Health and Safety
Executive / Commission
Explosives
All explosives for civilian use that are placed on the market within the European Union must carry a CE mark. In Great Britain these requirements are set out in the Placing on the Market and Supervision of Transfers of Explosives Regulations 1993 ('POMSTER'). Separate, parallel regulations apply in Northern Ireland.
The CE marking confirms that a 'Notified Body' has tested that the explosive conforms with the
relevant European standard and meets the essential safety requirements. In Great Britain the
Notified Body is the Health and Safety Laboratory:
GB Explosives Notified Body
Council Directive 93/15/EEC (on the harmonisation of the provisions on the placing on the market and supervision of explosives for civil uses) is concerned with safety requirements for explosives and security controls on their transfer. The Directive was implemented in Great Britain by the Placing on the Market and Supervision of Transfers of Explosives Regulations 1993 (POMSTER). For further information about POMSTER see 'Acquisition and Transfer of Explosives'.
The requirements of the Directive, and consequently those of POMSTER, do not apply to pyrotechnic articles. The Directive does not define what is covered by the term ‘pyrotechnic article’. The European Commission has now adopted Commission Directive 2004/57/EC, which includes (in Annex 1) a list considered to be pyrotechnic articles or ammunition for the purposes of Directive 93/15/EEC.
Directive 2004/57/EC also includes (in Annex 2) a further list of articles for which ‘a determination’ is required as to whether they are pyrotechnic articles. This means that expert judgement will need to be taken by Member State ‘Notified Bodies’ as to whether or not the article is in the scope of Directive 93/15/EEC.
HSE has published a guidance note which reflects the European Commission directive and gives guidance on which items are considered to be pyrotechnic article and therefore exempt from the requirements of the directive and POMSTER and which are to be considered as ammunition and therefore exempt from the CE marking requirements of the directive but not from other provisions.
