Placing on the Market and Supervision of Transfers of Explosives Regulations 1993

Publication Date:January 01, 1993
 
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1993No. 2714

HEALTH AND SAFETY

The Placing on the Market and Supervision of Transfers of Explosives Regulations 1993

4thNovember1993

11thNovember1993

The whole regulations except regulations 4 to 7 and 13 and except regulation 8 in respect of transfers mentioned in regulation 1(3)The whole regulations except regulations 4 to 7 and 13 and except regulation 8 in respect of transfers mentioned in regulation 1(3)

1stDecember1993

Regulation 8 in respect of transfers mentioned in regulation 1(3)Regulation 8 in respect of transfers mentioned in regulation 1(3)

26thSeptember1994

Regulations 4 to 7 and 13

1stJanuary1995

The Secretary of State, being the Minister designated( a) for the purpose of section 2(2) of the European Communities Act 1972( b), in relation to the placing on the market, transfer and safety of explosives for civil use, in the exercise of the powers conferred on him by the said section 2(2) and sections 15(1), (2), (3)(a) and (b), 4(b) and 82(3)(a) of, and paragraphs 1(1)(b), (3) and (4), 2(1), 3(1), 4(1), 6(1) and 16 of Schedule 3 to, the Health and Safety at Work etc. Act 1974( c) ("the 1974 Act") and all other powers enabling him in that behalf for the purpose of giving effect without modification to proposals submitted to him by the Health and Safety Commission under section 11(2)(d) of the 1974 Act after the carrying out by the said Commission of consultations in accordance with section 50(3) of that Act hereby makes the following Regulations-

ARRANGEMENT OF REGULATIONS

1. Citation and commencement

2. Interpretation

3. Application

4. Placing on the market of explosives

5. Conformity attestation

6. Notified bodies

7. CE marking

8. Transfer of explosives

9. Enforcement

10. Extension outside Great Britain

(a) S.I. 1993/2661.

(b) 1972 c.68.

(c) 1974 c.37; sections 15 and 50 were amended by the Employment Protection Act 1975 (c.71), Schedule 15 paragraphs 6 and 16 respectively.

11. Exemption certificates

12. Modifications

13. Saving

14. Revocations

Schedule 1 Essential safety requirements

Schedule 2 Provisions relating to explosives to which the CE marking has been affixed

Part I Explosives which do not satisfy the requirements of regulation 4(1)(a) and (b)

Part II Explosives which may compromise safety when used for their intended purpose

Part III Supplementary provisions

Schedule 3 Conformity marking

Schedule 4 Modifications

Part I The Explosives Act 1875

Part II The Control of Explosives Regulations 1991

Citation and commencement

1.-(1) These Regulations may be cited as the Placing on the Market and Supervision of Transfers of Explosives Regulations 1993.

(2) Subject to paragraphs (3) and (4), these Regulations shall come into force on 1st December 1993.

(3) In respect of transfers which take place wholly within the United Kingdom or which terminate outside the United Kingdom, regulation 8 shall come into force on 26th September 1994.

(4) Regulations 4 to 7 and 13 shall come into force on 1st January 1995.

Interpretation

2.-(1) In these Regulations, unless the context otherwise requires-

"the 1972 Act" means the European Communities Act 1972;

"the 1974 Act" means the Health and Safety at Work etc. Act 1974;

"the 1983 Regulations" means the Classification and Labelling of Explosives Regulations 1983( a);

"the CE marking" means the marking referred to in regulation 7(4);

"the Civil Uses Directive" means Council Directive 93/15/EEC on the harmonisation of the provisions relating to the placing on the market and supervision of explosives for civil uses( b);

"the Commission" means the Commission of the European Communities;

"the essential safety requirements" means the requirements listed in Schedule 1;

"the Executive" means the Health and Safety Executive;

"explosives" means explosive articles or explosive substances which have been assigned on classification in accordance with the 1983 Regulations to Class 1;

"explosive article" means an article containing one or more explosive substances;

"explosive substance" means-

(a) a solid or liquid substance, or(b) a mixture of solid or liquid substances or both,

which is capable by chemical reaction in itself of producing gas at such a temperature and pressure and at such a speed as could cause damage to surroundings or which is designed to produce an effect by heat, light, sound, gas or smoke or a combination of these as a result of non-detonative self-sustaining exothermic chemical reactions;

(a) S.I. 1983/1140.

(b) OJ No. L121, 15.5.93, p.20.

"harmonised standard" means a text setting out technical specifications adopted by the European Committee for Standardisation (CEN) under a mandate from the Commission in accordance with Council Directive 83/189/EEC laying down a procedure for the provision of information in the field of technical standards and regulations( a), and of which the reference number is published in the Official Journal of the European Communities;

"notified body" means a body notified to the Commission by a member State pursuant to Article 6.2 of the Civil Uses Directive.

(2) Any reference in these Regulations to-

(a) a numbered regulation or Schedule is a reference to the regulation in or Schedule to these Regulations so numbered;(b) a numbered paragraph is a reference to the paragraph so numbered in the regulation, Schedule or Part of the Schedule in which the reference appears; and(c) a numbered Annex is a reference to the Annex to the Civil Uses Directive so numbered.

Application

3.-(1) Subject to paragraph (2), these Regulations shall apply to all explosives.

(2) Regulations 4 to 8 shall not apply to-

(a) ammunition the acquisition of which is regulated or prohibited by virtue of the Firearms Acts 1968 to 1992( b); or(b) any explosives which it is shown are intended for lawful use by the armed forces or police of any country; or(c) a pyrotechnic article; or(d) an explosive which is used immediately at the place of manufacture; or(e) an explosive article intended for use as a life saving device in a motor vehicle.

(3) Regulations 4 to 8 shall not apply in respect of the transfer of explosives to, by or on behalf of, or where, following the transfer, the explosives are in the possession of-

(a) any person such as is mentioned in regulation 3(3) of the Control of Explosives Regulations 1991( c);(b) the Crown in respect of any explosives which are intended for use for the purposes of the department of the Secretary of State having responsibility for defence or that of the Secretary of State having responsibility for home affairs; or(c) the Executive.

Placing on the market of explosives

4.-(1) No person shall place any explosives on the market unless-

(a) the explosives satisfy such of the essential safety requirements as apply to those explosives; and(b) the conformity of the explosives to the requirements of these Regulations has been attested in accordance with regulation 5; and(c) the CE marking has been affixed to the explosives in accordance with regulation 7.

(2) For the purposes of paragraph (1), explosives shall be treated as satisfying the essential safety requirements if they conform to any relevant national standard.

(3) For the purposes of this regulation, "national standard" means a standard of a member State-

(a) which transposes a relevant harmonised standard; and(b) the reference number of which has been published by that member State pursuant to Article 4.1 of the Civil Uses Directive.

(a) OJ No. L109, 26.4.83, p.8; the Directive was last amended by Commission Decision 90/230/EEC (OJ No. L380 31.12.90, p.13).

(b) 1968 c.27, 1982 c.31, 1988 c.45 and 1992 c.31.

(c) S.I. 1991/1531.

(4) For the purpose of this regulation, explosives are placed on the market when they are first supplied or made available to any person with a view to their distribution or use within the Communities or are imported, except with a view to re-export, from outside the Communities, and "place on the market" shall be construed accordingly.

Conformity attestation

5. For the purposes of regulation 4(1)(b), the procedure for attesting conformity of explosives to the requirements of these Regulations shall be-

(a) EC type examination (Module B) referred to in Annex II(1) together with-(i) type conformity (Module C) referred to in Annex II(2), or(ii) production quality assurance (Module D) referred to in Annex II(3), or(iii) product quality assurance (Module E) referred to in Annex II(4), or(iv) product verification (Module F) referred to in Annex II(5); or(b) unit verification (Module G) referred to in Annex II(6).

Notified bodies

6.-(1) The Secretary of State may from time to time appoint in writing such qualified bodies as he thinks fit to be notified bodies for the purposes of these Regulations.

(2) An appointment under this regulation may relate to all or any description or class of explosives, may be subject to conditions or to limit of time, and may be revoked in writing at any time.

(3) For the purposes of this regulation a body is qualified if it meets the criteria set out in Annex III (minimum criteria to be taken into account by member States for the notification of bodies) or if it meets the assessment criteria laid down by a relevant harmonised standard.

(4) The Secretary of State shall-

(a) notify the Commission and the other member States of any body appointed under this regulation;(b) revoke the appointment of any such body if it appears to the Secretary of State that that body is no longer qualified; and(c) notify the Commission and the other member States of the revocation of any such appointment.

(5) A body appointed by the Secretary of State under this regulation, after agreeing with the applicant any fee in respect of the work to be undertaken by it, shall perform the functions of a notified body under the Civil Uses Directive.

CE marking

7.-(1) For the purposes of regulation 4(1)(c), the CE marking is properly affixed if-

(a) it is visible, easily legible and indelible; and(b) it is of a durable nature...

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