Placing civil explosives on the market in the European Union
Brexit: Transition period
The UK has now left the EU. Your health and safety responsibilities have not changed in the transition period.
The Explosives Regulations 2014 (Amendment) Regulations 2016 (ERAR2016) amend the Explosives Regulations 2014 (ER2014) and implement European Directive 2014/28/EU on the making available on the market of explosives for civil use. ERAR2016 updates the requirements for making civil use explosives available on the EU market and must be read alongside ER2014
ERAR2016 states that economic operators must not place civil explosives on the market unless they conform with certain requirements, including, meeting the essential safety requirements, conformity attestation against the relevant tests and correct application of the CE mark. Information on the conformity assessment process is available.
Economic operators also have duties when a civil explosive is not in conformity, or present a risk. Further information is available.
CE marking confirms that a ‘Notified Body’ has assessed that the civil explosive meets all of the essential safety requirements. Schedule 9 of ER2014 details the criteria for meeting the essential safety requirements. Generally this will be achieved by the dutyholder demonstrating that the civil explosive conforms to the relevant European Standards.
There is a legal requirement relating to the use of the CE mark. A CE mark must be properly affixed to the civil explosive. It is properly affixed if it is visible, easily legible, and indelible. It must be durable so that it will remain visible, easily legible, and indelible during normal transport or storage.
Where it is not possible to affix the CE mark to the civil explosive the mark must be affixed to:
- the packaging
- the accompanying documents
The affixing of the CE marking is the manufacturer’s responsibility.
The CE marking must be followed by the identification number of the notified body which carried out the relevant conformity assessment procedure for the civil explosive, where that body is involved in the production control phase.
Equivalent arrangements for CE Marking apply in Northern Ireland.
Explosives Notified Body
Dutyholders can use any competent Notified Body to undertake the conformity assessment of their explosives.
In the United Kingdom the Notified Body appointed for the conformity assessment of civil explosives is the Health and Safety Laboratory  Schedule 15 to ERAR2016 details the requirements for appointing a notified Body and Schedule 16 details the Notified Bodies’ operational obligations.
With certain exceptions, anyone who places pyrotechnic articles on the market must ensure that they meet the essential safety requirements, detailed in the Pyrotechnic Articles (Safety) Regulations 2015. These regulations implement the recast European Directive 2013/29/EU. BIS are the lead department for these Regulations