European Union (Making Available on the Market and Supervision of Explosives for Civil Uses) Regulations 2016.

• Jurisdiction: Ireland
• Citation: IR SI 423/2016
• Year: 2016

PART 1

GENERAL PROVISIONS

1. Citation and commencement

2. Interpretation

3. Application

4. Making available on market of explosives

PART 2

OBLIGATIONS OF ECONOMIC OPERATORS

5. Obligations of manufacturers

6. Authorised representatives

7. Obligations of importers

8. Obligations of distributors

9. Cases in which obligations of manufacturers apply to importers and distributors

10. Identification of economic operators

PART 3

CONFORMITY OF EXPLOSIVES

11. Presumption of conformity of explosives

12. Conformity assessment procedures

13. EU declaration of conformity

14. Rules and conditions for affixing CE marking and other markings

PART 4

NOTIFICATION AND OPERATIONAL OBLIGATIONS OF NOTIFIED BODIES

15. Designation of Minister as notifying authority

16. Notification of notified bodies

17. Refusal to grant notification

18. Suspension or revocation of notification

19. Operational obligations of notified bodies

20. Monitoring of conformity by notified bodies

21. Appeal panel

22. Information obligation on notified bodies

23. Fees

PART 5

SECURITY PROVISIONS

24. Transfer of explosives

25. Application for approval

26. Assessment of necessity for special security requirements

27. Determination special security requirements necessary

28. Determination special security requirements unnecessary

29. Grounds for refusal to grant approval

30. Review of approval for transfer for fixed period

31. Transfer document

32. Licence or authorisation

33. Seizure by designated officer

PART 6

UNION MARKET SURVEILLANCE AND CONTROL OF EXPLOSIVES ENTERING UNION MARKET

34. Union market surveillance and control of explosives entering Union market

35. Procedure for dealing with explosives presenting risk at national level

36. Risk to health or safety of persons or to safety of property or environment from explosives in compliance with Regulations

PART 7

INSPECTIONS AND SURVEILLANCE

37. Inspections and surveillance

38. Authorised officers

39. Forfeiture orders

40. Seizure and disposal of unsafe explosives

41. Measures entailing refusal or restriction

42. Service of documents

43. Right of appeal against notifications or other measures

44. Jurisdiction (Regulations 41(9) and 43(1))

45. Offences and penalties

46. Transitional provisions

47. Revocations

SCHEDULE 1

Essential Safety Requirements

SCHEDULE 2

EU Declaration of Conformity

S.I. No. 423 of 2016

EUROPEAN UNION (MAKING AVAILABLE ON THE MARKET AND SUPERVISION OF EXPLOSIVES FOR CIVIL USES) REGULATIONS 2016

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 5th August, 2016.

I, FRANCES FITZGERALD, Minister for Justice and Equality, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) and for the purpose of giving effect to Directive 2014/28/EU of the European Parliament and of the Council1 , hereby make the following regulations:

PART 1

GENERAL PROVISIONS

Citation and commencement

1. (1) These Regulations may be cited as the European Union (Making Available on the Market and Supervision of Explosives for Civil Uses) Regulations 2016.

(2) Subject to Regulation 46, these Regulations come into operation on 1 September 2016.

Interpretation

2. (1) In these Regulations—

“Act of 1875” means the Explosives Act 1875 (38 & 39 Vict., c. 17);

“appeal panel” means a panel established by the Minister under Regulation 21;

“appropriate court” means—

(a) in a case in which the estimated market value of the explosives concerned does not exceed €15,000, or such other amount as may stand specified for the time being by law as that court’s jurisdiction in tort, the District Court,

(b) in a case in which the estimated market value of the explosives concerned exceeds €15,000 but does not exceed €75,000, or such other amount as may stand specified for the time being by law as that court’s jurisdiction in tort, the Circuit Court, and

(c) in a case in which the estimated market value of the explosives concerned exceeds €75,000, the High Court;

“authorised officer” means a person appointed under Regulation 38;

“authorised representative” means a person appointed by a manufacturer under Regulation 6(1);

“competent authority” means—

(a) in relation to the State, the Minister, and

(b) in relation to another Member State, the competent authority, under the Directive, of that state;

“consignee” means an economic operator in the State to whom explosives are, or are to be, transferred under Part 5;

“designated officer” means a member of the Garda Síochána, an officer of customs or a Government inspector of explosives;

“Directive” means Directive 2014/28/EU of the European Parliament and of the Council1;

“EC Regulation” means Regulation (EC) No. 765/2008 of the European Parliament and of the Council of 9 July 20082 ;

“Government inspector of explosives” means a person appointed under section 53 of the Act of 1875;

“importation” means importation into the State from a place outside the Union;

“internal transfer” means a transfer of explosives within the State;

“Intra-Community transfer of explosives document” means the document set out in the Annex to Commission Decision 2004/388/EC of 15 April 20043 , amended by Commission Decision 2010/347/EU of 19 June 20104 , issued by a relevant recipient competent authority;

“market surveillance authority” means the Minister;

“Minister” means the Minister for Justice and Equality;

“notified body” means a body notified to the European Commission that has been granted notification—

(a) under Regulation 16, or

(b) by another Member State in accordance with the Directive;

“notifying authority” means the Minister;

“officer of customs” has the same meaning as it has in section 2 of the Customs Act 2015 (No. 18 of 2015);

“recipient competent authority” means—

(a) in the case of a transfer into the State from another Member State, the Minister,

(b) in the case of the importation of explosives, the Minister,

(c) in the case of a transfer through the State, the Minister, and

(d) in the case of an internal transfer, the superintendent of the district in which the internal transfer will terminate or a member of the Garda Síochána in such district not below the rank of inspector acting on such superintendent’s behalf;

“Regulations of 2009” means the European Communities (System for the Identification and Traceability of Explosives for Civil Uses) Regulations 2009 ( S.I. No. 133 of 2009 );

“transfer document” means—

(a) in the case of a transfer into the State from another Member State, an Intra-Community transfer of explosives document,

(b) in the case of the importation of explosives, an importation licence issued under the Act of 1875,

(c) in the case of a transfer through the State, an Intra-Community transfer of explosives document,

(d) in the case of an internal transfer, a document issued by the superintendent of the district in which the internal transfer will terminate or a member of the Garda Síochána in such district not below the rank of inspector acting on such superintendent’s behalf, and

(e) in the case of a transfer from the State to another Member State, an Intra-Community transfer of explosives document;

“Union” means the European Union;

“used for their own purposes”, in relation to explosives used by a manufacturer, does not include used by the manufacturer in research and development, trials, education, experiments, incorporation into a formulation or article, disposal or extraction for disposal.

(2) A word or expression which is used in these Regulations and which is also used in the Directive has, unless the context otherwise requires, the same meaning in these Regulations as it has in the Directive.

Application

3. (1) These Regulations apply, subject to paragraph (2), to all explosives.

(2) These Regulations do not apply to:

(a) explosives, including ammunition, intended for use by the Defence Forces or the Garda Síochána;

(b) pyrotechnic articles to which the European Union (Making Available on the Market of Pyrotechnic Articles) Regulations 2015 ( S.I. No. 174 of 2015 ) apply;

(c) ammunition, the acquisition, possession or transfer of which is regulated or prohibited under the European Communities (Acquisition and Possession of Weapons and Ammunition) Regulations 1993 ( S.I. No. 362 of 1993 ).

(3) The provisions of these Regulations are in addition to, and not in substitution for, the provisions of:

(a) the Act of 1875;

(b) the Carriage of Dangerous Goods by Road Act 1998 (No. 43 of 1998);

(c) the Safety, Health and Welfare at Work Act 2005 (No. 10 of 2005).

(4) Part 5 shall not apply in respect of the transfer of explosives to, by or on behalf of, or where explosives are in the possession of:

(a) a designated officer acting in the execution of his or her duties;

(b) a person exercising a power of seizure under section 74 of the Act of 1875;

(c) an explosive ordnance disposal officer of the Permanent Defence Forces acting in aid of the civil power;

(d) an authorised officer acting in the execution of his or her duties.

Making available on market of explosives

4. A person shall not make available on the market any explosives unless the explosives—

(a) satisfy the essential safety requirements set out in Schedule 1,

(b) have been the subject of a conformity assessment procedure set out in paragraph (a) or (b) of Regulation 12;

(c) have been submitted to a notified body for a conformity assessment under Regulation 19,

(d) have passed the conformity assessment referred to in paragraph (a) or (b) of Regulation 12,

(e) have an EU declaration of conformity drawn up in respect of them in accordance with Regulation 13,

(f) have affixed to them the CE marking in accordance with Regulation 14 and Article 30 of the EC...