consumption in the light of the Central Intervention of Arms and Explosives from the Civil Guard.

The bodies on which the staff concerned depend may acquire the necessary cartridges for the performance of the statutory shooting exercises, up to the number determined by the Civil Guard, in accordance with the provisions of the Staff Regulations. on the matter the Ministry of the Interior.

The individual who wishes to acquire cartridges in number higher than the established one, must be provided with a special permit issued by the Directorate General of the Civil Guard, requested through the Intervention of Weapons.

The staff in possession of license F may purchase an unlimited number of cartridges for consumption provided that they do so in the Federations ' own facilities and without being able to remove them from the premises. The Federations shall take appropriate control measures to prevent such cartridges from going outside.

If the staff in possession of F licenses, outside of the previous assumption, wish to acquire more than the number of cartridges previously established, they must be provided with a special permit issued by the Directorate General of the Civil Guard and requested for the Central Intervention of Arms and Explosives.

4. An unlimited number of non-metallic hunting cartridges may be purchased. In no case can a number greater than 5000 units of this cartridge class be stored.

Article 213.

By the Ministries of the Interior and Industry and Energy, within the scope of their respective competences, the supply and use of pyrotechnic devices will be regulated.

TITLE VII

Import, export, transit, and transfer

CHAPTER I

General Rules

Article 214.

1. The import, export, transit and transfer of regulated materials shall comply with the provisions of this Title and the international conventions signed by Spain, with observance, in any case, of the provisions of the regulations customs. However, it will be applicable to the provisions of Royal Decree 824/1993 of 28 May 1993 on the Foreign Trade in Defence and Double Use Regulations and Council Regulation (EC) No 3381/94 of 19 December 1993 on the as well as in Council Decision 94 /942/CFSP of 19 December and subsequent amendments.

2. In addition to the specific provisions of this Title, the general arrangements for the supply of explosives shall apply to the introduction of regulated materials in Spanish territory, in accordance with the provisions of Titles I, IV, V, VI and VIII of this Regulation. In particular, the competent authorities shall ensure compliance with the rules on transport, packaging and packaging contained in this Regulation. The necessary authorisations and the prescriptive marks in packaging and packaging and safety instructions must be in Spanish language.

Article 215.

1. Prior to the customs clearance, as long as their situation is regularised, or after their introduction in Spain, the regulated materials shall be deposited in deposits which are regulated in accordance with Title V, previously provided for by the supplier or receiver and communicated in advance to the Central Intervention of Arms and Explosives of the Civil Guard.

2. If, for all circumstances, the time limits for customs clearance are not met for import, export or transit, and after the final abandonment of the regulated matters in the case of the case has been declared, the goods in question will be delivered to the Ministry of Defense. If this Department transfers such goods to the private sector, the formalities and requirements laid down in the Customs Ordinance on the disposal of abandoned goods must be complied with.

CHAPTER II

Import

Article 216.

1. The natural or legal persons intending to carry out the activity of importation of the regulated materials must request, with prior character, the General Directorate of Mines of the Ministry of Industry and Energy their registration in the Official Register of Explosives Importers, Cartucheria and Pyrotechnic Artifacts.

2. Such registration shall be conditional upon the justification of the technical training for the activity to be carried out, the availability of a distribution network for the imported products and the opening of a liability policy. civil to cover which in each case may correspond to the importer for any type of risk of the imported products.

Article 217.

1. Subject to the general regime which, at any time, regulates the activity, the importation of explosives, fireworks and ammunition not covered by the Arms Regulation, from foreign countries which are not members of the European Union, need to have the prior permission of the Ministry of the Interior, through the Central Intervention of Arms and Explosives of the Civil Guard, based on a favorable report of the Permanent Inter-Ministerial Commission of Arms and Explosives. The materials and articles covered by the Foreign Trade Regulation of Defence Material and Double Use, as set out in Article 214.1 of this Regulation, are exempted from this permit.

2. The administrative leave provided for in the preceding paragraph shall be submitted to the Customs Services together with the material to which it relates and shall accompany it during its transport through Spanish territory to its destination.

3. The import application shall contain at least the particulars listed in Articles 229, 231 or 237.

4. The importer may not make the goods another use than that for which he has been expressly authorised, in accordance with this Regulation.

Article 218.

Imports of regulated materials that the Ministries of Defense and Interior carry out for their use are exempt from compliance with the provisions of the previous article, although they must be notified in advance. the Ministry of Economy and Finance and the Central Intervention of Arms and Explosives of the Civil Guard.

Article 219.

1. Packaging, packaging and in general the packaging of the materials to be imported must comply with the requirements of this Regulation. To this end, it will be the importer's obligation to inform the resident exporter outside Spain of the conditions required by Spanish legislation.

2. The liability to which, for any reason, the infringement of the applicable rules may result, shall be payable to the importer without prejudice to the actions which the importer may take against the exporter.

Article 220.

1. Having obtained the permit referred to in Article 217, the consignor shall extend the consignment note and the importer shall complete the movement guide for the materials covered by that letter, in accordance with Chapter II, Title VIII of the present Regulation and attach the permit granted; the Intervention of Arms and Explosives of the corresponding Customs will authorize the said guide of circulation, giving knowledge of the import made to the Central Intervention of Arms and Explosives from the Civil Guard.

2. The Customs Administration, before authorising the entry of the regulated materials, shall verify compliance with the provisions of the foregoing Articles, for which the intervention of the provincial departments of the Member States may be sought. Competent ministries to carry out inspections as appropriate.

CHAPTER III

Export

Article 221.

1. Subject to the general regime governing the activity, the export of explosives and cardboard not regulated by the Arms Regulations to foreign countries that are not members of the European Union, it will need to be authorized by the Ministry of Economy and Finance in accordance with the provisions of Royal Decree 824/1993, of 28 May, for which the Regulation of Defense Material and Double Use Material is approved.

2. If the authorization is granted, the Ministry of Economic Affairs and Finance shall issue the administrative authorization for export, from which the original shall be sent to the person concerned, and copy to the customs office of departure and the Central Intervention of Arms and Explosives. of the Civil Guard.

3. Exports carried out by the Ministry of Defence in the exercise of its powers shall be exempt from compliance with the rules laid down in the preceding paragraphs, subject to the special rules applicable in each case.

Article 222.

Obtained the authorization referred to in the previous article, the exporter shall extend the consignment note and complete the Circulation Guide for the materials covered by that letter, together with a copy of the administrative authorization of export granted, in accordance with Chapter II, Title VIII of this Regulation, with the Intervention of Arms corresponding to the place of departure which shall be authorised by the Circulation Guide, giving knowledge of the export made to the Central Intervention of Arms and Explosives of the Civil Guard.

CHAPTER IV

Transit

Article 223.

1. Transit through national territory as well as by waters and airspace in which Spain exercises sovereignty, sovereign right or jurisdiction of regulated matters from non-member countries of the European Union will need to be the subject of prior authorization and shall be subject to the condition specified therein.

2. No authorisation shall be granted if the applicant does not reside, has no open branch or has no designated representative in Spanish territory responsible for transit.

Article 224.

1. The authorisation shall be requested from the Ministry of Foreign Affairs, stating in the application:

a) Sender, consignee and responsible person in Spain of the expedition.

Places of origin and destination.

(b) Classes of regulated subjects covered by the issue, indicating the national and international designation of each product and its centesimal composition.

c) Total, gross and net weight, of each class of products and number of packages or packages in which they are shipped.

d) Characteristics of packaging and packaging.

(e) Customs of entry and exit of Spain and planned itinerary, with indication of the technical stops which, if any, are deemed necessary and the emergency storage provided, if any.

f) Means of transport and characteristics thereof, identified by their registration number or their container number.

2. This application shall be accompanied by a copy of the documentation to be issued by the country of origin.

Article 225.

1. The Ministry of Foreign Affairs will give an account of the request to the Ministries of Industry and Energy, of Defense, Economy and Finance, and of Fomento, as well as the Central Intervention of Arms and Explosives of the Civil Guard, in advance. sufficient, which may not be less than twenty-four hours from the date envisaged for the purpose of transit, in order to enable them to make the comments or to provide the services they deem necessary.

2. Where appropriate, the Ministry of Foreign Affairs shall grant the appropriate authorization, which shall determine the condition for which the issue is to be submitted in transit, and shall transfer all the organs indicated.

Article 226.

In the event that the transit is carried out by land and there is provision for any detention or permanence in Spanish territory, the regulated materials must be conditioned to allow them to be easily sealed by the Customs Office. corresponding.

Article 227.

1. The Directorate General of the Civil Guard shall verify that appropriate measures are taken for the proper security of transit, according to the means of transport to be used and the importance of the goods.

2. If, due to the failure of the means of transport or any other unforeseen cause, the transit cannot be effected in accordance with the terms of the authorization granted, the person responsible for the transit shall immediately put the facts in question. knowledge of the Civil Guard, which shall communicate them to the Government Delegate in the Autonomous Community, for the purpose of adopting the measures it deems appropriate.

3. Where the conduct of the transit causes expenses, including those of the escort staff and the custody of the expedition, the payment of the corresponding fee, in the amount and form that is legally determined, shall be the responsibility of the person requesting the transit. authorization.

CHAPTER V

Transfers

Article 228.

1. For the purposes of this Chapter, 'transfer' means any physical movement of explosives within the territory of the European Union, with the exception of displacements in the same place.

2. Only regulated matters may be transferred between Spain and any other Member State of the European Union and circulated by Spain from the Union itself in accordance with the provisions of national law and this Chapter.

3. The provisions of this Chapter shall apply to materials and articles considered as explosives by the 'United Nations Recommendations on the Transport of Dangerous Goods' and listed in Class 1 of this Chapter. recommendations.

4. The provisions of this Chapter shall not apply:

(a) To explosives, including ammunition, intended for use by the Armed Forces or the State Security Forces and Corps, in accordance with current legislation.

(b) To pyrotechnic products, as regards Articles 229 to 235.

c) To weapons of war considered as such by the Arms Regulations.

5. The checks to be carried out, in the case of transfers covered by this Chapter, may not be carried out in respect of border controls but within the framework of the ordinary controls applied in the national territory.

6. Apart from the checks which may be necessary in accordance with the laws in force, the addressees and suppliers of the transfer objects shall communicate to the competent authorities any information at their disposal and that They require them because it can be useful for the purpose of ensuring the security of transfers.

Item 229.

1. In order to transfer explosives to Spain from any Member State of the European Union, the consignee must obtain prior authorisation for the transfer of the Central Intervention of Arms and Explosives from the Civil Guard and explosives must comply with the provisions of Article 25 of this Regulation. The transfer of explosives from the Spanish territory to that of the other countries of the European Union shall not be required by the Spanish Administration.

2. For the purposes of obtaining the transfer authorisation, the addressee shall, in the relevant application, inform the Central Arms Intervention and Explosives of the following data:

(a) The name and address of the supplier and of the consignee, data which must be sufficiently precise to enable them to be contacted, at all times, with the data subjects and to ensure that they are both officially enabled to act as such, in accordance with the provisions of Chapter II of Title VI.

(b) The types and classes and the quantities of explosives to be transferred and the cataloguing numbers thereof.

(c) A complete and accurate description of the explosives as well as the means of identification of the explosives for the purposes of monitoring their possession in accordance with Article 9, including the identification number of the United Nations.

(d) The means of transport and the itinerary to be followed in Spain, including the origin and the deposit of destination of the dispatch and deposits of emergency explosives for the use, where appropriate, of the consignee or the supplier.

(e) The security and surveillance measures to be taken in the transport during their circulation through national territory.

f) The expected arrival and origin departure dates.

g) The places of entry and exit from the territories of the Member States of the Community, of origin and destination, and of transit where appropriate.

3. In the case of the personal conditions and the security requirements, the Central Intervention of Arms and Explosives of the Civil Guard will verify that the recipient is legally authorized to acquire explosives by have the necessary licences or authorisations, as well as the conditions under which the transfer will take place and in particular whether the transport vehicles and their envelopes comply with the provisions of the legislation in force for the purposes of ensure citizen security.

4. In the case of the personal conditions and the fulfilment of the security requirements, the Ministry of the Interior, through the Central Intervention of Arms and Explosives of the Civil Guard, based on a report of the Inter-Ministerial Commission Permanent Arms and Explosives shall, where appropriate, authorise the transfer, by issuing to the consignee an authorization document containing all the information referred to in paragraph 2 and the other security measures or conditions which are consider necessary.

5. The transfer authorisation shall accompany the explosives, at least from their entry into Spain to the intended destination of the explosives. It shall be submitted whenever the competent authorities so require. In any event, the holder shall keep a copy of that document and submit it to the arrival of the goods for the Intervention of Arms and Explosives of the place of destination.

Article 230.

1. No transfer of explosives from Spain to another Member State of the European Union may be carried out without the addressee having obtained the necessary authorisations in the country of destination, of which the recipient or the recipient The supplier shall submit an authorized copy to the Central Intervention of Arms and Explosives of the Civil Guard.

2. Such Central Intervention shall not make any provision for the transfer if it considers the security of citizens to be guaranteed, taking into account the characteristics and the allocation of the means of transport to be used and shall inform the Intervention of Arms and Explosives corresponding to the place of initiation of the expedition.

3. On the basis of these authorisations, in place of the authorised supply order, the supplier shall extend the Circulation Guide provided for in Article 245, which is authorised by the Arms and Explosives Intervention for the deposit. supplier, must accompany the explosives throughout its journey until its departure from the national territory.

Article 231.

1. When a transfer of the card from Spain to another Member State of the European Union is planned, the person concerned shall communicate to the Central Intervention of Arms and Explosives of the Civil Guard:

(a) The name and address of the seller and the buyer and, where applicable, the owner.

b) The address of the place to which the card will be sent or transported.

c) The number of cartridges that integrate the shipment or transport.

d) The transfer media.

e) The expected departure and arrival dates.

It will not be necessary to communicate the information referred to in the last two rows in the case of transfer between armers, including manufacturers.

2. If the Central Intervention of Arms and Explosives authorises the transfer, it shall issue a permit stating all the data referred to in paragraph 1. This permit must accompany the card to its destination and must be submitted at the request of the competent authorities. Its content must be counted to the country of destination and, where appropriate, to the transit countries.

Article 232.

1. In the case of a transfer of goods from a Member State of the European Union to Spain, the supplier or the consignee, before the goods are dispatched, shall submit the transfer permit issued by the authorities of the Member State concerned. State of origin to the Central Intervention of Arms and Explosives of the Civil Guard, which will not object to the transfer, if it has received the information prevented from these authorities and does not warn the existence of any problem citizen security.

2. Such permission shall accompany the card during its circulation through the national territory and, in any event, the transfer shall be notified, the operation shall be notified to the Intervention of Arms and Explosives corresponding to the place of destination.

Article 233.

The right to transfer of cardboard to armers established in another Member State of the European Union may be granted to dealers without the need for the authorisation referred to in Article 235. To this end, the Central Intervention of Arms and Explosives of the Civil Guard shall issue a valid authorization for a maximum period of three years which may be suspended or cancelled at any time by means of a reasoned decision. A copy of this communication, which is endorsed by the Central Intervention of Arms and Explosives, which shall be submitted at the request of the competent authorities, shall accompany the transfer of the card to its destination. Before making the transfer, the armers shall communicate to the Central Arms and Explosives Intervention of the Civil Guard all the data referred to in paragraph 1 of Article 229.

Article 234.

1. The transit through Spanish territory, of explosives, which are the subject of a transfer operation between other Member States of the European Union, shall be communicated by the person responsible for the transfer to the Central Intervention of Arms and Explosives of the Civil Guard, with forty-eight hours in advance of the entry into Spanish territory, attaching a copy of the licenses or authorizations necessary to carry out the transfer, and providing the data listed in Article 224, as well as specifying the name and address of the traffic controller.

2. Prior report of the Directorate General of Mines of the Ministry of Industry and Energy, the Central Intervention of Arms and Explosives of the Civil Guard, after examination of the documentation presented and the information provided, and, in particular, of the the conditions under which the transit shall take place, in particular those of the vehicle to be used for transport, shall approve the performance of the vehicle, if the safety of the public is ensured, by communicating it to the person responsible for the transfer.

Article 235.

1. Notwithstanding the provisions of the foregoing Articles, in the case of serious threats or attacks on national security, due to the illegal possession or use of explosives, the competent governmental authorities may adopt any A necessary measure for the transfer of explosives, in order to prevent such illegal tenure or employment, in accordance with the current law on citizen security.

2. Of the security measures to be taken, in the case of serious threats or attacks on national security due to the illegal possession or use of explosives, the Ministry of the Interior shall immediately give the Commission of the Communities.

Article 236.

When a transfer of fireworks from Spain to another Member State of the European Union is planned, the person concerned shall communicate the operation to the Central Intervention of Arms and Explosives of the Civil Guard, for information and for appropriate purposes, specifying:

a) Name and address of the seller and buyer.

b) Address of the place to which the merchandise will be shipped.

c) Detail of the pyrotechnic devices that integrate the shipment.

d) Transfer medium.

e) Expected departure and arrival dates.

Item 237.

1. In the case of a transfer of fireworks to Spain from any other Member State of the European Union, the addressee shall inform the Civil Guard and Explosives of Arms and Explosives of the data. following:

(a) The name and address of the supplier and of the consignee, data which must be sufficiently precise to enable them to be contacted, at all times, with the data subjects and to ensure that they are both officially enabled to act as such.

(b) The types, classes and quantities of pyrotechnic devices intended to be transferred and the cataloguing numbers thereof.

c) The means of transport and the itinerary to be followed in Spain, including the origin and the place of destination.

d) The expected source and arrival departure dates.

2. The Central Intervention of Arms and Explosives will verify that the recipient is legally authorized to acquire pyrotechnic devices, for having the necessary licenses and authorizations, and, after report of the Inter-Ministerial Commission Permanent Arms and Explosives, shall, if appropriate, authorise the transfer by issuing the relevant authorisation document to the data subject.

3. Such transfer authorisation shall accompany the pyrotechnic devices from their entry into Spain to the intended destination point, and should be submitted whenever the competent authorities so require.

TITLE VIII

Transport

CHAPTER I

General rules

Article 238.

The transport of explosives, cardboard and fireworks shall be governed by the rules in force for the relevant means of transport and, failing that, by the requirements laid down in the Title.

Article 239.

1. For the purposes of this Title, the transport itself and the accompanying cargo, unloading and handling operations, as well as the means used in those operations, shall be included in the field of transport. The internal transport of explosives in the places of use shall be excluded for all purposes and shall be governed by the General Rules of Basic Safety Standards Regulation.

2. The assembly of detonators with any other explosive, in the same vehicle, wagon, bodega or container, shall be prohibited, without prejudice to the additional technical instruction number 22.

However, Government Delegates may authorise such joint transport for journeys not exceeding 200 kilometres, provided that the detonators and explosives are placed in different chests, previously approved by the Ministry of Industry and Energy; that the number of detonators does not exceed 500 units; and that the quantity of the other explosives does not exceed 100 kilograms.

3. They may be transported together with passengers, except for collective passenger transport, up to 100 metal cartridges and 300 hunting or similar cartridges for each user. For participation in sports competitions, the transport of a larger quantity of cartridges may be permitted, subject to authorization of the Central Intervention of Arms and Explosives of the Civil Guard. They may also be transported under these pyrotechnic conditions of Classes I and II to a total of 15 kilograms of gross weight.

Item 240.

At all times, the regulated materials will be subject to the inspection of the authority and, in the case of explosives and metallic cardboard, under the protection of regulated vigilantes, according to the provided in supplementary technical instruction number 1.

Article 241.

1. During the operations included in the transport of regulated materials, smoking, carrying matches or any other flame-producing device, substances which may be inflamed, firearms and ammunition shall be prohibited except for: regulatory arms for those responsible for transport.

2. It shall be prohibited to carry out additional loading, unloading and handling operations at night.

Specific and specific exceptions may be granted to the above prohibition, provided that sufficient lighting and authorization are available for each specific operation, issued by the authority indicated above, on the Following cases:

(a) Cargo and unloading of ships and aircraft, with the approval of the port or airport authority. Loading and unloading of trains, with the approval of the corresponding head of dependency.

b) Loading and unloading of trucks in the polvorines of a warehouse, with prior authorization from the Government Delegate.

c) Operations to be performed for immediate security reasons.

3. Except for the earlier ban, the card is exempt.

4. The loading, unloading and handling operations necessary for the use of pyrotechnic products, within the population in which such use takes place, are also exempted from the prohibition contained in paragraph 2. adequate means of lighting.

Article 242.

1. When the loading or unloading of the regulated materials is carried out by means of cranes, shovels or other auxiliary elements, a periodic review of the same shall be carried out to check whether they are in perfect working conditions. The maximum load to which the above elements may be subjected shall be 75 per 100 of which they are normally authorised. They may only use electric forklifts, battery-operated or accumulator, when the electrical equipment is protected by a watertight deck, except for ventilation of the battery gases, and when the wheels wear rims rubber.

2. In no case shall the use of auxiliary equipment or instruments be permitted in the case of packages requiring manual transport. In this case it shall be carried out by trained personnel, who shall not carry a weight of more than 25 kilograms per person.

Article 243.

1. Any transhipment of explosive from one means of transport to another shall require the prior presence of the second medium, with a sufficient load capacity to receive the consignment, at the place intended to carry out the transhipment.

2. If, for any reason, the recipient is unable to take charge of the goods, he or she must be aware of the Civil Guard's Arms and Explosives Intervention, which, in any case, will resolve the custody and (a) to be taken into account in the event of a request to the addressee, to the extent to which it may be referred to it, or to the forwarding of the same to the point of origin, which shall be carried out upon notice and at the expense of the sender. The provisions of this paragraph shall apply in the alternative in the special areas reserved for the reception of transport of explosives.

3. The transshipment of the explosives shall be carried out in the shortest time possible and in accordance with the instructions that the Ministry of Public Works and the Central Intervention of Weapons and Explosives establish to the effect.

Article 244.

1. The transport of regulated materials shall be covered by the documentation required by the regulations applicable to the means of transport used and, where appropriate, required by this Regulation in order to permit its movement.

2. This documentation must accompany the expedition throughout its journey. The consignee shall receive the goods by taking charge of the goods and shall keep it for three years at the disposal of the competent authority.

CHAPTER II

Circulation Guide

Article 245.

1. The transport of regulated substances between two points in the national territory shall, in addition to the requirements of the transport regulations, require the following documentation:

(a) A supply order authorised in accordance with Article 209, in the case of explosives.

b) Guide to Circulation, authorized by the Intervention of Arms and Explosives of the Civil Guard from the point of origin of the expedition, in the case of explosives and metal cardboard.

c) Cover letter or equivalent document.

2. As many Circulation Guides will be extended as different orders will comprise an expedition.

3. In the case of Circulation Guides which provide for the transport of explosives between or between factories and commercial warehouses, the supply order referred to in paragraph 1 (a) of this Article shall not be required.

4. No Circulation Guide shall be required for the carriage of cardboard, gunpowder or pistons when it is carried out by holders of arms licences, within the limits set out in Articles 186 and 212.

Article 246.

The Circulation Guide is the document that protects the displacement of explosives and metallic cardboard between two points of the national territory and at all times must accompany its transport. Their concession may be subject to compliance with the public safety measures in accordance with the rules laid down for this purpose in supplementary technical instruction No 1. The aforementioned Explosives Circulation and Metal Carthery Guides shall conform to the provisions of the supplementary technical instruction number 20.

Article 247.

1. The consumer of explosives forming an order for purchase shall send to his supplier one of the copies referred to in Article 209.

2. The supplier, in accordance with Article 245, shall complete the five forms of the Circulation Guide, retaining the matrix and presenting the four copies, for authorization, to the Intervention of Arms and Explosives corresponding to the demarcation where the tank is located, together with the intended copy of the supply authorisation referred to in the previous paragraph.

3. If the Arms and Explosives Intervention authorize the issue, the expedition shall transmit the first copy of the Circulation Guide to the Arms and Explosives Intervention of the point of destination; it shall return the second and third to the supplier, and the fourth the file for proper evidence.

Article 248.

1. The second and third copies of the Circulation Guide, if any, will be delivered to the carrier or to the person responsible for the expedition, and must accompany it throughout its journey.

2. The consignee, upon receipt of the issue, shall check in advance if the issue is in accordance with the terms of the Circulation Guide, making any reservations which it deems appropriate in the body of the movement in the presence of the carrier or the person responsible for the movement. issuing and giving immediate account of such repairs, if any, to the Intervention of Arms and Explosives.

3. In any event, the consignee shall communicate to the Arms and Explosives Intervention the receipt of the issue within forty-eight hours of the date of the dispatch, presenting the Circulation Guide received from the carrier or responsible for the expedition. Such Arms and Explosives Intervention shall communicate to that of the point of origin the term of the issue and, where appropriate, the incidents in question.

The consignee shall also transmit the third copy to the supplier, for the proper constancy of the correct receipt of the goods or of the relevant repair, if any.

CHAPTER III

Road transport

Article 249.

1. The carriage by road of the regulated materials shall, in general, comply with the provisions of the National Regulations on the Carriage of Dangerous Goods by Road (TPC) and the European Agreement for International Transport Dangerous Goods Road (ADR), where applicable.

2. It shall also be of general application as provided for in the Private Security Regulation and in accordance with the provisions of this Chapter and in the accompanying technical instructions to develop it.

Item 250.

Competition in matters governed by this Chapter shall be the responsibility of the following Departments:

(a) to the Ministry of the Interior, with regard to the rules on the movement, driving and monitoring of vehicles and, in particular, on the regulation of places of loading and unloading, and of parking, itineraries and timetables for road transport to be adjusted, in urban areas and population centres, and transport surveillance arrangements.

(b) to the Ministry of Public Works, without prejudice to the powers conferred on the Autonomous Communities by virtue of the provisions of the Organic Law 5/1987 of 30 June on the Delegation of State Powers to the Communities Autonomous, in relation to road and cable transport, in respect of transport documentation (Carta de Porte), flags, labels and signage of vehicles as well as the control and monitoring of their compliance in coordination with the Ministry of the Interior, to the authorizations to engage in transport, with the fixing of routes if necessary, coordinating them in advance with the competent authorities in the field of traffic, limiting the quantities carried per unit of transport in relation to the characteristics and state of the the same, conditioning and stowage of the load, with regard to the use of the infrastructures in charge of the Department where the transport and the admission, storage and handling in the area of services of the ports and the airports.

(c) to the Ministry of Industry and Energy, in respect of the technical characteristics of the vehicles and vessels used in the transport and the periodic tests or inspections to which they are to be submitted.

Article 251.

The surveillance and protection of vehicles shall be subject to the provisions of the Private Security Regulation and provisions supplementing it, as well as to the provisions of supplementary technical instruction number 1.

Article 252.

1. It will be avoided as far as possible to make stops not foreseen in the circulation guide, as well as to traverse populations and to pass through areas of high traffic density.

2. In the transport of explosives, the stopping places will be chosen in areas located at least five hundred metres from population centres. Service needs stops shall not be made in the vicinity of inhabited places. Before leaving the cabin the crew shall ensure that the engine is stationary, the change of gears in a safe position and the safety brakes operated.

3. In the event of a failure, accident or any other cause which rationally makes a prolonged parking of the vehicle presumed, the precautionary measures which are deemed necessary in the light of the circumstances of the place and the circumstances of the vehicle shall be taken. to the nature of the substances transported, giving immediate account to the post of the nearest Civil Guard.

Article 253.

Regardless of what is established in the preceding and following articles, the regulation on the movement and traffic of vehicles carrying explosives by road shall be subject to, as far as places of parking, loading and unloading, itineraries, schedules, and distribution distance regimes, to the standards which the Ministry of the Interior will dictate to the effect.

Article 254.

When the route of the transport of explosives, including those relating to import, export, transfer and transit operations, is carried out by means of a type III transport unit (TPC or ADR), on board of that transport unit, an emergency plan, approved by the Central Intervention of Arms and Explosives of the Civil Guard, must exist at the disposal of the competent authorities, in which, together with the safety instructions for actions in cases of emergency, shall be:

a) A telephone number of contact with the person responsible for the transportation to emergency cases.

b) A ratio of explosive deposits, to their exact location, usable for accidental storage.

Article 255.

1. Driving and auxiliary staff shall be prohibited from opening packages containing regulated substances unless they are required by the competent authority.

2. Except in cases where the use of the engine for the operation of pumps and other mechanisms allowing or facilitating the loading or unloading of the vehicle is authorised, the engine shall be stationary when performing these operations.

CHAPTER IV

Transport by rail

Article 256.

1. The transport by rail of regulated materials shall, in general, be subject to the provisions of the National Regulations on the Carriage of Dangerous Goods by Rail (TPF) and the International Transport Regulations of Dangerous Goods by Rail (RID), if any.

2. It shall also be of general application as provided for in the Law and the Private Security Regulations and the provisions of this chapter and the supplementary technical instruction number 24.

Article 257.

The competence of the subjects covered by this Chapter shall correspond to the following Departments:

(a) To the Ministry of the Interior, as regards the surveillance regime in the transport and loading and unloading and parking.

b) To the Ministry of Public Works in those aspects that are not expressly attributed to other Departments.

(c) to the Ministry of Industry and Energy in respect of the technical characteristics of the wagons and containers used in the transport and the classification and compatibility of the materials transported.

Article 258.

The heads of railway dependencies will be responsible for these substances as long as they remain at the station under their jurisdiction.

Article 259.

Transport surveillance shall comply with the provisions of the Private Security Regulations and provisions supplementing it, as well as the provisions of supplementary technical instruction number 1.

Article 260.

In case the convoy has to suffer a stop during the trip, or at a border or terminal station, it will be placed outside the maneuvers areas, in the custody of personnel in charge of the surveillance. In addition, the Civil Guard Arms and Explosives Intervention shall be immediately taken into account for the purpose of adopting the accompanying measures it deems appropriate.

Article 261.

The load schedule shall be set by the corresponding Head of Dependency, and the shipper must be adjusted accordingly. If the full load cannot be carried out during the same period, the Head of Unit shall notify the consignor to take the necessary measures to ensure the surveillance of the goods.

Article 262.

The loading and unloading operations must be carried out in the most remote area possible of the premises to which the public has access, as well as of the offices, workshops, garage or hangars of goods. The place shall be chosen in such a way as to avoid as much as possible the need to traverse the tracks with the packages or packages.

Article 263.

1. Vehicles carrying regulated substances shall, wherever possible, approximate to a point from which the direct transhipment to the wagon may be carried out. Similar system shall be followed in respect of vehicles which have to remove the goods.

2. During the loading and unloading of explosives, the laden vehicles which are on standby shall remain at a reasonable distance from the wagon in which these operations are carried out, not less than one hundred metres.

CHAPTER V

Shipping

Article 264.

1. The maritime transport of the regulated materials shall, in general, comply with the International Convention for the Safety of Life at Sea (SOLAS) in the International Maritime Code for Dangerous Goods. (IMDG), in the Regulation of Admittance, Handling and Storage of Dangerous Goods in Ports, approved by Royal Decree 145/1989 of 20 January, and in Royal Decree 1253/1997 of 24 July on minimum conditions for the ships carrying dangerous or polluting goods, with origin or destination in sea ports national.

2. In addition, the provisions of the Private Security Law and Regulations and the provisions of this chapter and the supplementary technical instruction number 25 will be generally applicable.

Article 265.

The competence of the subjects covered by this Chapter shall correspond to the following Departments:

(a) To the Ministry of the Interior, as regards the surveillance regime in port loading and unloading operations.

b) To the Ministry of Public Works in those aspects that are expressly attributed to it, and specifically in the regulation of admission, handling and storage in the service area of the ports.

(c) to the Ministry of Industry and Energy in respect of authorised packaging and packaging and the classification and compatibility of regulated materials.

Article 266.

1. The competent authorities shall monitor the maritime transport of regulated materials within the area of their jurisdiction. It shall be for those authorities to grant the authorisations required to carry out such activity.

2. The surveillance of the transport shall be subject to the provisions of the Private Security Regulation and provisions supplementing it, as well as to the provisions of supplementary technical instruction No 1.

Item 267.

1. The competent authority shall exercise supervision over the custody of those matters and the activities with which they relate, as long as they are located in the port area.

2. The master or master shall be held responsible for them from the moment they have been taken on board, without prejudice to the authority of the competent authority to carry out the inspections and to take any precautions it deems appropriate.

Article 268.

1. Any vessel that carries regulated materials shall observe within the waters and airspace in which Spain exercises sovereignty, sovereign rights or jurisdiction the requirements set out in this chapter.

2. The competent authorities may inspect the vessels in the designated area and verify compliance with the regulatory requirements.

Article 269.

No watercraft may be covered by any other loaded with regulated materials without prior written authorization from the maritime captain and the conformity of both captains.

Article 270.

1. During their stay in port, these vessels must remain in the place that would have been assigned to them. They may only make movement when they have obtained the appropriate permission from the port authority.

2. The ship must have on board the personnel that constitute the port guards on deck and machine, in addition to the one that may be necessary to perform any emergency maneuver, and even to maneuver at any time. The guards in port will always be organized in accordance with the International Convention on Standards of Training, Titulation and Guard for the People of the Sea and the resolutions of the IMO on the matter.

3. The vessel must also be maintained during its stay in port with regulated materials, with the propulsion machines ready to leave the vessel at any time. Therefore, they shall not be able to carry out any repair which may prevent or delay the departure, unless the maritime captain's express authorisation, after consultation of the dock or terminal operator, is the case of the vessel being docked in specialised terminals.

4. Vehicles that bring or carry a regulated material to/or from the port area shall comply with the requirements of the Circulation Guide which is required by this Regulation and shall display the appropriate plates and labels.

Article 271.

1. The Port Authority shall give priority to the activities and manoeuvres to be carried out by those vessels in order to ensure that their stay in port is as small as possible.

2. In case of force majeure or other exceptional circumstances preventing the immediate departure of the vessel, the Directorate General of the Civil Guard will dictate the corresponding orders to reinforce the conditions of citizen security and maintain a special surveillance, both on board and in the vicinity of the vessel.

Article 272.

At the entrance in the harbour enclosure, the manager of the transport will present the guide of circulation and the authorization of the shipment of the goods before the corresponding harbour authority. It shall communicate the arrival of such goods to the port to the competent authority, which, after appropriate checks, shall confirm the authorisation, establishing, where appropriate, any additional requirements necessary.

Article 273.

1. Access to the dock or terminal by land of any kind of regulated matter shall not be permitted until the vessel to be received is properly docked and ready to initiate the loading and the general provisions have been complied with. relevant, or until the vehicles to be received are on the dock ready to start the transport.

2. Both the ships that have loaded the regulated materials, and the vehicles on which they have been unloaded, will leave the port as soon as the load of each one ends. Both operations shall be carried out in compliance with the instructions of the maritime master and the port director, respectively.

Article 274.

1. The regulated materials must be loaded or unloaded directly from vessel to vehicle or vice versa. In no case shall they be stored on wharf, tinged or storerooms. It may be exempted from this rule in the case of non-metallic cardboard or other safety ammunition.

2. During the loading and unloading of explosives, the laden vehicles which are on standby shall remain at a reasonable distance from the vessel in which these operations are carried out, not less than one hundred metres.

CHAPTER VI

River and reservoir transport

Article 275.

The inland waterway transport and reservoirs of regulated materials shall be governed by the rules laid down in this Chapter, as far as applicable, by the provisions of the preceding chapter and by the applicable rules of the hydraulic legislation.

Article 276.

1. The competent Basin Agencies shall control river navigation and in reservoirs of regulated materials.

2. It is up to the Cuenca Organizations, after reporting the Central Intervention of Arms and Explosives of the Civil Guard, the granting of the authorizations of navigation and for the establishment of the necessary embarcaderos for the exercise of such activity.

3. All this subject to the competence of the Ministry of Public Works in respect of the conditions of boarding, loading and unloading as well as of the requirements of the ships and of the transport itself, in accordance with the provisions of the legislation in effect.

Item 277.

The navigation authorisation referred to in paragraph 2 of the previous Article extends to the loading and unloading operations, operations which shall comply with the general rules in force in this respect and the conditions specific to be established in that authorization.

Article 278.

The loading and unloading of the aforementioned materials can only be carried out from the corresponding jetties to the vessel and vice versa.

Article 279.

The Ministry of Public Works shall lay down the conditions to be met by vessels for inland waterway transport and reservoirs of regulated substances.

Article 280.

When the circumstances advise, the Basin Organizations may shut down, for the purposes of transporting regulated materials, a reservoir or a section or sector of the river, temporarily, without being able to represent an impairment in the common use of the hydraulic public domain by third parties. The costs of the baling required for navigation shall be borne by the authorised beneficiary.

Article 281.

1. Only persons who are provided with the corresponding title, granted by the Ministry of Public Works, may manage or govern vessels for this type of transport.

2. The surveillance of the river transport of explosives shall be subject to the provisions of supplementary technical instruction No 1.

CHAPTER VII

Air Transport

Article 282.

1. The air transport of regulated materials shall, as a general rule, be subject to the provisions of the Transport Regulation No Risk of Dangerous Goods by Air (IATA).

2. In addition, the provisions of the Private Security Law and Regulations and the provisions of this Chapter and the accompanying technical instructions that develop it will be generally applicable.

Item 283.

The competence of the subjects covered by this Chapter shall correspond to the following Departments:

(a) To the Ministry of the Interior, as regards the surveillance regime in national transport and in cargo and unloading operations at airports.

b) To the Ministry of Public Works in those aspects that are not expressly attributed to other Departments, and specifically in the loading and unloading operations in the service area of the airports.

(c) to the Ministry of Industry and Energy in respect of authorised packaging and packaging and the classification and compatibility of the stowage of the materials transported.

Article 284.

1. Airport Directors shall monitor the carriage of regulated substances within the area of their jurisdiction.

2. The surveillance of the transport shall be subject to the provisions of the Private Security Regulation and provisions supplementing it, as well as to the provisions of supplementary technical instruction No 1.

Article 285.

1. The airport directors will be responsible for the activities related to the regulated matters, as long as they are within the limits of the airport, being able to carry out, at any moment, how many inspections estimate convenient.

2. The aircraft commander shall be held responsible for such matters, provided that the aircraft has been taken over to undertake the flight, and until the aircraft has completed the flight, it has made delivery of the cargo.

Article 286.

When carrying out the entrance at the airport the person responsible for the transport will present the guide of circulation and the authorization of the shipment of the goods to the Director of the airport, which, before the checks that it orders to carry effect, confirm, where appropriate, the authorisation by establishing, if any, the additional requirements which are necessary.

Article 287.

1. When an aircraft transports the regulated materials, in transit, and has landed to repair breakdowns or to supply fuel, it shall be stationed in the area specifically provided for in this respect.

2. Whether the materials mentioned were unloaded, and stored in accordance with this Regulation, as if they remained on the aircraft, they shall be duly guarded.

Article 288.

1. In airports where regulated materials are normally loaded or unloaded, there shall be an area reserved for the purpose, which is suitably delimited, marked and isolated from the rest of the facilities, from which it is separated by a distance the safety to be determined by the competent authority, depending on the characteristics of each airport.

2. In that area, the parking of the aircraft carrying such materials, as well as the loading and unloading operations or any other handling thereof, shall be carried out.

3. This area shall be equipped with the detection and fire extinguishing equipment to be determined by the authority in order to prevent and, where appropriate, be able to deal with any fire that occurs.

4. In the buildings concerned the service of the reserved area shall be observed, as applicable, the provisions of this Regulation.

5. At airports which are not equipped with the reserved area referred to in the preceding paragraphs, an appropriate place shall be provided, which meets the essential safety conditions, in particular as regards the distance of separation. with regard to the other airport facilities.

Article 289.

1. Vehicles carrying regulated materials to be shipped shall, wherever possible, approximate to a point from which the direct transhipment of the vehicles may be carried out to the aeroplane.

2. Similar system shall be followed for vehicles in which the goods landed are to be withdrawn.

3. During the loading and unloading of explosives, in cases where such an approach is not feasible, the waiting vehicles shall remain at a reasonable distance from the aeroplane, which shall not be less than 100 metres.

Article 290.

Once the regulated material has been loaded on the aeroplane, the aircraft must be immediately, unless expressly authorised by the competent authority, by reason of force majeure or other circumstances which advise the measure.

Article 291.

1. As a preliminary procedure for the unloading of regulated materials, or for repairing breakdowns or other handling, in aircraft transporting them from a foreign airport, the competent authority shall be required to show certificate, issued by the authorities of the airport of origin, certifying compliance with the rules laid down by international civil aviation bodies on the transport of such substances.

2. In respect of internal traffic, and prior to the completion of such operations, the movement guide shall be displayed.

Item 292.

1. The air transport of regulated substances may also be carried out by helicopters, subject to the provisions of this Chapter, as soon as applicable.

2. Helicopters carrying such substances may only take off or land at airports or heliports authorised to carry out loading or unloading operations and other operations which are necessary.

3. Only helistations and helisurfaces may be used for the transport of these substances on an exceptional basis and subject to the authorisation of the competent authority, which shall be present, by itself or by representatives, during the operation.

4. The Ministry of Public Works shall determine the classes and quantities of regulated substances which may be transported in different types of helicopters.

5. The helicopters carrying these substances must be equipped with the equipment necessary for the detection and extinction of fires.

TITLE IX

Sanctioning Regime

CHAPTER I

Minor Violations

Article 293.

If they do not constitute a crime they will be considered minor and sanctioned infractions:

(a) The omission or inadequacy of the security measures for the custody of the documentation relating to explosives, cardboard or fireworks, when it results in loss or subtraction, with a fine of up to fifty thousand pesetas.

b) The omission of the duty to report to the Intervention of Arms the loss or subtraction of documentation relating to explosives, cardboard or fireworks, with a fine of up to fifty thousand pesetas.

(c) The omission of the obligation to refer to the Administration the parties and other documents relating to explosives, cardboard and fireworks, with a fine of up to fifty thousand pesetas.

d) The omission of data in communications that is mandatory to refer to the Administration, relating to explosives, cardboard and fireworks, with a fine of up to fifty thousand pesetas.

e) Irregularities in the completion of compulsory books and registers relating to explosives, cardboard and fireworks, which involve omission or inadequacy of the measures necessary to ensure the preservation of the required documentation, with a fine of up to fifty thousand pesetas.

(f) Disobedience of the mandates of the competent authority or of its agents, in the exercise of the mission they are legally entrusted with in the field of explosives, cardboard or fireworks, with a fine of up to Fifty thousand pesetas.

g) All conduct that is not qualified as very serious or serious constitute breaches of the obligations or violation of the prohibitions laid down in the Organic Law 1/1992 on Security Protection Citizen or special laws, with a fine of up to fifty thousand pesetas.

CHAPTER II

Serious Violations

Article 294.

If they do not constitute crimes they will be considered serious and sanctioned infractions:

(a) The manufacture, storage, trade, acquisition or disposal, holding or use of explosives, cartchery or pyrotechnic devices, lacking the CE marking, and not catalogued, with a fine of fifty thousand pesetas 5 million pesetas, seizure of the material apprehended and, where appropriate, closure of the establishment where the infringement occurs for a period not exceeding six months.

(b) The manufacture, storage, trade, acquisition or disposal, possession or use of scheduled explosives, cardboard or fireworks, lacking the necessary documentation or authorizations, with fine from fifty thousand pesetas to five million pesetas, seizure of the material apprehended and, where appropriate, closure of the establishment where the infringement occurs for a period not exceeding six months.

(c) The manufacture, storage, trade, acquisition or disposal, holding or use of classified explosives, cardboard or fireworks, in quantity greater than that authorized, with a fine of fifty thousand one pesetas to two million pesetas and seizure of material that exceeds the authorized one.

d) The omission or inadequacy of the adoption or effectiveness of security measures or mandatory precautions for the custody of explosives, cardboard or fireworks, with a fine from fifty thousand pesetas to 5 million pesetas and closure, where appropriate, of the establishment where the infringement occurs until the security measures are established or the existing anomalies are remedied.

e) The omission or insufficiency of the adoption or effectiveness of industrial safety measures or mandatory precautions in the manufacture, storage, possession or use of explosives, cardboard or artifices pyrotechnics, with a fine from fifty thousand pesetas to five million pesetas and closure, where appropriate, of the establishment where the infringement occurs until the security measures are established or the existing anomalies are remedied.

f) The circulation or transport of explosives, cardboard, or fireworks, without complying with the requirements laid down in terms of citizen security measures, industrial safety or documentation, with a fine of fifty thousand a pesetas to five million pesetas.

g) The allegation of false data or circumstances, for obtaining authorizations or documents relating to explosives, cardboard, and fireworks, with a fine of fifty thousand pesetas up to two million pesetas.

(h) The refusal of the competent authorities or their agents of access to factories, workshops, means of transport, warehouses and other establishments relating to explosives, cardboard or fireworks, in the exercise of tasks entrusted, with a fine of fifty thousand pesetas up to one million pesetas.

i) The obstruction of inspections intended to be carried out by the competent authorities or their agents in factories, workshops, means of transport, warehouses and other establishments relating to explosives, cardboard or fireworks, in the exercise of the tasks entrusted, with a fine of fifty thousand pesetas up to one million pesetas.

j) The start of any activity related to explosives, metal cartchery or fireworks without the relevant authorization, with a fine of fifty thousand pesetas up to five million pesetas.

k) The opening of a factory, workshop, warehouse or any other establishment relating to explosives, cardboard or fireworks, without the required authorization, with a fine of fifty thousand pesetas up to five millions of pesetas and closure of the establishment.

l) The opening or operation of any establishment, or initiating any activity related to explosives, cardboard or fireworks, without taking the necessary security measures, or when they are insufficient, with a fine from fifty thousand pesetas up to 5 million pesetas and closure of the establishment until the safety measures are adopted or the anomalies existing in them are remedied.

m) The lack of books or records that are mandatory, in terms of explosives, cardboard or fireworks, with a fine of fifty thousand one to one million pesetas.

n) The commission of a third minor infringement within one year, with a fine from fifty thousand pesetas to a million pesetas.

CHAPTER III

Fatal violations

Item 295.

If they do not constitute crimes, they will be considered very serious infractions and will be sanctioned:

(a) The conduct referred to in paragraphs (a), (b) and (e) of the preceding Article, if, as a result of the conduct, serious damage to persons or property is caused, with a fine of five million pesetas up to a hundred millions of pesetas, and close, where appropriate, the establishment where the infringement occurs for a period of six months and one day to two years.

(b) The conduct established in paragraphs (d) and (f) of the preceding article, if as a result the loss or subtraction of regulated materials occurs, with a fine of five million pesetas up to a hundred million of pesetas and, where appropriate, closure of the establishment where the infringement occurs, or a transport undertaking, for a period of six months and one day to two years, provided that the quantity subtracted or lost, the mode or authors of the subtraction cause social alarm.

Article 296.

The administrative offences referred to in the previous Articles shall be prescribed at three months, a year or two years after they have been committed, as minor, serious or very serious, respectively.

Article 297.

The penalties will be prescribed for the year, two years or four years, depending on whether the relevant infringements have been qualified as minor, serious or very serious, respectively.

CHAPTER IV

Procedure

Item 298.

1. No penalty may be imposed for the offences envisaged, but under the procedure laid down for the purpose and in accordance with the principles of the hearing of the person concerned, economy, speed and his/her jurisdiction and which shall be governed by the provisions of the Articles 31 to 39 of the Organic Law 1/1992 of 21 February on the Protection of Citizen Security and Royal Decree 1398/1993 of 4 August on the Exercise of Sanctioning Power.

2. No sanctions shall be imposed for temporary suspension of the authorisations of factories, workshops, premises or establishments without prior favourable report from the Ministry of Industry and Energy.

Article 299.

1. The regulated matters seized, as a result of an administrative infringement, will be passed on to the State, which, through the Ministry of Industry and Energy,

(a) Shall destroy them if they are not properly catalogued, or in the event that their transport or storage poses a risk to the integrity of natural persons or property;

(b) The public auction shall be held between the duly qualified natural or legal persons in the event that they are properly catalogued;

c) He will deliver them to the Armed Forces or Civil Guard Corps or National Police, when they may be useful for the performance of their duties.

2. During the examination of the sanctioning file, and where appropriate during the execution of the penalty imposed, the regulated matters shall be deposited in a duly empowered establishment, at the disposal of the competent authority. to sanction.

Article 300.

1. The jurisdiction to impose the penalties laid down in the preceding Articles shall be exercised by:

(a) The Council of Ministers, for the imposition of any of the sanctions for very serious, serious or minor infractions.

b) The Minister of the Interior, to impose fines of up to fifty million pesetas and any of the remaining penalties provided for, for very serious, serious and minor infractions.

(c) The Secretary of State for Security, to impose fines of up to twenty-five million pesetas and any of the other penalties provided for, for very serious, serious and minor infractions.

(d) The Director-General of the Civil Guard, in order to impose any of the penalties for serious and minor infractions in the manufacture, storage, distribution, circulation and trade, of explosives, cardboard and fireworks.

e) Government Delegates, to impose any of the penalties for serious and minor tenure and use violations and in the rest of the activities in which the competition is not attributed to the Director General of the Civil Guard.

f) Mayors, to impose any of the penalties for minor violations of tenure and use of fireworks.

2. The competence for the instruction of the sanctioning files shall be:

(a) To the Central Services body of the Directorate-General of the Civil Guard, which is competent, in accordance with the regulatory provisions of the General Directorate of the Civil Guard, for the instruction of the files whose motion for a resolution relates to a very serious infringement.

b) To the Heads of the Civil Guard Zone, in respect of the sanctioning files whose resolution corresponds to the Director General of the Civil Guard.

(c) To the Government Subdelegates, in respect of the sanctioning files the resolution of which corresponds to the Government Delegates.

EXPLOSIVES REGULATION

COMPLEMENTARY TECHNICAL INSTRUCTIONS

Supplementary Technical Instruction number 1

Services for the immediate protection of factories, workshops, depots and transport of explosives

Without prejudice to the compliance with the specific rules that regulate each case and in compliance with how much the Explosives Regulation determines, the security measures are detailed in the various establishments and during the transport of regulated materials.

Factory security measures

Before the start of the activity of an explosives factory, the owners of the explosives factory will submit for approval to the Central Intervention of Arms and Explosives a security plan, prepared by a security firm in the one that will be specified:

Responsible security company.

Human Security:

Number of security guards per shift.

Number of shifts.

Number of surveillance posts.

Responsible for security.

Physical security:

Conditions of facades, doors, perimeter fencing and electronic protection, where applicable.

Reaction time.

Connection to communication center.

Connection to the Civil Guard.

The safety plan manufacturer, or any other with technical capacity, shall be responsible for the maintenance of the specific conditions therein.

Whenever the factory is not in production schedule and the regulated materials are deposited in industrial deposits, it will have the consideration, for security purposes, of deposit, so it can be replaced during this period human surveillance for sufficient physical security, which will be approved, if any, by the Central Intervention of Arms and Explosives. The minimum security measures to be taken in such cases are those listed in Annex I.

Without prejudice to the fact that all the explosives factories are under the control of an Intervention of Arms and Explosives, when in the judgment of the Directorate General of the Civil Guard, some of them, either because of the quantity or the danger the product manufactured, either by the special idiosyncrasies of the same one must have immediate custody of the Civil Guard, will be equipped with a Special Intervention of Arms and Explosives, and a detachment will be established under the command of the Interventor Weapons.

In the previous case, the owners of the factories will provide them with the necessary means, which will include, at least, office, weapons room, bedrooms with sufficient capacity to accommodate all members of the detachment with Separate dormitories for the Head of the detachment and female members, health services proportional to the number of members and with sufficient liveability measures to be approved by the Directorate General of the Civil Guard.

The connection between the factory and the Civil Guard shall be with the Unit of each Command, designated by the Head of the Zone where the factory is located.

Deposit security measures

Before the start of the activity of an explosives depot, the owners of the explosives will submit for approval to the Central Intervention of Arms and Explosives a security plan, prepared by a security firm in the to be specified:

Responsible security company.

Human Security:

Number of security guards per shift.

Number of shifts.

Number of surveillance posts.

Responsible for security.

Physical security:

Conditions of facades, doors, perimeter fencing and electronic protection, where applicable.

Reaction time.

Connection to communication center.

Connection to the Civil Guard.

The security firm of the Security Plan or any other with sufficient technical capacity shall be responsible for the maintenance of the same.

Human surveillance may be replaced by sufficient physics, which shall at least be as specified in Annex I and shall be approved, where appropriate, by the Central Intervention of Arms and Explosives.

The connection between deposit and the Civil Guard will be with the Unit of each Command designated by the Head of the Zone where the factory is located.

Safety measures in workshops

Before the start of a workshop, the owners of the workshop will submit a security plan for their approval to the Central Arms Intervention and Explosives, prepared by a security firm in which they will be specify:

Responsible security company.

Human Security:

Number of security guards per shift.

Number of shifts.

Number of surveillance posts.

Responsible for security.

Physical security:

Conditions of facades, doors, perimeter fencing and electronic protection, where applicable.

Reaction time.

Connection to communication center.

Connection to the Civil Guard.

The security company's security company will be responsible for maintaining the security plan.

Human surveillance may be replaced by sufficient physics, which shall be approved, where appropriate, by the Central Intervention of Arms and Explosives.

The connection between the workshop and the Civil Guard will be with the Unit of each Command, designated by the Head of the Area where the workshop is located.

Road transport

With forty-eight hours in advance, any company that intends to carry explosives or metal cardboard in excess of 5,000 cartridges for the national territory, both in internal activities, transfers, import, export or transit, shall present to the Intervention of Arms and Explosives of the Command of origin or of entry into the national territory, an application in which a safety plan shall be included, made by the security company to do so, which will be approved in your case.

The request will be expressed:

Class and quantity of regulated matter.

Output time.

Approximate time of arrival.

Source (concrete place).

Target.

Itinerary.

Stops (place, time, and duration).

Time for stops.

Driver names.

Security vigilante names.

Name of the security officer.

Number and registration of means of transport.

Phone number to contact transports.

Action plan against possible incidents.

The number of explosive security guards will be at least that of the number of vehicles plus one. One of them will be responsible and coordinator of all security.

Explosives security guards will travel in each vehicle that forms the convoy, and will not be able to perform driving or unloading tasks.

All vehicles shall be linked to each other and with a centre designated by the security undertaking, by mobile telephone, with the characteristics to be determined.

The characteristics to be collected by the vehicle for the transport of explosives shall be specified by a Ministerial Order.

By the characteristics of the transportation, in addition to these security measures the Civil Guard will be able to establish its own escort with the number of personnel it deems appropriate.

All of these circumstances will be found in the Circulation Guide.

All the Commanders will know the passage of explosives by their demarcation, for this the Command of origin will communicate it with twenty-four hours in advance to the Commanders of passage and destination.

Transport by rail

With forty-eight hours in advance, any company that intends to carry explosives or metal cardboard in excess of 5,000 cartridges for the national territory, both in internal activities, transfers, import, export or transit, shall present to the Intervention of Arms and Explosives of the Command of origin or of entry into the national territory, an application in which a safety plan shall be included, made by the company of security, which must be carried out, which will be approved in your case.

The request will be expressed:

Class and quantity of regulated matter.

Output time.

Approximate time of arrival.

Source (concrete place).

Target (concrete place).

Itinerary.

Stops (place, time, and duration).

Time for stops.

Name of the drivers.

Names of explosives security guards.

Name of the security officer.

Number and registration of means of transport.

Phone number to contact transports.

Action plan against possible incidents.

The number of explosives security guards will be at least that of the number of cars plus one. One of them will be responsible and coordinator of all security.

Explosives security guards will travel on each wagon that forms the convoy.

All wagons shall be linked to each other and to a centre designated by the security undertaking by means of a mobile telephone with the characteristics to be determined.

Due to the characteristics of the transportation, in addition to these security measures the Civil Guard may establish its own escort with the number of personnel it deems appropriate or other of interest.

All of these circumstances will be found in the Circulation Guide.

All the Commanders will know the passage of explosives by their demarcation, for this the Command of origin will communicate it with twenty-four hours in advance to the Commanders of passage and destination.

River transport

With forty-eight hours in advance, any company that intends to carry explosives or metal cardboard in excess of 5,000 cartridges for the national territory, both in internal activities, transfers, import, export or transit, shall present to the Intervention of Arms and Explosives of the Command of origin or of entry into the national territory, an application in which a safety plan shall be included, made by the company of security, which will be approved in your case.

The request will be expressed:

Class and quantity of regulated matter.

Output time.

Approximate time of arrival.

Source (concrete place).

Target (concrete place).

Itinerary.

Stops (place, time, and duration).

Names of explosives security guards.

Name of the security officer.

Number and registration of means of transport.

Phone number to contact transports.

Action plan against possible incidents.

The number of explosive security guards will be at least one per boat plus one. One of them will be responsible for security.

Explosives security guards will travel on each vessel that forms the convoy.

The vessels will be linked to a center designated by the security company, with the characteristics to be determined.

By the characteristics of the transport, in addition to these safety measures, the Civil Guard may establish its own escort with the number of personnel it deems appropriate.

All of these circumstances will be found in the Circulation Guide.

All the Commanders will know the passage of explosives by their demarcation, for this the Command of origin will communicate it with twenty-four hours in advance to the Commanders of passage and destination.

Air and sea transport

Companies carrying explosives or metal cardboard in excess of 5,000 cartridges by sea or air will have the services of a security firm that will be in charge of the custody of the explosives or cardboard during their stay in port or airport enclosures, whether or not loaded on the ship or aircraft carried.

Security companies will present a Plan to the Arms and Explosives Intervention of the Demarcation Command where the port or airport is located, which will be approved as appropriate.

ANNEX I

Perimeter cercate

Its purpose is to complete the provisions of the Explosives Regulation, to clearly delimit the property and to prevent the entry of animals to prevent the generation of harmful alarms.

The underside of the malside will be anchored to a concrete socket by fin pins, or similar procedure, embedded in the same every 30 centimeters.

The minimum distance between the fenced and the outer boundary of the coverage zone of the intrusion detection system furthest from the buildings shall be three metres.

Primary access

Integrated into the perimeter fence will be perfectly observable in its full extent from the checkpoint located inside the establishment.

Sliding-gate will consist of a manual opening and closing by a telemandate system from the control post.

Electronic protection

Electronic protection will consist of:

1. Perimeter detection system.

2. Internal detection system.

3. Communication line monitoring system.

4. Control system (reception, transmission, evaluation and presentation) of the signals.

5. Auxiliary systems: Uninterruptible power supplies (UPS), push-button alarm, intrusion detection in equipment room, and establishment access control unit.

Perimeter detection system

It shall consist of a minimum of two external perimeter detection systems, non-attached to fencing, of different non-correlated operating principle or false alarm, one surface area and one sub-ground or buried, both duly overlapped with each other and with correspondence between their areas.

In order to reduce the FAR, both systems will be integrated with "Y" logic and fifteen-second time window.

The selection of the systems and their distribution will be realized taking into account the climatic characteristics of the area, the topography of the terrain, the organization of the area of the location of the constituent elements or auxiliaries (lighting, fencing, etc.).

Once the systems are installed, they will be evaluated separately. The Pd of each of them shall not be less than 90 per 100 with confidence index of 95 per 100.

Both systems will credit an MTBF better than or equal to twenty hours.

Internal Detection System

This system will be integrated by:

1. Seismic or electronic vibration detectors, piezo-electric type, embedded in the structure and doors of the buildings, capable of generating alarm in front of any triggered against the same with hammer/chisel, drill, percussion, muela, Torch, thermal or explosive.

2. Opening/closing state detectors of the doors of the anti-deflagrant end-of-race type buildings.

3. Passive infrared detectors (PIR) for the interior of the pulvorines with a minimum of three vertical-plane detection beams or vertical coverage angle less than or equal to 60º in the same plane. Your number will be the one needed to detect any displacement inside the building.

Communication Line Monitoring System

The circuit monitoring shall provide an adequate level of safety to the signal transmission lines between detectors and the local alarm reception unit and between the local and the control unit located in the control unit. Civil Guard.

The monitor units will depend on the type of transmission as digital or in tone (classes A and AB); AC and DC-cable transmission (class B); or radio transmission (class C). The required values shall be similar to those determined by the Interim Federal Specification W-A-00450B (GSA-FSS).

Control System

The system will consist of two units, remote in building and local in central, that will communicate with each other via cable or radio.

The remote unit will monitor the status of the perimeter and interior sensors by composing a message from these that will be sent to the local central for analysis and interpretation.

The local, PC-based drive receives and interprets the message sent by the local drive and presents it on screen.

The link will send digitized information with FSK modulation, ensuring the non-repeatability of the message by inclusion in the same pseudo-random code with repetition rate or depth not less than three years on base to a message every ten seconds. This is intended to prevent the simulation or reproduction of messages.

Sensor information will include sensor and status identification.

This relative information will be individualized:

In the perimeter detection system by perimeter zones.

In the internal detection system by polvorines and detector types.

When the link between remote and local drive performs radio the loss of four consecutive messages will cause link loss; a message is supposed to be sent every thirty seconds.

If the link is wired, line monitoring will be done in real time.

Auxiliary Systems

1. Both the remote and the local drive and, if applicable, the communications unit will have UPS for ordinary power failure cases. The UPS of the building will keep the equipment activated long enough for the entry into service of the emergency power group. The UPS service entry will transmit a "prealarm".

2. Manually activatable alarm pulsators will be installed next to the building doors. Two will be installed in each building, one from the outside and one from the inside. Alarm buttons can only be activated while the system is in a state of "access".

3. The enabling or room where the remote unit will be protected by PIR and magnetic contact at the door. The number of items to install will depend on the size and shape of the room.

The building in which the room is located will be within the area protected by the perimeter detection system.

If windows are available, they will be physically protected by grills. The door will be shielded with security lock.

4. The establishment shall have access control unit to allow the access of the authorised personnel without general alarm. The system step from "secure" state to "access" and vice versa will be performed from that unit. Status changes will always generate alarm.

The time window for access or output will be sixty seconds. The status change will be done by magnetic card and personal code or biometric device.

System States

States will be "access" and "secure".

"Access":

In this state all sensors, except alarm and seismic push-buttons, pass to "access" to allow jobs in the establishment.

The radio link and the line monitoring and anti-sabotage functions of all detectors are preserved.

In the local unit the status of all sensors will be known and only alarms will be generated in case of failure or activation of the line monitoring units, anti-sabotage devices, alarm pulsers, seismic sensors and link loss.

"Sure":

All sensors activated and in secure position, exception made from alarm push buttons.

Two types of warnings will be generated:

Prealarm:

All sensors activated, in "safe" position. The prealarm, which will be optically announced (TRC) in local drive, will be generated by:

Activation of a single perimeter zone within the set time window.

Input in service of the emergency power.

Activation of an interior detector of the seismic or electronic vibration detectors and the passive infrared detectors of the internal detection system.

Alarm:

All sensors activated, in "safe" position. The alarm, which will be announced optics and acoustically and will need "recognition", will be generated by:

Activation of two corresponding or adjacent perimeter zones of different detection system within the set time window.

Activation of seismic detectors.

"Open" state in end-of-race contacts of any powder keg.

Link loss according to the provisions of the control system.

Activation of anti-sabotage devices.

Activation of an area of one of the perimeter systems and one of the interior detectors of the internal detection system in a time window of ninety seconds.

System status changes.

Supplementary Technical Instruction number 2

Rules for Control of Possession Of Explosives

In compliance with the provisions of Article 14 of Council Directive 15 /93/EC of 5 April 1993 on the harmonization of the provisions on the placing on the market and the control of explosives for the purpose of Article 9 of the Explosives Regulation, which seeks to manufacture, introduce or import explosives into Spain, will submit to the Central Intervention of Arms and Explosives of the Civil Guard, a proposal of identification of their products that enable, at all times, the control of their tenure.

This Central Intervention shall inform the applicant of its conformity with the proposal or the objections which it advises to reject. In any case, once a systematic identification is authorised, no modification may be made to it without the express permission of the Central Intervention.

The key to the identification of explosives must be a combination of signs (numbers and/or letters) that allows for the follow up, in lots of appropriate size, of supplies from factories to deposits and from each other and final consumers. The natural or legal persons responsible for the introduction or import of explosives must, from the time of entry of such products into national territory, submit to the rules applicable for the purposes of the industrial deposits.

The combination of signs-identification key-must specify at least the production factory or company and the differentiator batch to which the product belongs.

All packaging or outer packaging (boxes, bags, etc.) must be entered, clearly and without prejudice to the provisions of Chapter I of Title IV of the Explosives Regulation, the key to identification of the products they contain. Except for this prescription, explosives whose bulk transport is regulated in bulk. In the case of carted explosives, the identification key shall be shown on each of the cartridges.

These identification numbers must be included in the corresponding Circulation Guides, as provided for in the Supplementary Technical Instruction number 20, which may be noted, if they are correlated, indicating only the first and last.

Information regarding the identification of supplies shall be kept at the disposal of the Civil Guard for a period of three years from the end of the calendar year during which the operation took place. registered, even if the company had ceased its activity.

Supplementary Technical Instruction number 3

Cataloging the explosives

The Explosives Regulation establishes, in Article 25.1, the cataloguing of explosives as a condition prior to their manufacture, transfer or import. This classification is conditional on explosives bearing the CE marking, as laid down in Council Directive 15 /93/EEC of 5 April 1993, subject to compliance with the essential safety requirements, due to their compliance with national standards transposing the harmonised Community standards, and the assessment of their conformity as laid down in Supplementary Technical Instruction No 4.

Furthermore, in the meantime, the "Official Journal of the European Communities" does not publish the above harmonised standards, it is necessary to lay down national rules whose observance ensures compliance with the requirements of this Directive. security essentials as set out in Supplementary Technical Instruction number 3.

Likewise, the necessary classification of explosives according to Articles 12 and 13 of the Explosives Regulation should be supplemented by the establishment of their compatibility in order to their storage and transportation.

Therefore, in accordance with Chapter V of Title I of the Explosives Regulation, the cataloging of explosives shall be conditional on the following:

1. Either they are provided with the CE marking, in accordance with Directive 15 /93/EC and with Articles 14, 15, 16 and 25 of the Explosives Regulation.

2. Or, until 31 December 2002, and in accordance with Article 19 (4) of Directive 15 /93/EC, they are in accordance with national legislation, as set out in Annex I to this Supplementary Technical Instruction. The full text of the technical specifications and the technical criteria, as referred to in Annex I, shall be made available to those interested in the General Directorate of Mines.

In the resolution of the cataloging of the explosives it must be reflected:

(a) Your assignment, for the purposes of the graduation of the risk involved in your handling, storage and transport, to one of the Divisions set out in Article 13 of the Explosives Regulation. At the request of the person concerned, the Directorate-General for Mines, of the Ministry of Industry and Energy, shall determine the specific allocation for each subject or object, or groups of materials or articles, on the basis of the technical criteria obvious or, where appropriate, in accordance with the tests, operating methods and criteria specified in the 'Tests and criteria for the classification of the explosive materials and articles' of the 'Recommendations on the transport of goods' dangerous: tests and criteria ' certified by an accredited test laboratory.

b) Your framing in one of the compatibility groups detailed in Supplementary Technical Instruction number 22.

c) Your classification in accordance with Article 12 of the Explosives Regulation and UNE Standard 31-006 "General classification and classification of industrial explosives".

(d) Their particular conditions of use or restrictions of use in relation to the specific characteristics of the tasks to which they are intended.

e) Any other additional requirements or supplemental security measures that you consider appropriate to specify.

f) Term of validity of cataloging.

For explosive substances or products other than those specified in Annex I of this Supplementary Technical Instruction, the Directorate General of Mines, of the Ministry of Industry and Energy, at the request of the person concerned, shall fix previously the characteristics to be specified in the cataloging request. This Directorate-General shall provide the technical specifications to be used in the implementation of the mandatory tests.

The classification of explosives, and their inclusion in the Official Catalogue referred to in Article 27 of the Explosives Regulation, shall be made by entrustment to each individual substance or product of a numbering formed by five groups of numbers with the following significance:

First Group: Formed by four digits, indicative of the correlative number of cataloging.

Second group: formed by a maximum of four digits, according to the classification of Article 12 of the Explosives Regulation.

Third group: formed by a digit, which identifies if it is 1 that the manufacturer belongs to the European Union and if it is 0, that the manufacturer has another nationality.

Fourth group: consisting of four digits, to resent the UN number of matter or object.

Fifth Group: consisting of two digits and one letter, to identify the Risk Division, according to Article 13 of the Explosives Regulation, and the compatibility group, according to Supplementary Technical Instruction number 22.

The catalogue of explosives made prior to the entry into force of this provision shall be valid for an unextended period until 31 December 2002, unless a date has been established in its resolutions. Previous expiration.

ANNEX I

National regulations applicable to the cataloging of explosives

The characteristics of the various classes of explosives, explosive products and their accessories to be recorded in the memory to accompany the application for cataloging and the regulations to be applied in the corresponding tests certification will be as follows:

A. Explosive breakers

A. 1 General tests.

A. 1.1 Composition: the percentage composition shall be indicated, with the following maximum variation from the theoretical composition, by weight present in the explosive mixture:

From 0 to 20 per 100: ± 10 per 100 percent value.

From 20 to 50 per 100: ± 7 per 100 percent value.

50 to 100 per 100: ± 5 per 100 percent value.

In the case where elements whose composition does not correspond to the defined chemical formula enter into the mixture, the most approximate elemental composition shall be expressed.

In addition, when some compound protected by some concept, by secret of manufacture, must be expressed, in any case, its elemental composition, sufficient for the calculation of the theoretical characteristics.

A. 1.2 Theoretical characteristics: based on their theoretical composition, they will be determined:

Oxygen balance.

Normal gas volume.

Specific explosion heat.

Maximum explosion temperature.

Specific pressure.

Load limit density.

Specific energy.

The calculation of the theoretical characteristics will be performed according to UNE 31.002, using the technical specification 0301-1-85.

A. 1.3 Practical Features:

A. 1.3.1 Power: Power shall be determined alternately by:

The Trauzl index, according to UNE 31.001.

The ballistic pendulum, according to technical specification 0302-1-85.

A. 1.3.2 Roce sensitivity: according to Norma UNE 31.018.

A. 1.3.3 Shock sensitivity: according to Standard UNE 31.016.

A. 1.3.4 Heat stability: according to Standard UNE 31.017.

A. 1.3.5 Stability Abel at 80 ° C: according to Norma UNE 31.003.

The minimum stability according to this test shall be thirty minutes.

A. 1.3.6 Exudation: as per technical specification 0303-1-85.

A. 1.3.7 Minimum propagation: as per technical specification 0304-1-85.

A. 1.3.8 detonation rate: The detonation rate will be determined alternately by:

The Dautriche method, according to technical specification 0305-1-85.

The microseconds method, according to technical specification 0306-1-85.

A. 1.3.9 Power-breaker: Power-breaker power will be determined alternately by:

According to Norma UNE 31.023 "Determination of the explosive power-breaker: Hess method".

The modified Kast method, according to technical specification 0307-1-85.

The Hess method, according to technical specification 0308-1-85.

A. 1.3.10 Residual smoke quality: according to technical specification 0309-1-85. The explosives shall be classified according to the quantity of litres of CO + NOX measured at:

Class

1/100 grams of explosives
A	Less than 2.27 liters.
B	From 2.27 to 4.67 liters.
C	More than 4.67 liters

The form of use in underground work of class C explosives shall be subject to verification, by appropriate evidence, of compliance with the provisions of ITC 04.7-12 of the General Rules of Procedure. Mining Safety Basic, on gas limits concentrations.

A. 2 Special tests.

A. 2.1 Security Explosives: for use in regulated holdings where the presence of flammable gases or powders is presumed. According to the following tests, the explosives shall be classified as:

A. 2.1.1 Type II:

Mortar short plus plate, with 9 per 100 methane.

Long mortar plus coal dust.

Long mortar, with 9 per 100 of methane.

A. 2.1.2 Type III:

Mortar cut more plate with 9 per 100 methane.

Load suspended with suspended coal dust and 3 per 100 methane.

Long mortar plus suspended coal dust.

Long mortar, with 9 per 100 of methane.

A. 2.1.3 Type IV:

The explosives in this group must exceed the tests described above in A. 2.1.2 and also the test of:

Corner Mortar.

The various tests will be performed according to the technical specification 0310-1-85.

A. 2.2 Low-sensitivity explosives: in the face of difficulty in determining in certain explosives (naphtha, hydrogels and emulsions) certain practical characteristics specified in A. 1.2 (power, detonation speed and spread), according to the test methods set out above, such characteristics may be replaced by:

A. 2.2.1 Initiation sensitivity: according to the technical specification 0311-1-85.

B. Starter Accessories

B. 1 Slow Dates:

B. 1.1 Description and composition: A scheme of the wick shall be included and the materials forming and the composition and quantity of explosive charge contained therein shall be indicated.

B. 1.2 General Conditions:

B. 1.2.1 Diameter: the diameter of the wick shall be between five and 5,7 millimetres.

B. 1.2.2 Spread speed: the speed of propagation shall not exceed, in any case, the speed of one meter per second. Propagation speeds will be specified:

Outdoor.

With attack.

In both cases, a tolerance of the nominal ± 10 per 100 shall be permitted.

B. 1.2.3 Call speed: these characteristics will be determined as specified in UNE 31.401.

B. 1.3 Specific Conditions:

B. 1.3.1 For waterproof wicks: the detonation speed must not vary, within the tolerances indicated, after the wick is kept for two hours under a two-metre water column. It will be determined as detailed in the technical specification 0312-1-85.

B. 1.3.2 For underwater wicks: the detonation speed must not vary, within the tolerances indicated, after the wick remains for twenty-four hours under a water column of five metres. It will be determined as detailed in the technical specification 0312-1-85.

B. 1.3.3 Moisture resistance of the crimp: it will be determined according to the technical specification 0313-1-85.

B. 1.3.4 For flame retardants: its flame retardant is determined according to the specific test indicated in UNE Standard 301,401.

B. 2 Trigger Cordon:

B. 2.1 Description and composition: A cord scheme will be included and the materials that constitute it and the composition and amount of explosive soul it contains will be indicated.

B. 2.2 General features:

B. 2.2.1 Gramage: quantity by weight of explosive per meter with a tolerance of ± 10 per 100.

B. 2.2.2 detonation speed: in m/s. Detonating cords for use in seismic surveys must have a minimum detonation rate of 7,000 m/s.

B. 2.2.3 Break load: in Kgf. The detonating cords for use in vertical boreholes must have a minimum breakage load of 75 Kgf.

B. 2.2.4 Derived detonation: through onion-shaped splices, with double-knot or line.

These features will be determined as specified in UNE 31.402.

Alternatively, the detonation rate can be determined as indicated in the technical specification UNE 31,402.

B. 2.3 Specific features:

B. 2.3.1 Load suspended, with coal dust suspended more than 3 per 100 methane.

B. 2.3.2 More explosive type III detonator.

B. 2.3.3 Load suspended with 9 per 100 methane.

B. 2.3.4 Morter long more coal dust suspended.

B. 2.3.5 Long Mortero plus 9 per 100 methane.

The performance of these tests is indicated in the technical specification 0315 -1-85.

B. 3 Mecha deters:

B. 3.1 Description and composition: A scheme of the detonator shall be included and the materials constituting it and the composition and quantity of the explosive contained therein shall be indicated.

B. 3.2 Power: It will be determined alternately by the:

Traulz Method, according to UNE 31.001. Detonators shall be classified on the basis of the widening originating from:

	Minimum Widening - Cubic centimeters
6	20
8	23

Lead plate, according to technical specification 0316-1-85. Detonators shall be classified, based on the drilling produced, at:

	Minimum
	- Millimeters	Output - Millimeters
6	10	8
Number 8	11	9

B. 3.3 Length of the camera: between the mouth and the operator of the detonator. Minimum permissible length of 15 millimetres.

B. 3.4 Internal diameter: the inner diameter of the bushing must be at least six millimetres.

B. 3.5 Shock sensitivity: according to technical specification 0317-1-85.

B. 3.6 Sensibility to the tracheum: according to technical specification 0318-1-85.

B. 4 Electrical Detainers:

B. 4.1 Composition: A scheme of the detonator shall be included and the materials constituting it and the composition and quantity of explosive charge contained therein shall be indicated.

B. 4.2 Electrical resistance: rating the detonators at:

Type S: when its resistance is between 1,2 and 1,6 ohms.

Type I: when your strength is between 0.4 and 0.5 ohm.

Type AI: when its resistance is between 0.03 and 0.05 ohm.

The determination of the electrical resistance of the detonators shall be performed according to the technical specification 0319-1-85.

B. 4.3 Security Stream: According to the technical specification 0320-1-85. The maximum values for the security stream must be:

Detonators type S: 0.18 A.

Type I detonators: 0.45 A.

AI Type Detonators: 4 A.

B. 4.4 Power-on current: according to technical specification 0320-1-85. The maximum power-on current values must be:

Detonators type S: 1,2 A.

Type I Detonators: 2.5 A.

AI Type Detonators: 25 A.

B. 4.5 Power on: as per technical specification 0321-1-85. The ignition impulse of the electric detonators must be understood:

Type S detonators: Between 0.8 and 3 mJ/ohm.

Type I detonators: Between 8 and 16 mJ/ohm.

AI Type Detonators: Between 1,100 and 2,500 mJ/ohm.

B. 4.6 Antistatiicity: technical specification 0322-1-85.

B. 4.7 Resistance to thread traction: according to technical specification 0323-1-85.

B. 4.8 Coup security: according to technical specification 0317-1-85.

B. 4.9 Hermeticity: according to technical specification 0324-1-85.

B. 4.10 Power: according to UNE 31.001.

B. 4.11 Retard: according to technical specification 0325-1-85. On the basis of the delay time, the electrical detonators shall be classified into:

Delay Triggers: Those where the difference between two consecutive numbers is at most half a second.

Micrordelay Triggers: Those where the difference between consecutive numbers is at most one hundred milliseconds.

B. 5 Detonating Cord Gels:

B. 5.1 Description and composition: A relay scheme will be included and will include the materials that constitute it and the composition and quantity of the explosive charge it contains.

B. 5.2 Delay time: according to technical specification 0326-1-85.

B. 6 Pistons or baits for cardboard:

B. 6.1 Description and composition: A scheme of the piston shall be included and the materials constituting it and the composition and quantity of the explosive charge contained therein shall be indicated.

B. 6.2 Sensitivity: according to technical specification 0327-1-85. It must detonate the entire sample of 300 units. If more than four faults occur, the test shall be negative. If they are produced from one to four faults, a counter-sample with 600 units will be taken, not having to occur, in the whole test (900 pistons), more than six faults.

B. 6.3 Security: according to technical specification 0328-1-85. It shall not detonate any of the pistons of a sample of 200 units. If more than two detonations occur, the test shall be negative. If one or two detonations occur, a counter-sample of 400 units shall be taken, and no more than two detonations shall occur in the whole test (600 pistons).

B. 6.4 Transport: according to technical specification 0329-1-85. No appreciable detonation or disorganisation shall occur in the tested pistons or vary their sensitivity.

B. 6.5 Vibration: according to technical specification 0330-1-85. No appreciable detonation or disorganisation shall occur in the tested pistons or vary their sensitivity.

C. Propellant explosives

C. 1 Black Polvore:

C. 1.1 Composition: The percentage composition shall be indicated with a maximum variation from the theoretical composition of ± 1 per 100.

C. 1.2 Shock sensitivity: with the five-kilogram hammer the total detonation must occur between 120 and 140 centimeters: It will be determined according to Standard UNE 31.016.

C. 1.3 Roce sensitivity: with 36 kilograms of weight there should be no reaction. It shall be determined by standard UNE 31.018.

C. 1.4 Combustion speed: must be between 20 and 30 s/m. It will be determined by technical specification 0331-1-85.

C. 1.5 Real Density and gravimetric: will be determined according to technical specification 0332-1-85.

C. 1.6 Granulation: will be determined according to technical specification 0333-1-85.

C. 2 Smoke-free Polvora:

C. 2.1 Composition: the composition shall be indicated with a maximum variation of ± 1 per 100 from the theoretical composition, depending on the percentage of weight of each element present in the powder.

C. 2.2 Inflammation temperature: will be determined according to the technical specification 0334-1-85.

C. 2.3 Stability: to be determined by the following methods:

C. 2.3.1 Test of methyl violet at 134.5 ° C, minimum thirty minutes, according to technical specification 0335-1-85.

C. 2.3.2 Bergman-Junk test at 132 ° C, maximum 12 millimeters per 5 grams of powder, according to technical specification 0336-1-85.

C. 2.3.3 Weight loss test at 100 or C, maximum 3 per 100, according to technical specification 0337-1-85.

C. 2.3.4 Red vape test at 132 ° C, minimum sixty minutes, according to technical specification 0338-1-85.

C. 2.4 Humidity: will be determined according to technical specification 0339-1-85.

C. 2.5 Ashes: to be determined according to the technical specification 0340-1-85.

C. 2.6 Gravimetric Density: to be determined according to technical specification 0332-1-85.

Note: The technical criteria of the Commission for Safety Minera CT-015, CT-026, CT-033, CT-037 and CT-042 will also apply.

ANNEX II

Rules

31.001	Trauzl Test. Lead block explosives test
	Application: A. 1.3.1, B. 3.2 and B. 4.10.
UNE 31,002	Calculation of the main characteristics of the gunpowder and explosives
	Application: A. 1.2.
31.003	Abel Test. Test for the stability of the gunpowder and explosives
	Application: A. 1.3.5.
UNE 31.016	Essay for the measurement of explosives shock sensitivity
	Application: A. 1.3.3 and C. 1.2.
31.017	Assay for the measure of the heat sensitivity of the explosives
	Application; A. 1.3.4.
31.018	Test for the measurement of friction, friction, or friction sensitivity
	Application: A. 1.3.2 and C. 13
UNE 31,401	Security Dates.
	Application: B. 1.2.1, B. 1.2.2, B. 1.2.3 and B. 1.3.4.
31.402	Trigger Muses
	Application: B. 2.2.1, B. 2.2.2, B. 2.2.3, and B. 2.2.4.

Technical specifications

0301-1-85

Technical specifications on physical-chemical constants tables.
	Application: A. 1.2.
0302-1-85	Technical specification. Ballistic pendulum: To determine the power of explosives
	Application: A. 1.3.1.
0303-1-85	Technical specification. Dynamite exudation tests
	Application: A. 1.3.6.
0304-1-85	Technical specification. Measurement of the self-excitation coefficient of explosives
	Application: A. 1.3.1.
0305-1-85	Technical specification. Determining the detonation rate of explosives, by the Dautriche method.
	Application: A. 1.3.8.
0306-1-85	Technical specification. Determining the rate of detonation of explosives using the microsecond counter.
	Application: A. 1.3.8.
0307-1-85	Technical specification. Determining the breaker power of explosives by the modified Kast method.
	Application: A. 1.3.9.
0308-1-85	Technical specification. Determining the power-breaker power by the Hess method.
	Application: A. 1.3.9.
0309-1-85	Technical specification. For the determination of explosive waste fumes
	Application: A. 1.3.10.
0310-1-85	Technical specification. Classification of security explosives
	Application: A. 1.2.1, A. 2.1.2 and A. 2.1.3.
0311-1-85	Technical specification. To determine the detonability of low-sensitivity explosives
	Application: A. 2.2.1.
0312-1-85	Technical specification. To determine the impermeability of the slow wicks
	Application: B. 1.3.1 and B. 1.3.2.
0313-1-85	Technical specification. To determine the impermeability of the detonator crimp to the slow wick
	Application: B. 1.3.3.
0314-1-85	Technical specification. Determining the detonation speed of the detonating cord by a microsecond counter
	Application: B. 2.2.2.
0315 -1-85	Technical specification. Approval of the anti-grisu detonating cord.
	Application: B. 2.3.1, B. 2.3.2, B. 2.3.3, B. 2.3.4, and B. 2.3.5.
0316-1-85	Technical specification. Determining the power of the detonators according to the lead plate
	Application: B. 3.2.
0317-1-85	Technical specification. To determine the sensitivity to the shock of the detonators.
	Application: B. 3.5 and B. 4.8.
0318-1-85	Technical specification. For determination of the tracheping resistance of the detonators.
	Application: B. 3.6.
0319-1-85	Technical specification. For electrical resistance determination of electrical detonators
	Application: B. 4.2.
0320-1-85	Technical specification. For the determination of the safety and ignition currents of the electrical detonators
	Application: B. 4.3 and B. 4.4.
0321-1-85	Technical specification. For the determination of the ignition impulse of the electrical detonators
	Application: B. 4.5.
0322-1-85	Technical specification. For determination of the antistatiicity of electrical detonators
	Application: B. 4.6.
0323-1-85	Technical specification. To determine the tensile strength of the electrical detonator threads
	Application: B. 4.7.
0324-1-85	Technical specification. To determine the tightness of electrical detonators
	Application: B. 4.9.
0325-1-85	Technical specification. For the measurement of the time of delay and dispersion of electrical detonators
	Application: B. 4.11.
0326-1-85	Technical specification. For determination of the delay time of the detonating cord relays.
	Application: B. 5.2.
0327-1-85	Technical specification. To determine the sensitivity of the pistons.
	Application: B. 6.2.
0328-1-85	Technical specification. To determine the security of the pistons.
	Application: B. 6.3.
0329-1-85	Technical specification. To determine the transport resistance of the pistons.
	Application: B. 6.4.
0330-1-85	Technical specification. To determine the vibration resistance of the pistons.
	Application: B. 6.5.
0331-1-85	Technical specification. For the determination of the burning rate of the black powder.
	Application: B. 1.4.
0332-1-85	Technical specification. For the determination of the gravimetric and actual densities of black powder
	Application: C. 1.5 and C. 2.6.
0333-1-85	Technical specification. To determine black powder granulation
	Application: C. 1.6.
0334-1-85	Technical specification. For the determination of the inflammation temperature of the smokeless powder.
	Application: C. 2.2.
0335-1-85	Technical specification. For the determination of the stability of the gunpowder by testing the methyl violet.
	Application: C. 2.3.1.
0336-1-85	Technical specification. For the determination of gunpowder stability by testing Bergman-Junk.
	Application: C. 2.3.2.
0337-1-85	Technical specification. To determine the stability of the powder according to weight loss
	Application: C. 2.3.3.
0338-1-85	Technical specification. Stability of the powder SH by the red vape method at 132 ° C.
	Application: C. 2.3.4.
0339-1-85	Technical specification. To determine the humidity of the smokeless powder.
	Application: C. 2.4.
0340-1-85	Technical specification. To determine the ashes of the smokeless powder.
	Application: C. 2.5.

Note: Applications refer to the section in Annex I.

Technical Criteria

015	Explosive products for the demolition or fragmentation of rock, mass concrete, and reinforced concrete.
026	Diedrich Cargas, for Probe Pipeline Cut.
033	Interim Acceptance as a Technical Specification for Standard Projects approved by the workgroup.
037	Application of CEN Standards 29,000.
042	Quality Control Essays. Establishment of inspection level, by products.

Supplementary Technical Instruction number 4

Essential requirements for the safety of explosives for civil use

In accordance with Articles 3, 4 and 5 of Council Directive 93 /15/EC of 5 April 1993 on the development of Article 15 of the Explosives Regulation, explosives must comply with the requirements laid down in Articles 3, 4 and 5 of Directive 93 /15/EC. applicable, the essential security requirements detailed in this Supplementary Technical Instruction.

They shall be deemed to be in conformity with the essential safety requirements referred to above in respect of explosives for civil use which are in conformity with national rules affecting them and which transpose harmonised standards for which references have been published in the Official Journal of the European Communities. The Ministry of Industry and Energy shall publish the references of the national standards transposing the harmonised standards.

When the Ministry of Industry and Energy considers that the above harmonised standards do not fully meet the essential safety requirements mentioned above, it will present the question of the Standing Committee set up by Directive 83 /189/EEC, specifying the grounds for giving an opinion without delay, in which the Commission shall notify the Member States of the European Union of the measures to be taken.

ESSENTIAL SECURITY REQUIREMENTS

I. General requirements

1. Explosives must be designed, manufactured and delivered in such a way as to present the minimum risk to the safety of life and human health, and to prevent damage to property and the environment under normal and foreseeable conditions, (a) in particular with regard to the safety rules and good practices, including the period prior to their use.

2. The explosives must reach the performance levels specified by the manufacturer in order to ensure maximum safety and reliability.

3. Explosives must be designed and constructed in such a way that appropriate techniques can be disposed of in such a way as to minimise environmental effects.

II. Special requirements

1. Where necessary, at least the following property and information shall be considered. Every explosive should be tested in realistic conditions. If this is not possible in a laboratory, the tests should be carried out under conditions corresponding to the intended use of the explosive.

(a) The design and characteristic properties, including the chemical composition, degree of compatibility and, where appropriate, the size and distribution of the size of the granulate.

b) The physical and chemical stability of the explosive in all environmental conditions to which it may be exposed.

c) The sensitivity to impact and friction.

d) The compatibility of all components with regard to their chemical and physical stability.

e) The chemical purity of the explosive.

f) The resistance of the explosive to water when intended to be used in wet conditions or in water, and when its safety or reliability may be adversely affected by water.

g) Stability at low and high temperatures, when it is intended to maintain or use the explosive at such temperatures and their safety or reliability may be adversely affected by cooling or heating a component or the explosive as a whole.

h) The convenience of using the explosive in hazardous environments (e.g. environment compromised by grisu, hot masses, etc.) if intended to be used in such conditions.

i) The security device to prevent casual or extemporaneous initiation or ignition.

j) The correct loading and operation of the explosive when used for its intended purpose.

k) The appropriate instructions and, where appropriate, the observations relating to the safety of handling, storage, use and disposal in the official language (s) of the receiving State.

l) The capacity of the explosive, its cover or other components, to withstand deterioration during storage up to the expiration date specified by the manufacturer.

m) The indication of all devices and accessories necessary for reliable and safe operation of the explosive.

2. The various groups of explosives must also at least the following requirements:

A) blasting explosives:

(a) The proposed method of initiation shall ensure a safe, reliable and complete detonation or a proper deflagration of the blasting explosive.

b) Cartridge-shaped blasting explosives must transmit the detonation safely and reliably from one end of the cartridge column to another.

(c) gases produced by blasting explosives intended for underground use may only contain carbon monoxide, nitrous gases, other gases, vapours or solid waste in the air, in quantities not exceeding harm health under normal operating conditions.

B) detonating cords, slow wicks and ignition cords:

(a) The cover of the detonating cords, slow wicks and ignition cords shall possess sufficient mechanical strength and adequately protect the explosive filler when exposed to normal mechanical stress.

(b) The parameters of the combustion times of the slow wicks shall be reliably indicated and fulfilled.

(c) The detonating cords must be able to be reliably initiated, have sufficient initiation capacity and meet the requirements for storage, even in special climatic conditions.

C) Detonators (including delay triggers):

(a) The detonators must reliably initiate the detonation of the blasting explosives intended to be used in conjunction with them in all foreseeable conditions of use.

b) Delay detonators must be able to be started reliably.

c) The ability to get started should not be adversely affected by humidity.

d) Delay times for delay triggers must be sufficiently uniform so that the risk of overlapping consecutive interval delay times is negligible.

e) The electrical characteristics of the electrical detonators shall be indicated on the packaging (e.g. safety current, resistance, etc.).

f) The cables of the electric detonators shall have sufficient insulation and mechanical strength, including the strength of their link to the detonator.

D) Propulsants and solid rocket fuel:

(a) These materials must not be detonated when used for their intended purpose.

(b) These materials must be stabilized if necessary against decomposition (e.g. nitrocellulose).

(c) Solid rocket fuels shall not contain any unintended fissure or gas bubbles when they come in compressed or molten form, which may dangerously affect their operation.

Supplementary Technical Instruction number 5

Conformity Assessment of Explosives

In accordance with Articles 6, 7 and 8 of Council Directive 93 /15/EC of 15 April 1995 and in the development of Article 16.3 of the Explosives Regulation and Chapter IV of Royal Decree 2200/1995, the The Ministry of Industry and Energy shall notify the Commission, and the other Member States of the European Union, of the control bodies which it has designated, in accordance with Article 16.3 of the Explosives Regulation, to carry out the conformity assessment procedures set out in this Supplementary Technical Instruction, as well as the specific tasks for which these bodies have been designated and the identification numbers which have been previously attributed to them by the Commission.

The list of notified control bodies, together with their number and identification and the tasks for which they have been notified, shall be published in the Official Journal of the European Communities, with the latter being the for the performance of the conformity assessment of explosives.

The minimum criteria for the assessment of the bodies to be reported are set out in Supplementary Technical Instruction number 6.

When you verify that a notified control body does not already meet the criteria mentioned in the previous paragraph, the Ministry of Industry and Energy must withdraw the notification, communicating it immediately to the other States. Members of the European Union and the Commission. The files and documents relating to their actions shall be processed in accordance with Article 43.6 of Royal Decree 2200/1995.

1. The procedures for the declaration of conformity of explosives shall be as follows:

(a) Or the "EC type" examination (Module B) referred to in paragraph 2 of this Supplementary Technical Instruction, and at the choice of the manufacturer:

Good compliance with type (module C), referred to in paragraph 3.

The procedure concerning the quality of production guarantee (module D), referred to in paragraph 4.

The procedure relating to the quality of product (module E) guarantee referred to in paragraph 5.

Product verification (module F), referred to in paragraph 6.

(b) Or the verification of the unit (module G) referred to in paragraph 6.

2. Module B: "CE type" examination.

2.1 This module describes the part of the procedure by which a notified control body checks and certifies that a representative of the production concerned complies with the relevant provisions of the Regulation of Explosives and Directive 93 /15/EC.

2.2 The manufacturer, or his authorised representative established in the Community, shall submit the application for the "EC type" examination to the notified body of control he chooses.

The request will include:

The name and address of the manufacturer, and if the application is submitted by an authorized representative, also the name and address of the latter.

A written declaration specifying that the same request has not been submitted to any other notified control body.

The technical documentation described in point 2.3.

The applicant shall make available to the notified control body a copy of the product representative of the production concerned, hereinafter referred to as 'type'. The notified control body may request other copies if required by the test programme.

2.3 The technical documentation shall permit the assessment of the conformity of the product to the requirements of the Explosives Regulation. Whenever necessary for such assessment, it shall cover the design, manufacture and operation of the product and include:

A general description of the type.

Design and manufacturing plans and schemas of components, subsets, circuits, etc.

The descriptions and explanations required for the understanding of such plans and schemes and the operation of the product.

A list of national rules that transpose harmonised standards, whether they have been fully implemented or partially, and a description of the solutions adopted to meet the essential requirements, where they are not applied the rules that are previously referenced.

The results of the design calculations performed and the examinations performed.

The reports on the trials.

2.4 The notified control body:

2.4.1 Examine the technical documentation, check that the type has been manufactured in accordance with this and establish the elements that have been designed in accordance with the applicable provisions of the standards to which it refers Point 2.3, as well as the elements whose design is not based on the appropriate provisions of those standards.

2.4.2 Realise or make appropriate checks and tests necessary to check whether the solutions adopted by the manufacturer meet the essential requirements of the Directive where the standards have not been applied Those referred to in point 2.3

2.4.3 It will carry out the appropriate checks and tests to check whether the relevant standards have actually been applied, when the manufacturer has chosen to use them.

2.4.4 The applicant shall be contacted to determine where the necessary controls and tests will be carried out.

2.5 Where the type complies with the relevant provisions of this Supplementary Technical Instruction, the notified body of control shall issue to the applicant an "EC type" examination certificate. The certificate shall include the name and address of the manufacturer, the control findings and the data necessary to identify the approved type.

A list of the significant parts of the technical documentation shall be attached to the certificate. The notified control body shall keep a copy.

If the notified control body refuses to issue the type-certificate to the manufacturer or its representative, it shall give reasons for its decision in detail. Against this decision, the applicant may appeal to the Ministry of Industry and Energy.

2.6 The applicant shall inform the notified body of control that the documentation of the approved product which is to receive a new approval has in its possession, if such modifications affect conformity with the requirements essential or to the conditions prior to the use of the product. This new approval will be issued in addition to the original "EC type" examination certificate.

2.7 Each notified inspection body shall communicate to the other Community authorised bodies the relevant information on the EC type-examination certificates and their allowances issued and withdrawn.

2.8 The other notified control bodies may receive copies of the "EC type" examination certificates and/or their supplements. The Annexes to the certificates shall be made available to the other notified control bodies.

2.9 The manufacturer or his authorised representative established within the Community shall keep a copy of the EC type-examination certificates and their supplements together with the technical documentation for at least 10 years. from the last date of manufacture of the product.

If neither the manufacturer nor his agent is established in the Community, the obligation to keep the technical documentation available shall be the responsibility of the person responsible for placing the product on the Community market.

3. Module C: Compliance with type.

3.1 This module describes the part of the procedure whereby the manufacturer or his authorised representative established in the Community ensures and declares that the explosives in question are in conformity with the type described in the certificate of 'EC type' examination and comply with the requirements of the Explosives Regulation and of Directive 93 /15/EC applicable to them. The manufacturer shall affix the CE marking to each product and draw up a written declaration of conformity.

3.2 The manufacturer shall take all necessary steps to ensure that the manufacturing process ensures the conformity of the products manufactured with the type described in the EC type-examination certificate.

3.3 The manufacturer or his agent shall keep a copy of the declaration of conformity for at least 10 years from the last date of manufacture of the product.

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

3.4 A notified control body chosen by the manufacturer shall carry out or make checks on the product at random intervals. A sample of the finished products shall be checked, collected on the spot by the notified inspection body, and the appropriate tests shall be carried out on the applicable standard (s) referred to in point 2.3 or equivalent tests, in order to verify the conformity of production with the requirements of this Supplementary Technical Instruction. Where one or more copies of the controlled products do not meet those requirements, the notified control body shall take the necessary measures.

The manufacturer shall, under the responsibility of the notified control body, affix the identification symbol of the control body during the manufacturing process.

4. Module D: Quality assurance of production.

4.1 This module describes the procedure whereby the manufacturer complying with the obligations under point 4.2 ensures and declares that the explosives in question are in conformity with the type described in the EC examination certificate. " and comply with the requirements of the Explosives Regulation and Directive 95 /13/EC. The manufacturer shall affix the CE marking to each explosive and make a written declaration of conformity. The CE marking shall be accompanied by the identification symbol of the notified control body responsible for the surveillance referred to in point 4.4.

4.2 The manufacturer shall apply an approved production quality system, as well as carry out an inspection and testing of the finished appliances as specified in paragraph 4.3., shall be subject to the surveillance referred to in point 4.3. Point 4.4.

4.3 Quality System.

4.3.1 The manufacturer shall submit, for the appliances concerned, an application for the assessment of his quality system to a control body notified by the same choice.

This request will include:

-All relevant information according to the category of products in question.

-The documentation for the quality system.

-The technical documentation of the approved type and a copy of the "CE type" examination certificate.

4.3.2 The quality system shall ensure the conformity of the apparatus with the type described in the EC type-examination certificate and the requirements of the complementary technical instruction applicable to them.

All the elements, requirements and provisions adopted by the manufacturer shall be included in a documentation carried out in a systematic and orderly manner in the form of written measures, procedures and instructions. Such documentation of the quality system shall allow for a uniform interpretation of quality programmes, plans, manuals and dossiers.

In particular, it will include an appropriate description of:

The quality objectives, the organisation chart and the responsibilities of the management staff and their powers with regard to the quality of the explosives.

The manufacturing processes, quality assurance and control techniques, as well as the systematic techniques and actions to be applied.

The controls and tests performed before, during or after manufacture, with indication of the frequency with which they are performed.

Quality dossiers, such as inspection reports and test and calibration data, reports on the qualification of the personnel concerned, etc.

The means of surveillance to control the procurement of the necessary quality of explosives and the effective functioning of the quality system.

4.3.3 The notified control body shall evaluate the quality system to determine whether it meets the requirements specified in point 4.3.2, and shall of course comply with those requirements in the case of systems of quality to be applied by the relevant harmonised standard. The team of auditors shall have at least one member who has experience in the assessment of the technology of the product concerned. The assessment procedure shall include an inspection visit to the manufacturer's premises.

Your decision will be notified to the manufacturer. The notification shall include the conditions of the control and the reasoned assessment decision.

4.3.4 The manufacturer shall undertake to fulfil the obligations arising out of the quality system as approved and to maintain it in a manner that continues to be appropriate and effective.

The manufacturer or his authorised representative shall inform the notified control body which has approved the quality system, of any project of adaptation to it.

The notified control body shall assess the proposed amendments and decide whether the modified quality system meets the requirements referred to in point 4.3.2 or if a new assessment is necessary.

The body must notify the manufacturer of its decision. The notification shall include the findings of the control and the reasoned assessment decision.

4.4 Surveillance under the responsibility of the notified body of control.

4.4.1 The purpose of the surveillance is to verify that the manufacturer duly fulfils the obligations imposed on him by the approved quality system.

4.4.2 The manufacturer shall allow the entry of the notified control body in the factories, warehouses and inspection and testing facilities for inspection purposes and shall provide it with all the necessary information, in particular:

The documentation about the quality system.

Quality dossiers, such as inspection reports and data on tests and calibration, reports on the qualification of the staff concerned, etc.

4.4.3 The notified control body shall carry out periodic audits to ensure that the manufacturer maintains and applies the quality system and shall provide an audit report to the manufacturer.

4.4.4 Furthermore, the notified inspection body may carry out unannounced inspection visits to the manufacturer. In the course of such visits, the notified inspection body may carry out or carry out tests in order to verify, if deemed necessary, the proper functioning of the quality system; this body shall submit to the manufacturer a report of the inspection and, if any test has been carried out, a report of the same.

4.5 For a period of 10 years from the last date of manufacture of the product, the manufacturer shall keep at the disposal of the national authorities:

The documentation referred to in the second indent of paragraph 4.3.1.

The adaptations referred to in the second paragraph of point 4.3.4.

The decisions and reports of the notified body of control referred to in the last paragraph of point 4.3.4 and points 4.4.3 and 4.4.4.

4.6 Each notified control body shall communicate to the other notified control bodies the relevant information concerning the approvals of the quality systems issued and withdrawn.

5. Module E: Quality assurance of the product.

5.1 This module describes the procedure whereby the manufacturer who complies with the requirements of paragraph 5.2. ensures and declares that the explosives are in conformity with the type described in the EC type-examination certificate. The manufacturer shall affix the CE marking to each explosive and make a written declaration of conformity. The CE marking shall be accompanied by the identification symbol of the notified control body responsible for the surveillance referred to in point 5.4.

5.2 The manufacturer shall apply an approved quality system for the final inspection of explosives and tests, as provided for in paragraph 5.3, and shall be subject to the surveillance referred to in point 5.4.

5.3 Quality System:

5.3.1 The manufacturer shall, for explosives, submit an application for the assessment of his quality system to a notified control body, which he shall choose.

This request will include:

-All relevant information according to the category of explosives concerned.

-The documentation for the quality system.

-The technical documentation of the approved type and a copy of the "CE type" examination certificate.

5.3.2 In the framework of the quality system, each explosive shall be examined and appropriate tests shall be carried out in accordance with the relevant standards referred to in point 2.3 or equivalent tests, in order to ensure their conformity. with the relevant requirements of the Explosives Regulation and Directive 93 /15/EC. All the elements, requirements and provisions adopted by the manufacturer shall appear in a systematic and orderly documentation in the form of written measures, procedures and instructions. Such documentation of the quality system shall allow for a uniform interpretation of quality programmes, plans, manuals and quality records.

In particular, it will include an appropriate description of:

The quality objectives, the organization chart and the responsibilities of the management staff and their powers with regard to the quality of the products.

The controls and tests to be performed after manufacturing.

The means to verify the effective operation of the quality system.

Quality records, such as inspection reports and test and calibration data, reports on the qualification of the personnel concerned, etc.

5.3.3 The notified body of control shall evaluate the quality system to determine whether it meets the requirements specified in paragraph 5.3.2 and shall of course comply with those requirements in the case of systems of quality to be applied by the relevant harmonised standard.

The team of auditors shall have at least one member who has experience in the assessment of the technology of the product concerned. The assessment procedure shall include an inspection visit to the manufacturer's premises.

The decision will be notified to the manufacturer. The notification shall include the conditions of the control and the reasoned assessment decision.

5.3.4 The manufacturer shall undertake to fulfil the obligations arising out of the quality system as approved and to maintain it in a manner that continues to be appropriate and effective.

The manufacturer or his agent must inform the notified control body that has approved the quality system, of any project to adapt it.

The notified control body shall assess the proposed amendments and decide whether the modified quality system is still in line with the requirements referred to in paragraph 5.3.2 or if a new assessment is necessary.

The body must notify the manufacturer of its decision. The notification shall include the findings of the control and the reasoned assessment decision.

5.4 Surveillance under the responsibility of the notified body of control.

5.4.1 The aim of the surveillance is to ensure that the manufacturer duly fulfils the obligations imposed on him by the approved quality system.

5.4.2 The manufacturer shall allow the entry of the notified control body in the inspection and testing facilities and facilities for inspection purposes and shall provide it with all the necessary information, in particular:

The documentation about the quality system.

The technical documentation.

Quality dossiers, such as inspection reports and data on tests and calibration, reports on the qualification of the staff concerned, etc.

5.4.3 The notified control body shall carry out periodic audits to ensure that the manufacturer maintains and applies the quality system and shall provide an audit report to the manufacturer.

5.4.4 Furthermore, the notified inspection body may carry out unannounced inspection visits to the manufacturer. In the course of such visits, the notified inspection body may carry out or carry out tests in order to verify, if deemed necessary, the proper functioning of the quality system; it shall submit to the manufacturer a report of the inspection and, if a test had been carried out, the report of the test.

5.5 For a period of at least 10 years from the last date of manufacture of the product, the manufacturer shall keep at the disposal of the national authorities:

The documentation referred to in the third indent of paragraph 5.3.1.

The adaptations referred to in the second paragraph of paragraph 5.3.4..

The decisions and reports of the notified body of control referred to in the last paragraph of paragraph 5.3.4 and paragraphs 5.4.3 and 5.4.4.

5.6 Each notified control body shall communicate to the other notified control bodies the relevant information concerning the approvals of the quality systems issued or withdrawn.

6. Module F: Product verification.

6.1 This module describes the procedure whereby the manufacturer or his authorised representative established in the Community ensures and declares that the explosives which have been subjected to the provisions of point 6.3 are in conformity with the type described in the EC type-examination certificate and comply with the relevant requirements of the Explosives Regulation and Directive 93 /15/EC.

6.2 The manufacturer shall take the necessary measures to ensure that the manufacturing process ensures conformity of the explosives with the type described in the EC type-examination certificate and with the requirements of the present Complementary technical instruction. The CE marking shall be affixed to each explosive and shall make a declaration of conformity.

6.3 The notified control body shall carry out the relevant examinations and tests in order to verify the conformity of the explosive with the relevant requirements of the Directive by means of control and testing of each explosive device. as specified in point 6.4.

6.4 Verification by control and test of each device.

6.4.1 Each appliance shall be examined one by one and the appropriate tests as defined in the relevant standard or standards referred to in paragraph 2.3 above shall be carried out or equivalent tests shall be carried out to verify conformity with the device. type written in the EC type-examination certificate and with the requirements of this Directive which apply to them.

6.4.2 The notified control body shall examine the explosive and carry out appropriate tests as defined in the applicable standard or standards referred to in point 2.3, or equivalent tests to verify compliance with the requirements. applicable requirements.

6.4.3 The manufacturer or his agent must be able to present, if requested, the certificates of conformity of the notified body of control.

7. Module G: Unit verification.

7.1 This module describes the procedure by which the manufacturer ensures and declares that the explosives obtained by the certificate referred to in paragraph 7.2 comply with the relevant requirements of the Explosives and Directive 93 /15/EC. The manufacturer shall affix the CE marking to each explosive and make a declaration of conformity.

7.2 The notified body of control shall examine the explosive and carry out appropriate tests as defined in the applicable standard (s) referred to in point 2.3 or equivalent tests to verify compliance with the requirements. applicable requirements.

The notified control body shall affix or send its identification symbol to the approved explosive and issue a certificate of conformity for the tests carried out.

7.3 The technical documentation shall permit the assessment of the conformity of the explosive to the requirements of the Explosives Regulation and the understanding of its design, manufacture and operation.

To the extent that is required for evaluation, the documentation will include:

A general description of the type.

Design and manufacturing plans, as well as components, subassemblies, circuits, etc.

The descriptions and explanations necessary for the understanding of such plans and schemes and the operation of the protection apparatus or system.

A list of the standards referred to in point 2.3, whether or not they are fully applied, and a description of the solutions adopted to meet the essential requirements, when the rules of the point 2.3.

The results of the design calculations performed, the examinations performed, etc.

Test reports.

Supplementary technical instruction number 6

Control Body Notification Criteria

In accordance with the provisions of Article 6.2 of Council Directive 93 /15/EC of 5 April 1993 and in the development of Article 16.3 of the Explosives Regulation, the designation of a control body as notified, for the purposes of that Directive and Articles 15, 16.1 and 2 of the Explosives Regulation, and its inclusion in the general list of Community Notified Bodies, shall comply with Article 15 of Title III of Law 21/1992 and the following assessment criteria:

1. The body, its director and the staff responsible for carrying out the verification operations may not be the designer, the manufacturer, the supplier or the installer of the protective equipment and systems under control, or neither the president of any of these people. Neither directly nor as leaders, in the design, construction, marketing or maintenance of such explosives and protection systems, will be able to intervene. This does not preclude the possibility of an exchange of technical information between the builder and the body.

2. The body and the staff responsible for monitoring shall carry out the verification operations with the greatest professional integrity and the greatest technical competence, and shall be outside of any pressure and incitement, especially of type economic, which could influence their judgment or the results of their control, in particular those emanating from persons or groups of persons interested in the results of the verifications.

3. The body must have the necessary staff to perform the technical and administrative tasks relating to the execution of the verifications in a proper manner and must have the necessary means to do so; it must also have access to the material or groups of persons interested in the results of an exceptional nature.

4. The staff responsible for the checks must have:

-Good technical and professional training.

-A satisfactory knowledge of the requirements regarding the controls you carry out and a sufficient practical experience of such controls.

-The aptitude required to write the certificates, minutes, and reports in which the controls are carried out.

5. The independence of the staff responsible for monitoring must be ensured. The remuneration of the staff shall not be based on the number of checks carried out or on the results of the staff.

6. The body shall take out civil liability insurance.

7. The staff of the body shall keep the professional secrecy, except in respect of the competent administrative authorities.

Supplementary Technical Instruction number 7

Cataloging of explosive or pyrotechnic raw materials

The materials or products which are not intended for direct placing on the market, but as components or raw materials of certain explosives or pyrotechnic devices, are not intended for their direct placing on the market. be regulated in accordance with Article 26 of the Explosives Regulation.

However, on the one hand, they are explicitly outside the CE marking imposed by Council Directive 93 /15/EEC of 5 April 1995 and, on the other hand, they represent distinguishing features with regard to explosives. intended for their direct placing on the market.

Therefore, and in accordance with Article 1.5 of that Directive, it is appropriate to regulate in particular the cataloguing of these substances and objects:

1. In the case of explosive initiators or explosive species (Article 12 (1.1) and (1) (1) of the Explosives Regulation), their cataloguing shall be conditional upon the presentation of a manufacturer's certification stating that their characteristics are in accordance with national legislation or, in their absence, universally accepted international regulations.

After its cataloging, the Ministry of Industry and Energy may order, at the expense of the applicant, the relevant analyses or tests to check that certification.

2. In the case of other substances or objects, to which the previous paragraph does not apply, their cataloguing shall be conditional upon the tests, applicable to the final product, previously catalogued to which they are to be carried out. incorporated, which may be modified by such explosive raw materials.

3. In addition, the provisions of Chapter III of Title I of the Explosives Regulation shall apply to these matters and objects.

Supplementary technical instruction number 8

Cataloging pyrotechnics

Under Article 25 of the Explosives Regulation, the cataloguing of fireworks, as defined in Chapter IV of Title I of that Regulation, shall be subject to the following rules:

1. The catalogue of fireworks, the third book of the catalogue of explosives, cardboard and fireworks, which functions as an administrative register under the Ministry of Industry and Energy, as provided for in Article 27 of the Explosives Regulation, will be located in the General Directorate of Mines, Ministry of Industry and Energy.

The classification of pyrotechnics will be done by the typing described in Article 23 of the Explosives Regulation.

2. The manufacturer or importer shall, by writing to the Directorate-General of Mines, request the classification and cataloguing of the artists concerned and their subsequent inclusion in the "Official Catalogue of Explosives, Cartucheria and Artistes". Pyrotechnics '.

3. The manufacturer or importer of a pyrotechnic artifice shall present the following information and documentation at the General Directorate of Mines, together with the application referred to in paragraph 2:

a) Name of the manufacturer or importer, with the data of his personal, industrial or factory identification.

b) Identification of the factory or workshop where the artifice will occur.

c) Class in which you intend to include it and denomination of the artifice. Annex I.

d) Product scale drawing and cutting of the product. Annex I.

e) Qualitative composition and weight of the substances that integrate it. Annex II.

f) Data from the identification and place labels where they will be placed according to the class they want to be cataloged. Annex III

g) A brief description of the form of their use and effects as well as the security measures necessary for their use. Annex III

(h) Documentation concerning the conduct of the tests necessary for the cataloging and classification, carried out by an accredited test laboratory, with the expression of the results of the tests and the resulting proposals.

4. In the light of the documentation submitted, the Directorate-General for Mines shall include the pyrotechnic artifice in the "Official Catalogue of Explosives, Cartuchery and Pyrotechnic Artifacts", assigning the corresponding indicative number of its cataloging, and thus notifying the data subject.

In the event that the inclusion and cataloging of the pyrotechnic artifice in the requested class is not justified, the Directorate General of Mines shall notify the petitioner of the refusal of its application, indicating the reasons for such refusal.

5. In the case of cataloging pyrotechnics of the same series which are equivalent, but of different sizes and/or loads, and that there is no presumed variation of class in which they are to be classified, for the whole of the A representative set of the series may be chosen in accordance with the technical specifications. Annex IV.

The cataloging of a pyrotechnic artifice for a given colour or colours shall include the cataloging of all the artifices which are identical to the first, even if they are of different colours, provided they are indicated and specify, in the corresponding application, the possible replacement colors in the initial artifice.

6. In the case of national-made pyrotechnics, the manufacturer of a listed product shall at all times be responsible for the correspondence between the products he manufactures and the reference prototype classified and catalogued in his day.

In the case of the importance of pyrotechnic devices, the responsibility indicated in the preceding paragraph shall be assumed by the importer of that artifice.

For security reasons, the Ministry of Industry and Energy may require verification that the devices correspond to the classification and cataloging provided.

7. The numbering which is attributed to the pyrotechnic artifice in the official catalogue shall consist of six groups of numbers and letters with the following significance:

First group: Five digits, which will indicate the correlative number of order.

Second group: A number, from I to VIII, which will classify the pyrotechnic artifice according to the classification made by the Explosives Regulation, in its article 23.

Third group: Seven digits, which will indicate the registration number in the manufacturer's or importer's Industrial Registry.

Fourth Group: Single digit, indicating:

I. Manufactured in Spain.

O. Import product.

Fifth Group: Four-digit Composite, which shall indicate the number awarded to the pyrotechnic artifice in the recommendations prepared by the United Nations Committee of Experts on the Transport of Dangerous Goods (UN Number).

Sixth Group: Two-number composite and one letter, indicating the classification of the pyrotechnic artifice according to Article 13 of the Explosives Regulation.

8. For the purposes of the cataloging provided for in the Explosives Regulation, technical standards are considered to be those under the technical specifications listed in Annex IV.

The tests and criteria of the recommendations concerning the transport of dangerous goods prepared by the United Nations Committee of Experts shall be considered as supplementary technical requirements, if there is no or insufficient national equivalents.

9. Any pyrotechnic artifice shall comply, unless otherwise expressly stated in the cataloguing resolution, the following general conditions:

1. It is designed in such a way that, for its usual use, in accordance with the manufacturer's instructions, its handling has due security guarantees. Compliance with this condition shall be verified in accordance with the test methods of the first technical specification set out in Annex IV.

2. The design of the device itself, or of its packaging or packaging, provides sufficient guarantees that its normal transport or handling does not affect the safety of such transport or its use. Compliance with this condition shall be verified in accordance with the test methods of the second technical specification set out in Annex IV.

3. That the system of initiation of the artifice is easily identifiable and the point of initiation of the same clearly perceptible. Such initiation point shall be protected against the unforeseen initiation, by appropriate packaging, when the artifices are placed on the market in their minimum unit of packaging; or by the constructive design of the artifice itself, when market in bulk.

4. That, whenever they are properly initiated, they do not project, where appropriate, fragments that may constitute a notorious risk to persons or things. Compliance with this condition shall be verified in accordance with the test methods of the third technical specification set out in Annex IV.

10. In addition, pyrotechnic or explosive mixtures forming part of a pyrotechnic article shall comply with the following general conditions:

1. No can be self-flammable and must be heat-stable. Compliance with these conditions shall be verified in accordance with the test methods of the fourth technical specification set out in Annex IV.

2. If a pyrotechnic artifice contains a variety of pyrotechnic or explosive mixtures, the components of such mixtures may not react to each other, in the sense of causing self-inflammation, or lead to an increase in risk. Compliance with these conditions shall be verified in accordance with the test methods of the fourth technical specification set out in Annex IV.

3. The pyrotechnic mixtures may not contain:

Ammonium salts or amines, together with chlorates.

Metal or metal sulphides, together with chlorates.

Sulphur, with free acidity or more than 0,1 per 100 of combustible impurities.

White Phosphorus, with the exception of classes V and VI.

Potassium chloride with a content in bromoates greater than 0,1 per 100.

To all intents and purposes, the validity of the Orders of the Ministry of the Interior of 12 March 1963 and of 3 October 1973 is maintained.

11. For inclusion in classes I, II and III of the current Explosives Regulation, a pyrotechnic artifice shall, in addition to the general rules specified in paragraphs 9 and 10 of this ITC, comply with the following specific conditions:

a) Be included in the Supplementary Technical Instruction number 23 of the Explosives Regulation according to the relationships and classification criteria that relate to it.

(b) In baits or pistons, the weight of explosive mixtures, when containing chlorate or perchlorates, shall not exceed 20 milligrams. They shall also not contain mercury or its salts and the ratio of red phosphorus to 10 per 100 of the total weight shall be limited.

c) The delay time in the initiation, when the initiation is performed by flame or friction, shall be between two and twelve seconds. Compliance with this condition shall be verified in accordance with the test methods of the fourth technical specification set out in Annex IV.

(d) In the detonating pyrotechnic devices, the thickness of the wall of the envelope of the explosive mixture shall not exceed, in the case of paper, the 3,5 millimetres. In the case of plastic wrap or unwrapped paper, the risks shall not be higher than those in the equivalent wrapping paper.

12. Class IV includes all other manufactured of recreational pyrotechnics to be used exclusively by personnel belonging to a properly legalized pyrotechnics workshop. In addition, class IV devices must satisfy the following condition:

Artides or detonating objects that explode at ground or at a height of less than 25 meters must not release fragments or components more than 20 meters from the site of their disintegration. In any case, pyrotechnic articles containing an artifice must not be thrown in such a way that their residues descend into burning or incandescent soil. Exceptions to this latter condition may be permitted provided that appropriate precautions are taken to prevent any damage to persons or property, which must be stated in the mandatory authorisation.

13. The pyrotechnic devices of Class V, intended for agricultural, forestry and meteorological purposes, comprise smoke or noise products, anti-hail rockets and others for the purpose of rain, fire or fire research. atmosphere.

In addition to the general conditions referred to in paragraphs 9 and 10 of this Complementary Technical Instruction, the combustion times shall be, in the mixtures fumigated, greater than one minute per 1,000 grams of mixture and is, for each unit, shall not exceed 15 kilograms of weight.

14. For inclusion in class VI for use in railways, land and air transport, and VII for use by the Navy, an industrial pyrotechnic article shall comply, in addition to the general rules specified in paragraphs 9 and 10 of this Supplementary Technical Instruction and of the particulars listed in Annex IV, the following condition: No hazardous fragments shall be screened in the event of a fortuitous explosion.

15. Pyrotechnic articles of Class VIII, intended for special effects of theatrical, cinematographic and similar spectacles, shall comply with the general conditions of paragraphs 9 and 10 of this Supplementary Technical Instruction.

16. The General Directorate of Mines of the Ministry of Industry and Energy may exempt certain cases, at the request of an interested party and in general, from the fulfilment of any of the conditions set out in paragraphs 9 to 16 of this Article. Complementary Technical Instruction, as well as imposing, when the circumstances of use advise, the observance of additional conditions.

17. The interested parties will have two years to request the Directorate General of Mines, the Ministry of Industry and Energy, the adequacy of the resolutions of cataloguing the fireworks, catalogued before the the entry into force of this Supplementary Technical Instruction, to the rules laid down in it. After that time limit, the current classification decisions shall be deemed to have expired without having been requested.

ANNEX I

Graphic Schema Model of a artifice to Sort

ANNEX II

Print model on the composition of an artifice to be classified

ANNEX III

Print model on the composition of an artifice to be classified

ANNEX IV

Technical specifications

Products from EEC Member States which comply with national safety standards which concern them or other countries with which an agreement exists in this respect, and provided that they represent a level of public security or the protection of the health and life of the persons or animals recognised equivalent to that held by the relevant Spanish technical rules, if they are accompanied, at the time of their first marketing on the Spanish market, of a certificate issued by the competent Directorate-General of the Ministry of Industry and Energy in which compliance with the above is acknowledged.

The Ministry of Industry and Energy must accept that the certificates, marks according to standards and testing protocols referred to in this provision, are issued by an Inspection and Control Entity or Body of standardisation and certification or laboratory officially recognised in another Member State of the EEC, provided that they offer professional technical guarantees equivalent to those required by Spanish legislation.

First. Standard for determining the safety of handling of fireworks. -This test is intended to check the proper functioning of pyrotechnic devices when they are activated following the instructions for use which indicates the manufacturer.

The test shall be performed as a general rule with a minimum of ten samples. However, the number of samples may be reduced when this does not substantially affect the accuracy of the tests. The performance of the samples shall be carried out in such a way that the samples work according to the intended effect.

To define the test result, the following criteria will be considered:

1. In handling, after and necessary in accordance with the instructions for use, the devices must not be released or loosened, neither the pyrotechnic charges nor the elements of initiation.

2. The initiation protection devices should, where appropriate, be able to be detached by hand, without having to use any tool.

3. There should be no failures in initiation. The induced initiation should be in accordance with the intended operation.

4. They must not detonate, when this is not foreseen in its operation.

5. In their outdoor employment, they must be stable to wind action. To check, they will be placed in their position of employment on a concrete plate and will be subjected to the effect of a progressive air stream. The test, which shall be carried out on five samples, shall be considered positive when the artifice does not yield to an air current of 4,5 metres/second.

Second. Standard for the determination of the resistance to the transport of fireworks. -This test is intended to verify that the requests for normal transport do not affect the safety of the operation of fireworks, and do not produce an increase in the risk level of the same.

The test is performed using the smallest original package. The devices are placed in a windpipe machine and are subjected to mechanical requests for a period of two hours. The machine must develop a frequency of one stroke per second and an acceleration of 450 meters/second when the vibration is 300 cycles per minute and 30 millimeters of amplitude.

The test shall be considered positive when no alterations or deterioration of the objects are produced, nor are the pyrotechnic mixing slides observed. The operation of the device after the test (checked in accordance with the first technical specification) shall not differ substantially from that of a non-tracheto artifice.

Note: elongation and cycles can be varied in such a way as to closely resemble transport conditions.

Third. Standard for determining the extent of the dispersion of shrapnel from pyrotechnic devices. -This test is intended to verify that the detonating pyrotechnic devices do not result in the projection of shrapnel or dangerous elements into a excessive distance.

The test is performed on a maximum of ten devices. On a horizontal and clear ground, it is drawn, around a central point characterized, a circumference of 8 meters of radius. At the centre of the circumference, the artifices are initiated individually to be tested in their normal position of use. Those devices which, according to their employment instructions, must not be started on the ground, shall be placed above the central point on the appropriate supports and at the prescribed height.

For the test to be positive, dangerous shrapnel must not be dispersed on the outside of the 8-meter circle, previously cited.

In the case of double-impact directed devices, in addition to 3 meters of height above the ground, a horizontal plate with a circular hole of 80 centimeters in diameter, such that the center of the hole is located vertically above the point of initiation. The artifice to be tested, initiated double impact, must be disarticulated, after having passed through the plate, beyond 2 meters above it.

Fourth. Standard for determining the stability in the heat of fireworks. -This test is intended to check that pyrotechnic or detonating mixtures, which form an integral part of pyrotechnic devices, do not show, by part, tendency to self-inflammation, and on the other hand, they are both in themselves and integrating fireworks, resistant to high temperatures.

The test is performed by maintaining, first, the mixture, which depending on its composition may be between 1 and 10 grams of weight, at 75 degrees Celsius for forty-eight hours, first in a glass of Open test and then in a closed test cup. In order for the test to be positive, no explosion or swelling, no yellowing or appreciable loss of mass, except for moisture shall occur.

Secondly, it keeps the mix, and three artifices containing it, at 50 degrees Celsius for four weeks. The test shall be positive when substantial mass loss does not occur. The tested pyrotechnic devices shall comply with the performance test, carried out in accordance with the first technical specification.

Fifth. Standard for determining the duration of the time of initiation of pyrotechnic devices. The test shall be performed with the aid of a timer of a minimum precision of tenth of a second.

A minimum of ten samples, initiated according to their instructions for use, will be checked. The wind speed shall not exceed 4,5 metres/second.

The test will be considered positive if the value of the ten measurements is between two and twelve seconds.

Additional technical instruction number 9

Basic rules for the application for an authorization to establish, transfer or substantially modify an explosives factory

Under Articles 33 to 35 of the Explosives Regulation, applications for authorization for the establishment, transfer or substantial modification of an explosives factory must be accompanied by a project in the at least reference is made, where appropriate, to the following:

1. Memory:

1.1 General considerations.

Identification of persons, natural or legal persons, applicants and their legal representatives, indicating the composition of the management body and the paid social capital, as well as the means provided for the financing of the project, specifically pointing out the participation of foreign capital and accompanying, in this case, the mandatory authorization of the Council of Ministers, according to Royal Decree 671/1992, on Foreign Investments in Spain.

Technical capacity available to the applicant, detailing the technologies-of public domain, of own development, acquired (attaching, in this case, the corresponding agreement of technology transfer), etc.-and the staff entitled-manager and technician-with which account is taken for project development.

Justification for the necessity or convenience for the whole of the industry and the national economy of the new installations projected in reason of their location, to the placing on the market of new products, to the renovation technology, etc.

Location of land where, where appropriate, the project is intended to be developed, in sufficient detail to facilitate the location of the project, and the justification of the possession rights held on those grounds land.

1.2 Project Scope.

Material or explosive objects to be manufactured, indicating their classification, in accordance with Articles 12 and 13 of the Explosives Regulation, and of their cataloguing number, if any, or, failing that, that they are It shall apply-in accordance with Chapter V of Title I of that Regulation-without starting production until such cataloguing is granted.

Maximum projected production capacity and annual actual production expected, indicating the working arrangements required for them.

Overview of projected installations, with specific reference to the storage of raw materials, intermediate products, and finished products.

Accident Prevention Plan and Safety Report, if applicable, in accordance with Supplementary Technical Instruction Number 10 and other implementing rules and directives.

1.3 Process description.

Description of the projected manufacturing process or processes, in sufficient detail to enable the intervention and inspection provided for in Chapter V of Title II of the Explosives Regulation.

Relation of the raw materials to be used in the production and intended consumption of the raw materials, in particular when the raw materials correspond to explosive materials or objects.

Specific security measures projected in the process or processes and control plans expected in this respect.

Plan of assurance of the intended quality, with specific detail if it is intended to equip the products manufactured from the CE marking.

1.4 Installation description.

Description of the buildings, machinery and equipment constituting the planned installations, in detail of the planned implementation and signalling of the hazardous areas, buildings and premises, indicating the maximum quantities of the subject matter and regulated objects provided for therein, in order to comply with Article 51 of the Explosives Regulation.

Constructive characteristics of the floors, walls, doors, and windows of hazardous buildings and buildings.

Detail of the disposition of the intended defenses and the constructive characteristics of the defenses.

1.5 Civil work.

Technical characteristics of the work, with description of the structure of the buildings, the urbanization and the fencing.

1.6 Services.

All services that are part of the project will be detailed, such as:

Electrical equipment installed, indicating its degree of protection according to the classification of the area, building or local.

Installing power and dynamic lands.

Steam and compressed air network.

Installation of heating and environmental ventilation.

Process water and fire water network, indicating the peculiarities of their capture.

Natural gas network.

Protection rods, indicating the protection area of the intended lightning rods.

Summary of the electrical power actually installed, for the update, in its day, of the corresponding industrial record.

1.7 Environmental performance.

Analysis of the environmental impact of the project, including:

Quantity and composition of waste and emissions (solid, liquid, gaseous, sound, calorific, etc.) associated with the process.

Quantifying aspects of the environment, including land use, landscape impact, and interrelation with other factors.

Environmental monitoring programme to regularly assess the project's effects on the environment of the environment.

2. Drawings:

Factory situation plane, at maximum scale 1:50,000, with indication of access, connection to the power grid, etc.

Site plan, including boundary land within a minimum radius of 3 kilometers, with reference to the precise data to determine the area of influence in relation to Article 43 of the Explosives Regulation.

Site location plans in the factory assembly.

Drawings of detail of process schemes, civil work, installation of equipment and machinery, electrical installation, fire, etc.

3. Budget:

Detailed budget for all the necessary work, including equipment acquisition, assemblies and disassemblies, civil work, building construction, installation of services, etc.

4. Regulation:

Regardless of compliance with the provisions of the Explosives Regulation and other applicable regulations, special attention will be paid to the provision of:

Low Tension Electrotechnical Regulation.

Basic building rules.

Instructions for the project and execution of works in reinforced concrete or mass.

Instructions for the project and execution of single-directional reinforced or prestressed concrete forges.

Instructions for the project and execution of prestressed concrete works, approved by Royal Decree 2608/1996, of December 20.

Strong earthquake building rules: general part and building.

General Ordinance on Safety and Hygiene at Work, approved by Ministerial Order of 9 March 1971.

Pressure apparatus regulation.

Safety regulations for plants and refrigeration facilities.

Basic standards for gas installations.

Complementary Technical Instructions MIE-APQ-001 "Storage of flammable liquids and fuels", and MIE-APQ-006, "Storage of corrosive liquids", of the Chemical Storage Regulation.

Minimum safety and health provisions in workplaces approved by Royal Decree 486/1997 of 14 April.

Minimum provisions on signage and health at work, approved by Royal Decree 485/1997 of 14 April.

Minimum safety and health requirements for the use by workers of work equipment, approved by Royal Decree 1215/1997, of July 18.

Supplementary technical instruction number 10

Prevention of severe accidents

1) This additional technical instruction, in the development of Articles 33 and 34 of the Explosives Regulation, is intended to prevent accidents involving explosive substances, as well as the prevention of limitation of their impact on people and the environment.

2. Its provisions shall apply to the factories and deposits of explosives in which a major accident may arise-understanding as such a fact (such as an important emission, fire or explosion) resulting from a process not controlled during the operation of any set of explosives-posing a considerable danger, whether immediate or deferred, to persons and/or the environment, inside or outside the establishment, and in which one or more several explosive substances.

3) The holder of a factory or an explosive depot is obliged to take all necessary measures to prevent serious accidents and limit their consequences for people and the environment.

4) 1. In particular, this supplementary technical instruction shall apply where the maximum quantities which are present, or may be, in the establishment at a given time exceed the following thresholds:

Substance

Threshold (tons)
I	II
1. Ammonium nitrate(1)	350	2,500
2. Explosives(2)	50	200
3. Starter explosives(3)	10	50

(1) Ammonium Nitrate "explosive grade", as defined in Royal Decree 2492/1983 of 29 June, regulating the administrative intervention of the State on ammonium nitrate "explosive grade".

(2) Includes explosives (classes 1.1 and 1.5) and gunpowder (class 1.3) and the contents thereof in explosive objects.

(3) Corresponding to Class 1.1 A.

2. Where several of the substances listed above are considered to be exceeded in a factory or warehouse, the thresholds shall be considered to be exceeded and the requirements of this technical specification shall therefore apply. Yes:

1	+	q2	+	q3	≥ 1
Q		2		Q

being

q_x: present amount of the substance x.

Q_x: threshold I or II of the substance x.

3. Stocks of nitrate or explosives in isolated quantities equal to or less than 2 per 100 of the threshold quantities shall not be taken into account.

5) Where threshold I is exceeded, the competent authority shall require the holders of a factory or deposit to draw up a document defining its policy for the prevention of serious accidents and, in particular, a system of management and related procedures. The document should address the following aspects:

(a) Global goals, guidance and specific objectives in relation to the control of major accidents.

(b) Principles and criteria on which the measures taken to prevent and address serious accidents are based.

c) Identification of the hazards of a major accident.

(d) Measures deemed necessary to prevent major accidents.

(e) Measures deemed necessary to limit the consequences of serious accidents on man and the environment.

(f) Organization and procedures necessary for the implementation and management of the policy for the prevention of serious accidents, as well as the designation of personnel with appropriate qualifications and training;

g) Program for application, effectiveness assessment, and introduction of improvements;

(h) Periodic review of the policy for the prevention of serious accidents and the management system by the principal officials of the establishment, in order to verify their effectiveness with respect to the rules relevant.

6) 1. In the case of exceeding threshold II, the competent authority shall require the holders of factories or explosives depots to submit a safety report for the purpose of:

(a) Demonstrate the implementation of the serious accident prevention policy and the management systems and related procedures, as specified in the case of threshold I.

b) Prove that the design, construction and, where appropriate, the abandonment of the factory or depot satisfy the safety and reliability requirements.

c) Prove that the operating and maintenance conditions of the factory or warehouse are safe.

d) Precise the requirements and operational limits of the establishment with regard to technical, organisational and management measures aimed at preventing major accidents.

e) Ensure that security is maintained at a constant level through periodic reviews.

f) Ensure emergency preparedness and appropriate action in the event of a major accident.

g) Provide sufficient information to the competent authorities to enable them to make decisions on the location and occupation of the land in respect of the new establishments and on the extension of the existing establishments.

2. The security report, as an integral part of the establishment security management system, shall contain the following data and information:

1. Information about the establishment, namely:

a) Geographical location of the establishment and prevailing weather conditions, as well as sources of danger arising from its location.

(b) Maximum number of persons working in the establishment and, in particular, persons exposed to the risk of serious accidents, as well as an indication of the maximum number of persons who may be present in the establishment at a given time.

c) Overview of the technological processes for each installation.

d) Description of the sections of the establishment which are important from the point of view of safety, sources of danger and circumstances in which a major accident may occur, together with a description of the intended preventive measures.

2. Information relating to the dangerous substances of each installation or warehouse or present in any other part of the establishment and which may create a risk of serious accident:

(a) Composition of the dangerous substances present in important quantities, including their chemical name, the CAS number, their name in accordance with the IUPAC nomenclature, other names, the empirical formula, their degree of purity and the main impurities with their relative percentages.

b) Quantity (order of magnitude) of the hazardous substance or substances present.

(c) Methods and precautions established by the operator in relation to handling, storage and fire.

d) Methods available to the operator to make the substance harmless.

e) Indication of risks, both immediate and deferred, for man and the environment.

f) Physical or chemical behavior under normal conditions of use during processing.

g) Forms in which substances may be presented or in which substances may be processed in the event of foreseeable abnormal circumstances.

3. Installation or warehouse information:

(a) methods of detection and determination of the establishment, including a description of the methods used or the references in the scientific literature.

(b) The stage of the installation in which the substances are involved or may be involved;

(c) Where appropriate, other dangerous substances whose presence may have an effect on the potential hazard of the installation;

(d) Provisions adopted to ensure that the technical means necessary for the safe operation of the facilities or warehouses are available at all times and to resolve any breakdown that may arise.

4. Information regarding possible serious accidents:

(a) Detailed enumeration of major possible major accident situations, taking into account any sympathy effects that may affect facilities, warehouses or adjacent establishments and valuation, in terms of general, of the probability that this will occur, taking into consideration the preventive and palliative measures taken.

b) Description of events that may be decisive in order to foster each of these possible situations and assess the extent and severity of the consequences.

c) Urgent measures established by the operator in case of accidental dispersion, including the external emergency plan.

5. Information on the management system and the organisation of the establishment, in so far as it affects the prevention of serious accidents, the preparation and the response to them:

a) A summary of the serious accident prevention policy applied by the holders.

(b) Summary of the organisational structure to achieve the purposes and objectives of the major accident prevention policy, including the position and names of persons to whom outstanding responsibilities and their responsibilities are concerned corresponding functions.

(c) Management systems used to control, verify and review the content and implementation of the serious accident prevention policy, including safety performance assessment.

d) Analysis of the training needs of the persons responsible for the implementation and supervision of the policy for the prevention of serious accidents.

e) Summary of critical safety procedures, including an assessment of potential human errors, for the operation, maintenance and preparedness for existing emergencies in the establishment and in the facilities or warehouses.

f) Security procedures adopted to plan modifications to existing installations or storage, or the design of a new facility or warehouse.

g) Participation of staff, including any contractors, in the policy of prevention of serious accidents, their implementation and evaluation.

h) Internal system used to report accidents or hazardous events, especially those in which protection measures fail, their research and monitoring.

7. Before the operation of a factory or an explosive depot, the competent authority shall address its holder in writing, indicating that it considers the report to be satisfactory, or to request further information, must be submitted within three months or prohibit entry into operation. Where the competent authority requests further information, the conclusions of its analysis of the report shall be communicated to the holder within six months of the submission of the requested information.

8) In the case of substantial modification of a factory or warehouse, the competent authority shall ensure that the holder:

Review and, where appropriate, modify the policy for the prevention of serious accidents, as well as the management systems and procedures referred to in paragraph 1 of the article.

Review and, if appropriate, modify the security report and report in detail to the competent authority of those modifications before proceeding to them.

9) In any case, the safety report shall be reviewed and, if appropriate, regularly updated as follows:

At least every five years.

Whenever so requested by the competent authority.

At any time, to take into account, where appropriate, technical innovations in the field of safety and the development of knowledge related to the assessment of hazards.

10) In the case of existing factories or depots, this Technical Specification shall be fully applicable within 12 months of the date of publication of this Regulation.

11) The competent authority shall ensure that all the holders demonstrate, at any time, and in particular for the purposes of the checks and inspections referred to in Chapter V of Title II of this Regulation, that they have taken all necessary measures provided for in this Supplementary Technical Instruction.

12) 1. In the case of factories or tanks falling under threshold II, the operator must also draw up an emergency plan, the approval of which by the competent authority must be prior to the entry into operation of the installation, in order to:

Contain and control incidents so that their effects are reduced to a minimum, as well as limiting harm to people and the environment.

Apply the necessary measures to protect people and the environment from the effects of serious accidents.

Communicate relevant information to the population and other interested services or authorities in the area,

Provide for the reconstitution of the environment and the cleaning of the site after a major accident.

2. This emergency plan must contain:

(a) Names and posts of persons authorised to put in place emergency procedures and person responsible for coordinating the evacuation measures of the establishment.

b) Name and post of the person responsible for coordination with the authority responsible for the external emergency plan.

(c) In each circumstance or event which may lead to a serious accident, a description of the measures to be taken to control the circumstance or event and to limit its consequences, including description of the security equipment and available resources.

(d) Measures to limit the risks to persons on the spot, including how to raise alarms and the measures expected to be taken by people once the warning is received.

e) Measures to give a quick warning of the incident to the authority responsible for implementing the external emergency plan, the type of information to be collected by an initial alert and measures to provide more information detailed as it becomes available.

(f) Personnel training measures in the tasks expected to be fulfilled and, where appropriate, coordination with the external emergency services.

g) Measures to assist external palliative operations.

Supplementary technical instruction number 11

Design and placement rules for factories, workshops, and depots

In development as provided for in Titles II, III and V of the Explosives Regulation, this complementary technical instruction develops the standards to be taken into account in the installation, modification or transfer of the factories (i) explosives, cartchery loading workshops and pyrotechnics and the deposits of regulated materials, both in terms of distance from outside to be observed on their site and the distances to be kept in the location of the buildings constituting such factories, workshops and warehouses.

1. Site of factories and workshops.

The minimum distances to be observed at the site of the factories, workshops and warehouses, with respect to their surroundings, will be calculated, in each case, according to the following formulas:

Risk Division

About population cores or people agglomeration	Regarding communication paths or tourist places	Regarding isolated housing and other roads and rail
1.1 and 1.5	D = 34.3Q.	D = 27.3	D = 20.3
	1.2 (1)	D = 58.6Q (3)	D = 58.6Q (3)	D = 39.6Q (5)
(2)	D = 76.6Q (4)	D = 76.6Q (4)	D = 51.6Q (5)
1.3	D = 6.3Q (5)	D = 6.3(5)	D = 4.3(6)
	1.4 and 1.6
(7)	(7)	(7)

(1) Materials and objects that in case of explosion do not cause heavy shrapnel.

(2) Heavy measure, due to the possible presence of caliber projectiles greater than 60 millimeters.

(3) Minimum distance 90 meters.

(4) Minimum distance 135 meters.

(5) Minimum distance 60 meters.

(6) Minimum distance 40 meters.

(7) Minimum distance 25 meters, except for special storage of those provided for in Chapter V of Title V.

Where:

Q: is the maximum net amount of regulated matter, which may be in a dangerous building or local or the maximum capacity of the powder unit, in kilograms.

D: is the distance to watch, in meters.

"means of communication" means public railway lines and motorways, motorways and roads with a movement exceeding 2,000 vehicles/day.

Other roads and railway lines shall be understood, not included in the previous case, except roads with a movement of less than 100 vehicles/day.

Isolated dwellings shall mean those that are permanently inhabited and do not constitute a population core.

The measurements shall be made from the interior parts of the buildings in which the regulated substances are handled or stored.

Distances can be halved when natural or artificial defenses exist.

When there are several buildings or polyvorines within the same enclosure, the applicable distances shall be those corresponding to the building or powder keg which requires the greatest distances, provided that the separation between the buildings or polvorines comply with the provisions of paragraph 2 of this JTI and that, on those distances, the other buildings are included.

2. Distances between buildings or hazardous premises.

The minimum distances to be observed at the site of the hazardous buildings or premises of the factories and workshops, in view of the constructive characteristics of the factories and the quantity and division of risk of the explosive material existing in the donor building or site as defined in Articles 50 and 51.2 of the Explosives Regulation shall be calculated using the formula:

D = K ³Q.

In which:

D: is the distance between buildings or premises, in meters.

Q: is the net amount of regulated matter normally contained in each building or local giver, in kilograms.

K: is a coefficient according to the following tables:

(1) The minimum thickness of the coating shall be one meter.

(2) The minimum thickness of the cover or wall shall be that corresponding to 25 cm. of reinforced concrete or other equivalent strength structure.

(3) See Supplementary Technical Instruction number 13.

* No distance regulation.

(1) Stop with an RF-60 fire resistance, according to UNE 23093.

(2) Stop with an RF-30 fire resistance, according to UNE 23093.

(3) It is a weakened, low-resistance panel or zone.

Risk Divisions 1.4 and 1.6:

The minimum distance between buildings or premises will be 5 meters if the walls are reinforced concrete or equivalent resistance structure, or 10 meters if it is light walls.

3. Separation between boundary polvorines.

The distance between surface and semi-buried polvorines on the border will be calculated using the formula:

D = K ³Q.

In which:

D: is the distance between the interior parameters of the border polvorines, in meters.

Q: is the maximum net regulated capacity of the largest powder keg of the two considered, in kilograms.

K: is a coefficient according to the following tables:

(1) Unsupported disposition.

(2) For the determination of the distances to the front wall, the area determined by an angle of 60 ° shall be considered, the bisector of which matches the axle of the powder keg and the origin of which is situated on the front wall.

(1) No distance regulation.

(2) In the case of heavy shrapnel, from ammunition exceeding 60 mm, the distance shall be increased by 50 per 100.

(1) No distance regulation.

(2) Minimum distance, 15 m.

(3) Minimum distance, 20 m.

Risk Divisions 1.4 and 1.6.

Minimum distance between polvorines 10 meters.

By using a RF-60 fire resistant wall, according to UNE 23093 or similar structure, the distance can be reduced by half.

Supplementary Technical Instruction number 12

Basic rules for the closure plans of explosives factories

Under the development of Article 42 of the Explosives Regulation, which provides for the obligation to include, in the notification to the Ministry of Industry and Energy the total cessation of operations of an explosives factory, a plan to close it, and considering Article 45 of the Spanish Constitution, which establishes as one of the guiding principles of social and economic policy the right of all to enjoy a suitable environment for development of the person, as well as the duty to preserve it, the present Technical Instruction The aforementioned Explosives Regulation sets out the minimum considerations to be taken into account in the wording of the above closure plan:

1. Prior to the abandonment of the plant, and before the dismantling and dismantling of the plant, all raw materials, finished and intermediate products and regulated waste shall be removed, and must be destroyed or deactivating or sending it to authorized center.

2. Prior to the closure of the plant, the machinery and equipment used in the manufacture of explosives must be removed from their site, or be cancelled or unused.

3. Also, before such closure, the supplies of electrical energy, water and other auxiliary services shall be disconnected, in such a way that the production tasks cannot be restarted, except for the express permission of the Government Delegate corresponding.

4. With regard to non-explosive waste materials which may exist in the facilities to be closed, both those comparable to urban solid waste (RSU) and industrial waste, the head of the closure of the centre of work must comply with the provisions of Royal Decree 833/1988 and other relevant provisions. Waste of a toxic or hazardous nature must be delivered to an authorised waste manager.

5. All waste materials which could give rise to atmospheric emissions of vapours or gases, specifically mentioned in Royal Decree 833/1975 on air pollution and other concordant provisions, will be withdrawn with prior to the closure of the factory and managed in accordance with current environmental protection legislation.

6. The tanks, rafts, pipes and any other container containing liquid discharges, accumulated during the period of the factory's activity, must be properly cleaned up prior to the discharge of their contents into public channels. This discharge shall be carried out by maintaining the limits of the polluting substances laid down in the approval of discharges from the factory to be closed down by the competent authority.

7. In accordance with the provisions of Article 328 of Law 20/1995 of the Criminal Code, the closure of a factory in which there are unauthorized deposits or landfills of toxic or hazardous waste is particularly prohibited.

Supplementary Technical Instruction number 13

Recommendations on building the defenses of hazardous buildings or premises

The Explosives Regulation differentiates, in several cases, a dangerous building or premises, as defined in Article 45, whether or not it is equipped with defenses that protect it from an external explosion or limit the effects to the outside of an explosion inside the premises and buildings.

This complementary technical instruction does not, in any way, aim to be imperative, limiting itself to exposing types of defenses and criteria of their usually adapted design.

Any other design, among the many existing ones, that meets the objectives intended with the defenses will be equally valid, for the purposes of the Explosives Regulation, than the examples indicated in this Technical Instruction complementary.

1. Defenses.

As a general rule, defenses should be at the minimum height of the building or local they protect. In any case, they must exceed by one metre the height of the regulated materials contained in those premises or buildings.

Among the very different types of defenses in use, are illustrated below some of the most common:

2. Design of the defences:

The recommended criteria for the design of merlons and walls should be adjusted to the following bases:

Supplementary Technical Instruction number 14

Rules for Reload Ammunition by Individuals

The possession and use of cardboard, as regulated matter, requires the State to carry out a thorough check, in order to preserve the Citizen Security on the one hand, and to avoid any kind of accident that it puts in place. danger of people's life or property. However, the recharging of ammunition by private individuals, for their own use, is a very desired activity because of a diversity of sports practitioners in which weapons are used, since it allows them to adapt their own ammunition to private individuals. requirements for each particular sport activity; taking into account that social demand, Article 121.3 of the Explosives Regulation took the opportunity to authorise such a charge, for consumption, subject to compliance with the following: requirements:

1. Be in possession of the license that permits the holding and use of weapons that use the class of cartridge that you intend to recharge.

2. Obtain a certificate from an entity authorized by the Directorate General of the Civil Guard that it possesses the necessary knowledge to perform the recharging that is intended.

3. Obtain from the Central Intervention of Arms and Explosives the corresponding authorization for the recharge of the cardboard, according to the procedure specified in this Supplementary Technical Instruction.

4. Maintain the deposit and acquisition limits for both components and finished cardboard materials, which are determined in Article 189.1 of the Explosives Regulation.

5. Use machinery for the recharge of non-automatic cardboard and meet the requirements for placing on the market.

6. Keep the machinery together with the cardboard and its components, in the home or the shooting club, with sufficient safety measures.

7. Without prejudice to the sporadic checks carried out by the Intervention of Arms and Explosives, any person authorized to recharge metal cardboard, at the time of renewing the arms license that authorizes the possession and use of Weapons that use cardboard that you can recharge, you must present to the Arms Intervention of your demarcation the authorization, for review.

Procedure for obtaining the reload authority

The interested party who intends to acquire the manual machinery, suitable for placing on the market, will present a request in the Intervention of Arms and Explosives of its demarcation, in which it will detail the brand and characteristics of the machine, participating in the class of cardboard that you intend to recharge.

The Controller of Arms and Explosives in view of the request and after verification of the corresponding rating and that the security measures for the custody of the necessary elements for the recharge are sufficient, grant the appropriate authorization.

Supplementary Technical Instruction number 15

Packaging and Packaging Identification Labels

(1) Only for explosive materials and objects as provided for in Article 9 and supplementary technical instruction number 2 of the Explosives Regulation.

On the labels of the packaging, the content of the regulatory matter shall be resented as a net weight.

1. Format.

Rectangle designed in black on background of the following colors, according to Standard UNE 48103.94, in reference to Article 12 of the Explosives Regulation.

Strong S 1080-Y60R red orange for boosters and other explosive substances.

Red strong S 1580-R for explosive breakers in general.

Yellow greenish S 0570-Y for security explosives, exclusively.

Moderate purple S 4030-R50B for detonating wicks and cords.

Moderate yellow green S 5020-670Y for detonators, pistons, and other explosive objects.

White S 0502-Y for Carthware and

pale blue S 3020-B30G for pyrotechnic articles.

2. Dimensions.

2.1 Packaging labels shall have the dimensions that allow their size and the data contained therein must be clearly legible.

2.2 Packaging labels shall have a minimum dimension of 74 × 105 millimetres.

3. Nature.

3.1 The labels will have the appropriate consistency and their characters will be indelible.

3.2 When labels are attached to their attachment, they must be used to ensure their attachment or permanence.

4. Comments.

The cataloging number will respond to the provisions of Article 25 of the Explosives Regulation.

Supplementary Technical Instruction number 16

CE Conformity Marking for Civilian Explosives

According to Directive 93/15 on the placing on the market of explosives for civil use and in conjunction with Article 145 of the Explosives Regulation, the conformity marking of explosives is composed of the initials "CE", as shown in the following graphic:

In case the marking is reduced or increased, the same proportions as indicated in the scale of the above graphic must be respected.

The above CE marking shall be supplemented by the anagram of the Notified Control Body, in the cases indicated in the supplementary technical instruction number 5.

Supplementary technical instruction number 17

Rules for the design of underground reservoirs

1. The separation between the polyvres or underground niches shall be adjusted to the following formula:

D = K ³Q.

Where:

Q = Maximum capacity of the powder keg or niche of the two, considered in kilograms.

D = Separation in meters.

K = Coefficient that depends on the characteristic distances of the terrain in which the niches are excavated, corresponding:

K = 1.4, for herring or similar rocks.

K = 1.7, for similar limestone or rocks.

K = 2.0, for granites or similar rocks.

2. The tank shall be disposed of in such a way that the overpressure caused by the possible explosion of the entire authorized explosive for each niche or powder, does not exceed the values.

0.4 kg/cm², in areas where the permanent presence of people is foreseeable.

2.0 kg/cm², in areas where the presence of personnel is eventually possible.

For determination of these overpressures, the following calculation method can be used:

In case the niche results in a sack bottom, the pressure P₁ in the output gallery will be equal to P_O (P₁ = P_O). If the niche results in a closed gallery, pressure P₁ = 0.5.P_O.

By applying pressure P₁ the reduction coefficients of the following table, based on the geometric layout of the galleries, will be obtained the maximum predictable overpressure at any point:

(1) Idem but with depth 2b alveoli.

The initial pressure in the mouth of the P_or niche can be determined by the graph in Annex I, or by the following table:

	(kg/m3)	PO (kg/m3
V
1		11.5
5		30
45		45
		65
40		90
		60		107
80		123
100		135

able to interpolate linearly to obtain, if any, intermediate values.

3. Underground tanks which communicate with mining operations in activity shall be installed in isolated places, which do not serve as a passing-on, or other activity other than the supply of explosive materials, and shall be located in such a way that, in case of explosion or fire, the fumes are not dragged to the work in activity.

4. The communication of each underground powder, or of the tank which may be constituted if several, with the work of exploitation or with the exterior, shall be carried out through a broken gallery, of sufficient section, that at each angle shall have a culaton or expansion chamber.

The expansion or damping culatons shall have a minimum length equal to the diameter of the section circle equivalent to the corresponding gallery. In front of the mouth of each niche it is convenient to have an expansion cylinder.

It is convenient that all niches are communicated to each other by a single access gallery, which also has a unique communication with the main gallery of access to the repository.

5. It shall be ensured that the niches are left to the same side of the gallery that communicates them, in which case the distance between their mouths (communication with the gallery) shall not be less than the separation between niches referred to in paragraph 6.2 of this ITC.

If the niches are not on the same side, the distance between their mouths will be double the above.

The niches will be positioned in such a way that their larger dimension cuts to the axis of the communication gallery, forming an angle between 45 and 90 degrees.

6. Regardless of the light material doors which are installed to protect the tank against foreign objects, the resistant ones, placed to prevent unauthorised access, must allow, in the event of an accident, the passage of the explosive wave, for which they shall be of type grille or equivalent. These resistant doors will be located at the external mouth of the niches communication gallery.

7. The ventilation of the niches shall be carried out by means of natural aeration systems or by the use of ventilation devices, the installation of which inside the niches may be authorised provided they are equipped with safety devices which are consider appropriate.

8. The boxes of explosives or artifices will be distributed on the surface of the niches, never stacking in the proximity of the mouth of the same. A minimum space of 30 centimeters shall be left between the boxes and the walls of the niches.

The detonators shall be stored in niches other than those containing explosives, and the quantity corresponding to an equivalence of ten detonators for each kilogram of explosive shall not be exceeded in each. Niche features would allow to store in it. However, this figure may be increased at the reasoned request of the Optional Directorate to the provincial organ of the Industry and Energy Area of the Government Delegation.

Additional technical instruction number 18

Site of 50 kg auxiliary polvorines

Under the development of Article 190 of the Explosives Regulation, this Supplementary Technical Instruction includes the regulations to be applied in the construction and placement of these auxiliary polyvorines:

1. The powder keg or polvorines constituting an auxiliary distribution depot shall be of a model approved by the Central Intervention of Arms and Explosives of the Civil Guard.

2. Such auxiliary distribution polvorines are excluded from the general regime applicable to explosives deposits, in accordance with the provisions of Article 186 of the Explosives Regulation.

3. The anchorage of the auxiliary powder to the ground may be fixed or equipped with a system, inaccessible from the outside, which allows to be disanclarted for removal.

4. The distances of the auxiliary polvorines to each other, and with respect to population cores, industrial complexes, lines of communication, etc., will be as follows:

Enter Yes:

Minimum distance between two explosives depots, 8 meters.

Minimum distance between an explosive depot and another one of detonators, 1.5 meters.

These distances will be considered between walls. The tanks shall always be equipped with their parallel axes and their doors oriented in the same direction.

Distance to:

Population Cores: 125 meters.

Industrial complexes and communication paths: 100 meters.

Isolated buildings: 75 meters.

5. The provision of auxiliary distribution and defence polvorines which, in the case of an outdoor installation, must be provided for protection, are set out in Annexes 1 and 2 to this Supplementary Technical Instruction.

ANNEX I

ANNEX II

Supplementary Technical Instruction number 19

Rules on the sale and establishment of sale of pyrotechnic artifices of Classes I, II and III

This additional technical instruction, in the development of Articles 188 and 201 of the Explosives Regulation, regulates the sale and the characteristics and rules of location of the sale establishments of the devices. pyrotechnics as defined in Chapter IV of Title I of that Regulation.

1. Sale of fireworks.

1.1 The sale and supply of pyrotechnic artifices of Classes I, II and III may only be made by natural or legal persons who are legally authorized under the Explosives Regulation and in this Instruction complementary technique.

1.2 The required authorisations shall be displayed at points of sale and shall be required at all times by the competent authority.

1.3 Packaging and packaging must bear the name of the manufacturer or his registered trademark and the corresponding number of the industrial register. In the case of imported products, the name of the importer and his tax identification number must be included. In any case, the class to which the product corresponds, its cataloging number and the instructions for its correct use must be resented.

1.4 pyrotechnic devices may not be sold to those who are under the influence of alcoholic beverages or narcotic substances or, as a general rule, from midnight. Flying rockets can only be sold in properly protected packages.

1.5 Applications for the sale of fireworks from classes I, II and III shall be requested from the relevant Government Delegates, accompanying:

Photocopy of the national identity document of the applicant and the sales officers of the establishment.

Technical project of the establishment indicating its location, area for sale, outputs of the premises, characteristics of the warehouse, as well as other data considered to be of interest. In particular, it shall be presented with a certificate of compliance with the provisions of the Low-Tension Electrotechnical Regulation.

1.6 The presentation of the precise technical project in the case of previously authorized establishments will not be required, with an affidavit from the applicant stating that no modifications have been made with in respect of the approved project in its day. If any modification has been made, a new project must be submitted.

1.7 The sale on the public highway will also require the authorization of a regulated warehouse or workshop to deposit the pyrotechnic devices left over from the daily sale. Such a warehouse or workshop must be located at an appropriate distance from the point of sale.

1.8 Any application for authorisation to sell fireworks for an annual exercise must be submitted three months in advance at the start of the activity.

1.9 A request will be submitted, the Government Delegate will request information from the City Council, according to the characteristics of the establishment determined by the applicant. Reports shall also be requested from the provincial organ of the Industry and Energy Area of the Government Delegation and the corresponding Arms and Explosives Intervention.

1.10 In the resolution of authorisation, where appropriate, it shall contain, in addition to the data of the data subject and the sales persons, the characteristics of the establishment and the period of validity of the authorisation, which may be unlimited. for permanent premises and limited to thirty days for booths installed on public roads. The sales-native authorization shall be placed in the right place of the establishment.

1.11 The governmental authorization will serve as a substantial basis for the granting of the corresponding municipal license to exercise the specified activity, according to its specific processing.

1.12 The holder of an authorisation for the sale of fireworks, whether natural or legal, shall designate a sales person who is permanently in the premises or at the booth during the sales period.

2. Sales outlets.

The retail sale of pyrotechnic articles of Classes I, II and III may be carried out at permanent sales premises and in booths installed on the public road or on private property. It is expressly forbidden to sell on an outpatient basis. These establishments shall, for the purposes of their activity, comply with the following rules:

2.1 Permanent locales:

Permanent premises shall be understood for the sale of pyrotechnics all establishment, closed with respect to the street, in which this activity is carried out, in the understanding of those who are part of a building, in Other activities, such as those isolated from other buildings, are carried out. Establishments which do not have to be closed with regard to public roads shall not be regarded as permanent premises.

(a) The permanent premises must meet the conditions required for the RF-120 fire sectors and have at least two outlets located at the same level as the premises of a minimum width of 0,80 metres.

All permanent premises must have a warehouse for pyrotechnic devices placed on the market, which must also meet the requirements of the RF-120 fire sectors and be equipped with doors. RF-60, according to UNE 23093. Access to the warehouse shall preferably be made from the sales premises itself. In no case shall any department store whose access requires cross-dependencies for housing, if any door gives to a housing or interior courtyard, in addition to being RF-60, shall have a return spring; said foyer or patio must have direct communication with the street or have a surface of more than 50 square meters. In any case, the doors of the premises and warehouses will open in the sense of departure from them.

(b) The electrical installation of the premises shall be watertight and portable lamps involving any type of combustion may not be used for lighting. In any case, the electrical installation shall comply with the Low Tension Electrotechnical Regulation.

(c) The maximum net amount of flammable materials which may be stored in the warehouses annexed to the sales premises shall be limited to Class I, and 50 kilograms for Classes II and III.

d) The local will have the number of fire extinguishers to be indicated in the sales authorization, in a minimum of two units, in perfect state of operation, load and with the mandatory revision.

e) The installation of the permanent premises will require a favorable report from the provincial organ of the Industry and Energy Area of the Government Delegation, which may impose the additional security measures that specifically consider convenient in each case.

(f) In the area for sale, pyrotechnics products shall be placed on shelves, being situated at the minimum distance of one metre from the counter. The rest of the material shall be deposited in the warehouse of the establishment for this purpose. Pyrotechnic articles may not be exposed with loading in storefronts or in the public's reach.

g) The number of buyers that may be found simultaneously within an establishment may not exceed that of sellers, and in no case shall be greater than eight customers, not one per six square metres of surface area local useful for sale. For the strictest compliance with this provision, the holder of the authorization shall, by means of personnel, regulate the entry of the public to the establishment and place a sign indicating the maximum number of persons in a visible place. simultaneously may be within the premises.

(h) In no room of the premises shall smoke be permitted, neither lighting flames or incandescent stoves shall be permitted and approved posters indicating this prohibition shall be displayed in visible places.

2.2 Casetas installed on public roads or on private property:

For sale on this type of local the following requirements will be considered:

(a) The sale will take place in a booth that meets the characteristics of the corresponding Government Delegate. The roof of the cassette shall be light and subject in such a way as to be the area of least resistance in case of explosion or projection.

The counter and the sales facade must be covered by a flying visor of a minimum width of 60 centimeters.

b) The sale of pyrotechnic products on the booths will be made on shelves outside the reach of the public. Such products shall be removed from the booth when it is closed to the public and placed in an approved warehouse. The maximum amount of pyrotechnic material which may be stored in the booth shall be the quantity necessary for the sale of the day: Maximum, class I unlimited and class II and III, 30 kilograms net of flammable material.

c) Each cassette will have two fire extinguishers in perfect operating state, load and with the mandatory revision. Approved notices of "prohibited smoking" shall be placed in the right place. No flame or incandescent stoves may be lit. The electrical installation, if any, shall be watertight and comply with the Low Tension Electrotechnical Regulation. Portable lamps which involve any type of combustion may not be used for lighting.

d) The casetas shall be kept at least 20 metres from any building. These booths will be 100 metres away from places that can be particularly dangerous, such as gas stations or gas tanks.

e) At the same time, only two persons shall be admitted to each booth, and the products must be authorized by the Government Delegate.

Supplementary Technical Instruction number 20

Documentation required for citizen security

1. Circulation Guide.

The guide for the circulation of regulated subjects whose model will be made by the Civil Guard is modified with respect to the current one in the following aspects:

1. The field (security and surveillance conditions) is replaced by (Safety Plan carried out by the company ....................................................................................)

2. º Immediately behind "Product class and denomination" will be entered, "number".

3. The Point (Guard, Security Jury) is replaced by (Explosives Security Vigilant).

2. Daily books and monthly parts.

They are modified with respect to those currently in force in the sense that the control numbers of the explosive products should be included in both.

3. Computerization of books and documents.

Companies may file with the Central Intervention of Arms and Explosives computerised models of these documents, which in case of merit approval will authorize them for use.

Supplementary Technical Instruction number 21

Documentation for the authorization of the supply order for the use of explosives

Supplementing chapter II of Title VI of the Explosives Regulation, the authorization of the supply order for the use of explosives provided for in this Regulation shall conform to the model annexed to this Technical Instruction or the one that you are replacing in your day.

(1) Indicate the supplier depot.

(2) Strike out what does not apply.

(3) Means of transport.

(4) Security Watcher of the warehouse or gunner of the work.

Note: Each order consists of four sheets, array, and three copies, all the same and blank.

Supplementary Technical Instruction number 22

Storage and transport compatibility

For the purposes of storage and transport, explosives, cardboard and fireworks must be assigned to one of the following compatibility groups:

A. Primary explosive material.

B. An object containing a primary explosive material and having at least two effective safety devices. Certain articles such as blast detonators and percussion baits are included, even if they do not contain primary explosives.

C. Explosive material propellant or other explosive material, or object containing such explosive material.

D. Explosive secondary explosive material or black powder, or object containing a detonating secondary explosive material, in any case without means of initiation or propellant loading, or object containing a primary explosive material and having the less two effective security devices.

E. Object containing a high explosive material detonating without means of initiation, with propellant charge (except for loads containing a flammable liquid or gel or hypergolic liquids).

F. An object containing a detonating secondary explosive material, with its own means of initiation, with propellant loading (except for loads containing a flammable liquid or gel or hypergolic liquids) or without propellant loading.

G. Pyrotechnic composition or object containing a pyrotechnic composition, or object containing at the same time an explosive material and an illuminating, incendiary, tear-gas or fumigated composition (except for water-activity objects or for the use of the contain white phosphorus, phosphoates, pyrophoric materials, flammable liquid or gel or hypergolic liquids).

H. An object containing an explosive material and also white phosphorus.

J. An object containing an explosive material and also a flammable liquid or gel.

K. An object containing an explosive material and in addition a toxic chemical agent.

L. Explosive material or object containing an explosive material and which presents a particular risk (e.g. by reason of its hydroactivity or the presence of hypergolic liquids, phosphoists or pyrophoric materials) and which requires the isolation of each type.

N. Objects that contain no more than extremely sensitive detonating materials.

S. Matter or object packed or designed in such a way that any dangerous effect due to accidental operation is limited to the packaging, unless it has been damaged by fire, in which case all the effects of the The shock wave or the projections should be sufficiently low to prevent the fight against fires or to prevent the adoption of other emergency measures in the vicinity of the packages.

Regulated materials may not be stored together in a powder keg or loaded in a single vehicle, except where this is authorised according to the following table of compatibility:

Groups
Compatibility

A	B	C	D	F		G	H	J	L	N	S
Z
B		X		1/								X
C			C	C	C			X	X	X		X				2/3/	X
	D		1/	X		X	X	X			X				2/3/	X
E			X	X			X	X				2/3/	X
F												X
			X	X			X						X
H								X				X
	J											X			X
L										4/
N			2/3/	2/3/							2/	X
		X		X		X	X	X	X	X	X		X	X

The "X" indicates that the materials or objects in the different compatibility groups can be stored together in a powder keg or loaded together in a single compartment, container, or vehicle.

Notes:

1. Packages containing materials and articles assigned to compatibility groups B and D may be loaded together in the same vehicle provided that they are transported in separate containers or compartments, of a model approved by the competent authority or a body designated by it, and which are designed in such a way as to prevent any transmission of the detonation of objects from the compatibility group B or the materials or objects of the D-compatibility group.

2. The different objects of Division 1.6, Compatibility Group N (1.6 N), may only be transported or stored together as 1.6 N objects, if tested by means of tests or by analogy that there is no additional risk of detonation by influence between some and other objects. Otherwise, they must be treated as belonging to the Risk Division 1.1.

3. When transporting or storing N compatibility group objects with materials or objects in the C, D or E compatibility groups, the N compatibility group objects will be considered as belonging to the D compatibility group.

4. The materials and objects of the compatibility group L may be stored and loaded in common in the same vehicle with the materials and objects of the same type belonging to that same compatibility group.

Supplementary Technical Instruction number 23

Classification of pyrotechnic artifices of Classes I, II and III

The pyrotechnic articles of Classes I, II and III shall be classified in accordance with the list of articles listed in Annex I, in accordance with the criteria set out in Annex II.

Where an article is not specifically identifiable in the annexes, its classification shall be carried out according to similarity criteria and, if in doubt, shall be included, on a provisional basis, in Class IV, as it stands defined in Article 23 of the Explosives Regulation until a definitive classification is assigned to it, until the appropriate verifications have been carried out.

ANNEX I

Relationship of pyrotechnic articles of categories I, II and III

pyrotechnic article

X

X

X

-

-

X

Piston Percussion

stick (color)

(color)

X

-

Category
I		II	III
	INT			EXT
	-	X	X
Source	X	X	X	X
		-	-	X	X
Candela	-		X
X	-	-	-
	crepant granules	-	X	X	-
Volator	-	-	X	X
Carhome	-	-	-	X
Friction Thunder	-		X	X	X
-	-		-	-
-	X	X	-
Silbator	-	-	X	X
Mariposa (aircraft)	-	-
-	X	-		X	X	X	-	-
-	-	-	-
	X		X	X
	X	X	X	X	X	X	-
X	-	-	-
Triquitque	-	X	-	-
		X	X	X
			-	X		-	-	-
		X	X	X
			-	X		-	-	-
	X	X		X		X
Serpent	X				-	-
Wheel (horizontal and vertical)	-		X
	X			-	-
Surtidor (manual source)	-	X	X	-
and combinations	-	-	X	X
	-	-	-	-	X
tablets			-	-
		X	X	-	-	-
	Drunk Rocket	-	-	X	X
	-	-	X	X
Valencian Traca	-	-	-	X
Traca	-	-	X	X
Parachute	-		-
-	X	-	X	-	-
Wheel	-	X	X	-
	Traca (colors)	-	-	X	X
Carhouse warning	-	-	-	X
Wheel	-	-	X
		-	-	-	-	X	X
Valencian	-	-	-
	-	-		-	-	X

ANNEX II

Classification criteria for categories I, II, and III items

pyrotechnic article

-

50

50

Torto_table

1,000

Maximum Calibre - mm				Net content expl. maximum (g)
I		II	III	I		II	III
	INT			EXT	INT			EXT
	-	-		-	-	-	-	-	-	3	3
Source	-	-	-	-	5	7,5	100	400
	-	-	50	75	-	-	50	300
-	-	-	-	-	-	-			600
50
-	-	-	-	10 mg	-	-	-
Crepant granules	-	-	-	-	-	0.5	3	-
	-		10	-	-	-	-	-	40 (7)	250 (8)
	Carhome	-		-	-	-	-	-	-	250 (8)
Friction Thunder	-	-	-	-	-	-	0.5
-		-	-	-	-	-			-
-	-	-	-	-	-	3	20
		-	-	-	-	-	-	-	-	2	15
Mariposa (aircraft)	-	-	-	-	-	-		-
	-	-	-	-	5	-	20	-
	pyrotechnic drawing	-	-	-	-	2.5 mg by pto.	-	-	-
Japanese	-	-	-	-	1	5	5	25	-
	-	-	-	-	-	1.5 mg	2.5 mg	1	-
piston	-	-	-	-	3.5 mg (3) 7.5 mg (4)	-	-	-
Triquitque	-	-	-	-	1.6 mg (1) 10 mg (2)	-	-	-
Bengal stick (color)	-	-	-	-	-	3	20	100
-	-	-	-	-	-	25	-
		-	-	-	-	-	-	-	-	20	100	500
Thunder	-	-	-	-	-		5	-
	-	-	-			10	100	1	1
Serpent	-	-	-	-	-	-	5	-	-	-
(horizontal and vertical)	-	-	-	-	-	-	100	900
Cerilla	-	-	-	-	3 (9)	-	-	-
	-		-	-	-	-	-	-	50	-	-
Batteries and combinations	-	-	-	-	-	-	200	1,500
Carhouse with mortar	-	-	-	75	-	-	-	250 (8)
tablets	-	-	-	-	-	2	-	-
	-	-		-	-		3	-	-	-
	-	-	-	-	-	-	5	75
-	-	-	-	-	-	-	25	50
Valencian Traca	-	-	-	-	-	-	-	TP: 0.5 TF: 15
Traca	-	-	-	-	-	-	25	500
Parachute	Parachute		-	-	-	-	-	-	15	-
pyrotechnic toy (tank)	-	-	-	-	-	10	-	-
Wheel	-	-	-	-		5	25	-
	-		-	-	-	-	-	-	-	25	500
500	-		-	-	-	-	-	-	10 (b)
Airwheel	-	-	-	-	-	-	-	300
Letras and Lingerie Figures	-	-	-	-	-	-	-	15 (9)
Torto_jumper	-	-	-	-	-	-	25	50
Valencian Traca	-	-	-	-	-	-	-	TP: 0.5 TF: 15 LIGHT: 100

Notes:

(1) Fulminant based.

(2) Chlorate based on red phosphorus.

(3) When the lid is paper.

(4) When the cap is plastic.

(5) 5 grams of detonating composition.

(6) 20 grams of detonating composition.

(7) 3 milligrams detonator and 3 grams cerilla.

(8) Trigger mixing.

(9) For each flare or light point.

TP: Intermediate Thunder.

TF: Final Thunder.

24 Supplementary Technical Instruction

Transport by rail

The sender, when formalizing the transport contract by means of the transport document, is responsible for having fulfilled the conditions required by the TPF, especially as regards the nature of the goods, weight, packaging characteristics, common loading ban and labels. In the event of a false or incomplete declaration or failure to comply with the above conditions, it shall be liable for damages.

The transport of explosive materials and objects shall be carried out on freight trains, except in the case of military trains, under the responsibility of the military authority concerned.

It shall be ensured that the wagons carrying these goods do not circulate either in the head or in the tail of the train, except where the train is pure, or mixed with intended intervention on its route, and shall meet the conditions following:

Present good conservation status and have revisions within the deadline.

Being provided with roller boxes.

Be provided with regulatory parachisps. UIC 543 tab.

Before loading they will be subject to a rigorous recognition in the part that affects the circulation, that is, traction, shock, filming, brake and suspension, communicating it in writing to the Head of the dependency for its file and constancy at the station.

It is not permitted to smoke, use flame lanterns or any other source of ignition in the vicinity of the packages, containers or vehicles carrying these goods.

This ban is especially applicable in:

Load and unload operations.

Deposit of packages and containers in docks and warehouses.

Parking and circulation of vehicles in stations, derivations particles and full track.

Jobs in the immediate proximity of the path.

The drivers of the trains carrying these materials will be informed of this circumstance. They shall also carry safety sheets corresponding to the dangerous goods carried, provided by the sender.

These tokens shall be required for each mode of transport by the applicable international regulations and shall contain at least the following information:

Denomination, classification, and identification number according to TPF.

Nature of the danger presented by the transported materials, as well as the necessary safety measures to deal with it.

Provisions to be taken and care to be provided to persons who come into contact with the goods or products they may detach.

Measures to be taken in the event of fire and, in particular, means or groups of means of extinction that must not be used.

Measures in the event of breakage or deterioration of packaging or packaging, particularly when its contents have been spilled.

Contact phones in case of emergency.

The command posts will keep a special watch on these trains, so as to avoid long delays and detentions. These trains must necessarily use the bypass lines, where they exist, with the exception of loading and unloading in populations.

Should be avoided as far as possible:

The crossing of these trains with those of travelers in tunnels more than 100 meters in length.

The prolonged parking of a train at a inhabited core station or when it is located less than 500 meters away from the nearest core of the clustered population.

The parking of more than one train with dangerous goods in the same station.

Supplementary Technical Instruction number 25

Security rules for loading and unloading to ports

Developing Chapter IV of Title VIII of the Explosives Regulation and supplementing the Regulation of Admittance, Manipulation and Storage of Dangerous Goods in Ports-approved by Royal Decree 145/1989, of 20 January-this additional technical instruction lays down the rules applicable to docks, ports, jetties and associated facilities and services during the loading and unloading of the goods regulated by the aforementioned Regulation.

1. General rules.

The following instructions are generally followed:

A point of docking will be established inside the ships loaded with explosive materials.

A marked area for the parking of vehicles loaded with standby explosives will be reserved in your facility.

For loading or unloading, vehicles will approach the side of the ship one by one, without, outside the parking area, two vehicles loaded with explosives can be found together.

Pallets or containers of explosive shall be transferred directly from vehicle to ship or vice versa, without depositing or stacking them on dock.

The port personnel conducting any operation with explosive materials shall be instructed regarding the basic precautions to be taken in handling these products.

The various formulas set out below are of direct application for classes 1.1 and 1.5 as defined in Article 13 of the Explosives Regulation. For the materials or articles of Class 1.2, the net quantity, Q, of the corresponding explosive material shall be multiplied by 10. For materials or objects of class 1.3, this quantity, Q, shall be multiplied by 50. Finally, in accordance with the provisions of Article 44 of the Regulation on the admission, handling and storage of dangerous goods in the ports, this additional technical instruction shall not apply in the case of: materials or objects of classes 1.4 and 1.6.

2. Maximum allowable concentrated quantities in the ports.

For the purposes of Articles 24 and 40 of the said Regulation of Admission, Storage and Handling of Dangerous Materials in the Ports, the permissible net quantity acceptable shall be determined by the distances existing from the area where the load is located to inhabited buildings and public communication routes, in both cases outside the port facilities.

Concentrated quantity shall mean the sum of all vehicle pools or packages of explosive which are on the dock, separated from each other a distance, in metres, less than:

D = 3 ³Q.

being Q, in kilograms, the net amount of explosive substance per unit or transport element.

The maximum concentrated quantity, Q_p in kilograms, allowable on the port will be determined by the formula:

in which d is the distance, in meters, to inhabited buildings and roads or public railways other than port facilities and K₁ a coefficient according to the following table:

Net Quantity of Explosives
-
Kilograms

Coefficient K1
buildings	Communication paths
10 to 45,000	15.6	9.3
45,001 to 90,000	17.0
90.001 to 125,000	19.0	11.5
More than 125,000	20.0

3. Parking area of loaded vehicles.

It will be a clearly signposted zone for the parking of the loaded vehicles-waiting for their unloading, if it is an expedition, or their departure from the port, if it is a reception-the surface of which must be the maximum net load per unit or transport element, Q_or in kilograms, and the number of these, n, in such a way as to maintain minimum distances between vehicles, in metres, of:

d = 0.5 ³Q_or

For the location of this parking zone, minimum distances must be saved for:

The ship to load or unload: 3 • ³Q₁

Buildings inhabited: 20 • ³Q₁

Public use roads and railways: 15 • ³Q.₁

being:

Q = n • Q_O

4. Maximum allowable quantities on a vessel.

The total net mass of allowable explosive material on dock-loaded ship, Q_B in kilograms, will be the function of the admissible in the port, Q_P, affected by a multiplier coefficient, K:

Q_B = K • Q_P

being K, in turn, function of coefficients A and B:

K = A • B

depending on the position of the shipment on the ship:

A = 1, for load on deck.

A = 2, for cargo in the hold, above the waterline.

A = 5, for cargo in the hold, below the waterline.

and B, packing and handling method:

B = 1, for boxes and loose packages.

B = 2, for loading in load units, palettes.

B = 4, for container shipment.